Captain Randy W. Stone: Article 32 Summary

Defend Our Marines ^ | May 18, 2007 | David Allender

[RedRover]

Key witnesses and testimony

Lt. William Kallop

Platoon CO, the only officer on the scene during most of the incident. The lieutenant (granted immunity) testified just prior to the 3/1's third deployment to Iraq.

• Responded to the scene of the roadside bomb with a quick-reaction force after they heard the explosion at their base a few kilometers away.

• Was told at the scene by at least one Marine [Cpl. Hector Salinas] that they were taking enemy fire.

• Ordered Sgt. Wuterich "to clear a group of buildings" south of the bomb crater.

• Later went into one of the two houses where civilians, including several women and children, were killed and others were wounded. The scene upset him, but didn't prompt him to report to superiors anything out of the ordinary.

• Spoke briefly to Sgt. Wuterich who told the lieutentant he had heard noises behind a door in a house that sounded like the bolting action of an AK-47 rifle. "From what he told me," Kallop said, "I thought that [their response] was within the rules of engagement because the squad leader felt he was going to kick in a door and walk into a machine gun nest." (The first team leader told Lt. Kallop the same thing as Wuterich.)

• Reported by radio "10 to 15" deaths into the Kilo Company operations center, but doesn't recall if he specified whether they were civilians.

• Didn't receive a post-incident report from Wuterich that noted the civilian deaths. When asked by Lt. Col. Sean Sullivan, a prosecutor, why not, Kallop responded, "They had been trying to engage the enemy in the best possible way that they can."

Quote: “I thought the Marines had operated as best they could in an uncertain environment,” Kallop said. “I had faith in my squad leader, who had told me what happened and why.”

[Sources: Marines Corp Times, San Diego Union Tribune, New York Times]

____________________________

1st Sgt. Albert Espinosa

As Kilo Company's first sergeant, Espinosa testified that one week after the Nov. 19, 2005, incident, he initiated a conversation with Stone at the battalion's command center in Haditha because, "I wasn't happy with the answers I was getting. I thought we need to do an investigation."
Stone told him that a probe was taking place at the battalion level, Espinosa said, later adding that a sergeant major also said it was being addressed at a higher level.

Espinosa said he thought that statements should have been taken from the Marines linked to the killing because that was what had happened in a 2003 incident when a 12-year-old Iraqi girl was slain. Espinosa assisted in that investigation.

Under questioning from Stone's attorney Charles Gittins, Espinosa said he was unaware of what reports were being filed at the battalion level.

[Source: North County Times]

____________________________

Sgt. Sanick Dela Cruz

A corporal at the time of the incident, Sgt. Dela Cruz was granted immunity to testify. He was not involved in the house clearing, and his testimony only effects Sgt. Wuterich.

• Fired at five men at a white taxi moments after Sgt. Frank Wuterich fired a barrage of bullets at the group. (Later, Dela Cruz urinated on one of the dead bodies.)

• Decided to shoot because he assumed from Wuterich's actions that the men were a threat and he wanted to make sure they were dead.

• Claims Sgt. Wuterich asked him, and the rest of the squad, to lie about the incident at the taxi. Dela Cruz testified that Wuterich later told his entire squad to say it was done by Iraqi forces.

Quote: "They were just standing, looking around, had hands up," Dela Cruz said. "Then I saw one of them drop in the middle. I didn't know what was going on."

[Source: North County Times]

____________________________

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. The general testified via video hookup from the Pentagon.

• There was no early indication that the deaths were not combat-related or warranted an investigation.

• Visited the unit's headquarters in Haditha on Nov. 22, 2005 and received no report that the issue merited review. According to court documents, Huck told investigators, "no bells and whistles went off." "It was just here is something that happened, and it was onto the next thing."

• Reports of the deaths were sent up the chain of command and up to Gen. George Casey, the top U.S. commander in Iraq at the time of the incident.

• None of those superiors told Huck there should be further investigation into the deaths.

• On Feb. 12, 2006, learned in an e-mail from his boss, Lt. Gen. Peter Chiarelli, that a Time magazine reporter asked about allegations including one that "four young men were herded into a closet and sprayed with bullets." According to court documents, Huck replied, "I support our account and do not see a necessity for further investigation." (On Feb. 13, Chiarelli called for an investigation.) The allegations surprised him because local Iraqi leaders never questioned him about the attack in his frequent meetings with them.

Quote: Huck commanded 19,000 U.S. military personnel at the time and 12,000 Iraqi soldiers and said he relied on staff reports of battle incidents such as in Haditha. "If someone felt there was a need to investigate, it could have come up from a myriad of places," he said.

