Posted on 05/04/2007 3:52:05 PM PDT by RedRover
Hearing fact sheet
The accused: Capt. Stone was the staff legal officer for the 3rd Battalion, 1st Regiment when the incident occurred. Stone, who completed his officer training course in August 2003, was on his first tour in Iraq at the time of the Haditha incident. He is a 34-year-old Maryland native, currently assigned to legislative affairs duties. Capt. Stone is facing up to two years in prison and dismissal from the service if ordered to trial, convicted and sentenced to the maximum punishment.
Preferred Charges and Specifications:
Charge: Violation of the UCMJ, Article 92
Specification 1 (Violation of a lawful order): wrongfully failed to ensure accurate reporting and a thorough investigation into a possible, suspected, or alleged violation of the law of war by Marines from his Battalion. (Maximum punishment dismissal, forfeiture of all pay and allowances, and confinement for 2 years).
Specification 2 (Dereliction): negligently failed to ensure that this possible, suspected, or alleged violation of the law of war was accurately reported to higher headquarters.
Specification 3 (Dereliction): negligently failed to ensure that a thorough investigation was initiated into this possible, suspected, or alleged violation of the law of war. (Maximum punishment: [willful] Dismissal, forfeiture of all pay and allowances, and confinement for 6 months [through neglect or culpable inefficiency] Dismissal, forfeiture of two-thirds pay per month for 3 months, and confinement for 3 months).
Investigating officer: Maj. Thomas McCann
Convening authority: Lt. Gen. James Mattis, commanding general for the 1st Marine Expeditionary Force and Marine Forces Central Commander for Afghanistan, Iraq and Africa.
Expected duration of the hearing: At least four days.
Unprecedented prosecution: The charges against Capt. Stone represent the first time a legal officer has been accused of a crime arising out of his handling of a battlefield report.
In Capt. Stone's defense: Lead civilian attorney, Charles Gittins, says, "General Huck did not believe there should have been an investigation, nor did the staff judge advocate for the regiment. My client was the lowest-level guy and he reported everything that he had been told. There was no requirement that he should have done more. I don't think the people who made the charging decision thought it through -- it seems like they just threw everything at a dartboard."
Expected witnesses: Maj. Gen. Richard Huck (former commanding general of the 2nd Marine Division based at Camp Lejeune, North Carolina, who at the time of the incident, was in charge of troops in Haditha ), "two other Marine officers who were in Iraq when the killings took place" (according to the North County Times), Sgt. Sanick Dela Cruz.
What's crucial: Maj. Gen. Huck's testimony could clear Capt. Stone. (As a side note, it's very rare for a general to testify for either side in a court case. Naturally, the investigating officer will give a great deal of weight to his testimony.)
Also at stake: Three other officers are facing charges similar to those of Capt. Stone: Lt. Col. Jeffrey Chessani, Capt. Lucas McConnell and 1st Lt. Andrew Grayson. The result of Capt. Stone's hearing will impact the other three officers, as well as the three enlisted Marines (Staff Sgt. Frank Wuterich and Lance Cpls. Justin Sharratt and Stephen Tatum). All the accused are from Camp Pendleton's 3rd Battalion, 1st Marine Regiment.
Information drawn from various articles in the North County Times
Thanks, Red. It’s great to see this stuff coming out.
Awesome. What the media, NCIS, and the prosecution puts out there as news “facts” is shameful. They don’t seem to want to find the truth. Each has their own agenda. After following these cases and the process for a while, getting to the truth for some of these entities just gets in the way of their agenda.
You’re exactly right Girlene - they each have their own agenda.
Meanwhile, our Marines’ lives and careers are on the line.
Well said, Sad to say its true...
Freepmail, guys!
And how...thanks for the good stuff.
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