[Sources: North County Times, Associated Press, Reuters]

____________________________

Sgt. Maj. Edward Sax

Testified that he only learned that civilians had died in Haditha when he saw the Sgt. Wuterich interview on 60 Minutes.

[Source: North County Times]

____________________________

1st Lt. Adam Mathes

Kilo Co. executive officer.

• Said the Haditha town council lodged a complaint on November 27 that 15 civilians had been killed.

• Testified that he told his superior officer, Capt. Lucas McConnell, one of the four charged with dereliction of duty. “He didn’t seem to feel that it was a very big deal,” the lieutenant said.

• Didn't believe the allegations presented by the Time magazine reporter, Tim McGirk. The questions reflected an agenda to discredit the Marine Corps and President Bush. “It sounded like very negative spin,” Mathes testified from Kuwait by video link. “This guy’s looking for blood and blood leads headlines.”

• Regarding his sentiment at the time, Mathes said, “It was a demonstration of how cheap (the insurgents) consider their own lives that they would use their own people for this attack. These are the lengths they are willing to go to conduct an attack on us.”

Quote: “My impression of Sergeant Wuterich is that he is a very decent, quiet, mature guy. I didn’t have any reason to question their integrity.”

[Source: Reuters]

____________________________

Capt. Jeffery Dinsmore

Intelligence officer, 3rd Battalion.

• Did not report where or how civilians died on Nov. 19, 2005. "I said women and children were killed in that particular engagement. It isn't a requirement of combat reporting" to report exactly where they died, the captain testified. The detail that many of the killings occurred in homes rather than out in the open was not included for the sake of brevity in a briefing provided to higher commanders.

• Dismissed complaints from the mayor of Haditha and its city council about the slaying of 24 of its townspeople in 2005 because he believed insurgents heavily influenced the local government. "My assessment was the city council was being used as a tool of insurgent propaganda," Dinsmore said. "They would take grains of truth and add details that were false and it would end up looking like a wild allegation."

• Testified that top battalion officers strongly believed that insurgents used the civilians as human shields and fled during the counterattack. “It's fairly well established through the (unmanned aerial vehicle) coverage that there were insurgents in those homes,” referring to the homes where civilians were killed.

Quote: “The reality is then and the reality is now, you let loose marines in a T.I.C. against a hostile situation, taking small-arms fire, they don’t have the training nor do they have the presence of mind to differentiate between civilians and insurgents. It stinks.”

[Source: Reuters, San Diego Union Tribune, New York Times, North County Times]

____________________________

Maj. Dana Hyatt

Civilian affairs officer, 3rd Battalion. He was given immunity to testify.

• Visited the morgue the night after the incident and inspected the houses 10 days after the incident (at the request of the town council). Based on what he say, he was authorized to distribute more than $40,000 to the relatives of the dead.

• Did not believe the deaths warranted further investigation.

• Testified that four of the Iraqis killed inside the houses were insurgents.

[Source: Associated Press, San Diego Union Tribune]

____________________________

Col. John Ewers

Legal affairs officer, assigned by the Marine Corps to assist Army Maj. Gen. Eldon Bargewell in a review of how commanders responded to Haditha.

• Testified that Capt. Stone's failure to investigate the incident does not constitute criminal dereliction of duty, though he "bore some responsibility".

• Believes that the incident in Haditha was a "reckless application of the rules of engagement".

Quote: "[Capt. Stone] didn't cover himself with glory ... but without being asked by his commander to do an investigation, I didn't think it rose to the level of criminal dereliction."

[Source: North County Times]

____________________________

Maj. Samuel Carrasco

Operations officer, 3rd Battalion.

• Took the allegations from the Time magazine reporter to Lt. Col. Jeffrey Chessani who angrily responded, "My Marines are not murderers. Lt. Col. Chessani apologized for the outburst and said an investigation would be undertaken.

• Testified that no one in the battalion had asked questions that would suggest the killings were anything other than combat related.

[Source: North County Times, Associated Press]

____________________________

Maj. Kevin Gonzales

Executive officer, 3rd Battalion.

• Testified that Stone was an able and competent officer who had been instructed to rely on higher-level legal affairs officers to determine when investigations were necessary. "He was not expected to take affirmative action," Gonzalez said.

[Source: North County Times]

____________________________

Capt. Randy W. Stone

The accused gave unsworn testimony in his defense.

Quote:"I have never lied and have worked at all times to assist as best I could to shed light on what I knew and when I knew it. The most frustrating thing is the reality that even looking at this whole matter through 20/20 hindsight, I know I was trying to help.
"My firm belief that there was no law of armed conflict violation was the foundation for what actions I did take as well as action I did not take."

[Source: North County Times]

____________________________

And in closing...

From the Associated Press:

Prosecutors portrayed Stone as a meek novice who overlooked the killings in an attempt to gain favor with the other Marines. In his closing argument, Lt. Col. Paul Atterbury said that Stone knew women and children were killed in their homes but that he did nothing in response.

"The battalion judge advocate has a duty to make sure his Marines do not become desensitized to the mortally bruising combat environment that is Al Anbar, Iraq," Lt. Col. Atterbury said.

Defense attorney Charles Gittins said that the prosecution's case was based on the assumption that Stone knew the killings were wrong, but that prosecutors had the luxury of hindsight. More senior Marines saw no need to investigate the deaths because they were deemed to have been a lawful consequence of combat, he said.

"He had no more knowledge about the deaths than the division commander, who was actually briefed by the battalion commander," Gittins said.

Lt. Col. Atterbury said it was irrelevant that Stone's superiors saw no need for an investigation.

From the New York Times:

The presiding officer, Maj. Thomas McCann, seemed disconcerted about the testimony he had heard from several officers, from the general in charge of the Second Marine Division down to the first lieutenant whose men killed 24 civilians in Haditha on Nov. 19, 2005. Several officers described civilian deaths as unfortunate but justifiable if they occurred during combat.

On Friday Major McCann, an experienced Marine lawyer, interjected some unsettling questions about how many civilian deaths it would take to constitute a violation of military regulations.

Alluding to Haditha, he asked, “At what point do we have to scratch our heads that we killed a lot more civilians than enemy?”

Because so many witnesses had testified that civilian deaths from “combat action” need not be investigated, Major McCann said, “I’m trying to figure out what authority they are citing.”

Maj. Carroll J. Connolly...a lawyer for the Marine regiment commanded then by Col. Stephen W. Davis, said he saw no need to investigate the civilian deaths in Haditha because they had come during combat with enemy fighters.

When Major McCann, the investigating officer, asked what the legal basis was for drawing that conclusion, Major Connolly, who was granted immunity from prosecution for his testimony, said he could not think of any.

From the North County Times:

...a prosecutor contended that Stone needed to be held accountable for failure to investigate a suspected violation of law, a suspicion that didn't arise until several weeks later when a Time magazine reporter said he had reason to believe a massacre had taken place.

"The evidence suggests he didn't do anything," Lt. Col. Paul Atterbury said of Stone. "The questions weren't asked (by Stone) of the right Marines."

The prosecutor also contended that Stone needed to serve as a moral compass for the battalion and therefore should have known to conduct at least a preliminary inquiry....

The case boils down to accountability, and Stone failed to carry out his job, the prosecutor said.

McCann also could consider additional charges of filing a false official statement for an e-mail Stone sent in late December to another Marine officer in which some of what he knew wasn't included, Atterbury contended, adding that a charge of conduct unbecoming an officer also could be levied.

Stone's attorney, Charles Gittins, said those suggestions typified the government's case, comparing the charging decision to a dartboard at which prosecutors blindly threw darts and filed criminal accusations on the basis of where the missiles landed.

"This entire case is an illusion of the truth," Gittins said during his closing argument. "This whole thing stinks -- this can't be the way the Marine Corps does business."

None of the testimony from government witnesses showed that Stone knew anything beyond the first account given by the Marines who would ultimately face murder charges in the killing, Gittins said. That account indicated that the civilians were "collateral damage" killed during the course of a combat action and no investigation was necessary.

The attorney said that if his client is guilty, legal officers and other Marine commanders far up the chain of command are similarly guilty. Three other officers, including the former battalion commander, Lt. Col. Jeffrey Chessani, face similar charges.

____________________________

So those are the facts regarding the first Haditha hearing. My prediction is that the case against Capt. Randy W. Stone will not go to a court marital. I predict that charges will be dropped sometime in June or July, after the enlisted men's Article 32s.

David Allender
Defend Our Marines

[RedRover]

Thought I’d give a “lay of the land” report.

This coming week should be quiet. The Chessani hearing is still tentatively scheduled for the 30th, but there’s wrangling over classified material so it could get delayed again.

Camp Pen only confirmed the Capt Stone hearing a couple days in advance. So we may not know for sure about the Chessani hearing until it’s upon us.

Brian Rooney, Chessani’s lawyer, is a brawler, so I expect he’ll be in the media before the hearing.

I haven’t heard about witnesses yet except that photographer Lucian Read is supposed to testify.

My hunch is that the prosecution intends to portray Lt. Col.Chessani as a weak battalion commander. Some Leftist journalist visited the Marines before the incident and said the atmosphere at the Kil Co. base was like “Lord of the Flies”. Lucian Read (among others) will refute that.

It’s likely that some of the same witnesses from the Capt. Stone hearing will reappear, but I haven’t gotten any scuttlebutt yet.

[Girlene]

Thanks for keeping us up-to-date, Red. Looking forward to hearing more from Brian Rooney, fo’ sure.

It’s curious about Lucian Read testifying. He was not in Haditha on the day of the incident, but did take picutres of the bodies, I think the following day. I guess he did spend a fair amount of time with the 3/1 Marines, so would have something to say about their general attitude in Haditha, maybe?

[lilycicero]

Thanks for keeping us posted with the scuttlebutt:)

I bet you would look daring in uniform.

[jazusamo]

Thanks for the update, Red, appreciate it.

[RedRover]

Are you sure that Lucian Read took pictures of bodies? I hadn’t heard that (or, if I did, I forgot it).

Lucian Read was with Kilo Co. before and after and I believe he’ll be asked about morale, discipline, and what he observed of the accused’s behavior.

He’s said he doesn’t believe the charges. (A CNN embed said the same thing.)

I’m not sure how much weight his testimony will carry as prosecutors will say he “went native” to be part of the squad.

[Girlene]

Yes, Lucian Read did take pictures of the bodies. Here’s an article he wrote, with some of his pictures, after Haditha incident was termed a massacre. It’s actually a very good read. “In Haditha, by Lucian Read, July, 2006.

http://www.digitaljournalist.org/issue0607/in-haditha.html

[4woodenboats]

That was a good read, Girlene. I'd think his testimony to the mindset of the accused in the days after the battle would be relevant.

No one was acting like murderous berserkers, because they weren't. Just Marines doing their job in as level headed manner as could possibly be expected.

[Girlene]

Yes, it was. And after reading the article, I would say he has a lot to say about the character and mindset of these Marines from being embedded with them for so long.

[RedRover]

Thanks, Girl! I printed out the article and will read over lunch.

I actually wasn’t paying so much attention to the Haditha story in the summer of 06. So many other people were that I figured I could do something else.

It was only when attention started to wan, after the plea deals in Hamdania were announced, that I got onboard.

[lilycicero]

So Lucian Read and “Ryan” Briones took pics the same day?

[Girlene]

Briones took pictures that day of the bodies in the houses, I think. Lucian Read went back on Nov. 21 and took pictures of the bodies in their burial “shrouds” (white sheets) after they were brought back from the morgue. A couple of Iraqis asked for him to take the pictures when a patrol stopped in the neighborhood. The way he writes the article, the interaction was not confrontational (at that point) from either the Marines or Iraqi’s viewpoint.

[lilycicero]

Sorry I missed that big detail of the days of photos being taken. I dug up an old story about Briones and it said he was “ordered” to take the photos. I didn’t see it, but do you happen to know who “ordered” him to take the pics? He just happened to have a camera on him, so does that mean it is not a normal thing for pics to be taken after every attack?

[Girlene]

I don’t know who ordered Briones to take the pictures. I remember reading somewhere where the Iraqi govt began requiring photos of Iraqis killed and any weapons involved, but don’t know when this requirement started. Maybe it was simply that someone who had a camera handy became an on-scene photographer because of how hectic the day was with various skirmishes? Not sure.

[lilycicero]

"He (Briones) said he erased the digital photos he took at the scene after first providing them to the Haditha Marine command center. He said Navy investigators later interrogated him about the pictures and confiscated his camera."

Guess these weren't required if he erased them.

[Girlene]

You know, lily, I’m starting to wonder if either of the two Marines who claimed to have taken photos were ever ordered to do so. These two Marines claim they were ordered, it’s never been confirmed by the Marines. Briones had quite a few legal problems to deal with the day he came back stateside. How convenient to latch on to the Haditha PTSD defense. We don’t know if he even took any photos, since he said they were erased.

But someone did. Someone e-mailed one of these photos back stateside.

The other guy also claims he was ordered, thought it was really bad, and turned over whatever he had to investigators later. I’m wondering if this “being ordered to take photos” business is just CYA for the fact that they got caught with personal photos of the dead and were emailing them back home and sharing them.

Here’s the latest on Briones from the Hanford Sentinel, April 11, 2007. He was sentenced to two years, and ordered to pay $110,000 restitution for the damages he caused in April, 2006. http://www.hanfordsentinel.com/articles/2007/04/11/news/daily01.txt And now he’s got even more troubles.

From the article, ...” Hours later, Camp Pendleton officials formally released a slew of charges against Briones, which include rape, stealing government property, and three other violations of the Uniform Code of Military Justice, said Marine spokesman Cpl. Alec Kleinsmith.

The sexual assault charges originate from the purported rape of a young woman near Camp Pendleton in July 2006. Briones, 21, is also accused of mailing firearms during a tour of duty in Iraq, and deceiving the U.S. Postal Service in the process.

During that same tour of duty, Briones allegedly stole government-issued optical equipment worth approximately $3,800, Kleinsmith said. “

And finally, from the article, ...”Camp Pendleton representative Lt. Esteban Zickers said Briones is not on the witness list in the trials of the Marines accused of carrying out the killings.”

Wonder why, if he was allegedly part of the reporting process and could describe what he saw and supposedly took photos?

[lilycicero]

Let me take a moment to admire your work....WOW!

[RedRover]

Wonder if any of this ties in to Lt. Grayson’s charges? He was an intelligence officer. I don’t know about the intelligence structure, but assume (maybe wrongly) that he reported to Capt Dinsmore.

If memory serves, NCIS accused him of failing to turn over photographic evidence.

It makes more sense for civilian affairs (Maj. Hyatt) or the S-2 (Capt Dinsmore) to be involved with picture taking than random low level Marines.

There was a detail in the reporting of Hyatt’s testimony that they ran out of body bags and had to use trash bags instead. No mention of who was doing the bagging.

[Girlene]

If there was photographic evidence “missing” that Briones took, and it’s related to Grayson’s charges, then why wouldn’t Briones be called to testify? Brione’s testimony isn’t looking to trustworthy at this point. But they still have the other guy. Weren’t there pictures also taken by intelligence officers? I’m still wondering if either guy was an “official” photographer at the scene. Could be some CYA at this point. I read somewhere where Briones (I think) was questioned in Iraq by NCIS on whether he had “staged” or “modified”, or something to that effect, his photos. Huh?

[peod]

Hiya, ticked! Happy to see you made it!!!

[Girlene]

Getting back to looking into the photos taken by two Marines, the day of Haditha. This article has some interesting info on the two from their families. “Families Discuss Haditha Deaths”, dated May 30, 2006.
http://www.military.com/NewsContent/0,13319,98981,00.html?ESRC=eb.nl

Summarizing, the families say the 2 Marines, Lance Cpl. Andrew Wright, 20, and Lance Cpl. Roel Ryan Briones, 21, were ordered to photograph the corpses, they’ve been traumatized ever since, and the events remain seared in their memories. Brione’s mom, Susie, said NCIS had confiscated his camera; Wright’s parents wouldn’t say what happened to Andrew’s photos (wonder why?), but that he turned over all info to the Navy. Wright’s parents go on to say Andrew is “the Forrest Gump of the military” and that he “ended up in the spotlight through no fault of his own”.

“Ryan Briones told the Los Angeles Times that Navy investigators had interrogated him twice in Iraq and they wanted to know whether bodies had been tampered with. He turned over his digital camera but did not know what happened to it after that.” Tampered with?

In this second link from WaPo, “Marines’ Photos Provide Graphic Evidence in Haditha Probe”, dated Jan. 7, 2007
http://www.washingtonpost.com/wp-dyn/content/article/2007/01/06/AR2007010601359.html

...”The images — which investigators tracked down on several laptop computers and digital media drives, some in the United States — provide visual evidence of a series of shootings outside a taxi and inside three homes”...

...”the Haditha images were discovered months after the shootings as more than 60 Naval Criminal Investigative Service agents scoured the globe for them.”.....

Investigators allegedly found images on laptops shipped back to the US, deleted from a memory drive, and e-mailed back to a civilian in the US. It doesn’s say how many Marines were involved in having these photos. But now Andrew White says he “decided to hold onto the photographs to make it certain that officials would have a clearer view of what happened that day..... Wright, who arrived on the scene after the violence to care for the bodies, took photographs of the dead and kept a full set.”

“”I decided that it was in my best interest to obtain the photos I had taken that night,” Wright told investigators. “Even though there was no investigation at the time, I felt that the photographs would be evidence if anything came up in the future. In my opinion, the people that I photographed had been murdered.”

Hmmmmm. So was White ordered to take photos or not? Who e-mailed the photos to a civilian in the US? Did Wright ever turn these photos over to the intelligence officers at the time, or did he just take and keep them for his own personal reasons? The prosecution isn’t calling Briones to testify; wonder if they’ll call White to testify?