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News from Monday's hearing (Special Agent Mannle is back!)...

Testimony centers on rules of engagement in Haditha case, North County Times, July 23, 2007

CAMP PENDLETON -- Marines accused of killing 24 Iraqis in the city of Haditha might not have been taught that they could get into trouble if they helped a fellow Marine break the rules about who to shoot, a platoon sergeant testified Monday.

The last thing the Marines should worry about "is if you are going to be charged later on," said Staff Sgt. Travis Fields. "Not knowing when to shoot could become a problem."

Fields was the platoon sergeant for Lance Cpl. Stephen Tatum and two other Marines accused of violating the laws of war in the civilian shootings, which came after a roadside bomb explosion killed a fellow Marine. In the chaos, Tatum and other Marines headed into nearby homes in search of insurgents.

Tatum has spent the last week in a Camp Pendleton courtroom at a hearing to determine whether he should face trial on charges of negligent homicide and unpremeditated murder in the deaths of six of the Iraqis, including three children who appear to be under the age of six.

Prosecutors say Tatum knew he was shooting women and children when he entered the back room of a Haditha home on Nov. 19, 2005.

Attorneys for the accused Marines from Kilo Company, with the 3rd Battalion, 5th Marine Regiment say the troops were the target of enemy gunfire right after the explosion.

On the stand, Fields testified that the rules about when Marines may open fire became less restrictive during the time of the company's seven-month stay in Haditha. Military brass told Marines in Haditha -- a hot bed of insurgency at the time, according to testimony -- that they no longer had to fire warning shots, but rather were allowed to shoot to kill in hostile situations, Fields said.

Also taking the stand Monday was the NCIS case agent in charge of the Haditha investigation. Special Agent Nayda Mannle testified that officials at NCIS headquarters in Washington D.C. rejected a request by her and others -- including a military prosecutor -- that they be allowed to tape their interviews with the accused Marines.

Mannle said her bosses denied the request because earlier questioning had not been taped and "they did not want any inconsistencies."

Mannle also said the families of the victims refused to allow investigators to exhume the bodies for autopsies.

"To them, it would be too emotionally difficult to do that," Mannle said. She also said family members feared "their lives would be in danger" from insurgents if they helped the Americans in the investigation.

"they did not want any inconsistencies."

This is astonishing, what about the inconsistencies of the written statements and the testimony of the NCIS agents? An audio tape is not inconsistent. I know what they're getting at but just because they started out screwing up doesn't mean they should continue to do so.

Mannle also said the families of the victims refused to allow investigators to exhume the bodies for autopsies.

Fine! No bodies or physical evidence, no charges. That's how it should be.

Mannle said her bosses denied the request because earlier questioning had not been taped and "they did not want any inconsistencies."

Ha ha ha ha ha ha ha!!!!!!! That was funny!!!!! Surely, she didn't say that with a straight face. Hey, NCIS agents don't have to be sworn in do they? If not, they can say anything in that courtroom.

Let's fix that: "they did not want any inconsistencies." should be they did not want to explain why the interview statements didn't match the actual words of the accused Marines. Much easier to make stuff up. I wonder if NCIS SA Mannle named who the officials at NCIS were who denied her request? Is this why Sec. Navy Winters won't allow investigations into NCIS? Who could he possibly be protecting?

On the stand, Fields testified that the rules about when Marines may open fire became less restrictive during the time of the company's seven-month stay in Haditha. Military brass told Marines in Haditha -- a hot bed of insurgency at the time, according to testimony -- that they no longer had to fire warning shots, but rather were allowed to shoot to kill in hostile situations, Fields said.

If they document that, this case should be over. (It should be over anyway.)

This is not the first time I've read this. Early on in this affair, I read that the ROEs were "tightened" AFTER the event. Now I hear that they were "loosened" before Haditha.

Document that.

Ask whoever loosened them why they were loosened.

On the stand, Fields testified that the rules about when Marines may open fire became less restrictive during the time of the company's seven-month stay in Haditha. Military brass told Marines in Haditha -- a hot bed of insurgency at the time, according to testimony -- that they no longer had to fire warning shots, but rather were allowed to shoot to kill in hostile situations, Fields said.

Unbelievable !! "Military brass told Marines they no longer had to fire warning shots in hostile situations"
If there was any doubt that this entire debacle is orchestrated and run by the REMFs and Political Mavens in DOD this puts that to rest.

"they did not want any inconsistencies."

This whole farce is nothing BUT inconsistancies.

Whoa! Has she forgot her previous statements that she was not able to find a tape recorder and that's why she didn't use one?

I think another NCIS recorded her saying that.

Also, I believe the official reason given for no exhumations was on religious grounds - now it comes out that the insurgents are the reason there are no exhumations?

There is potential exculpatory evidence in the ground and we're not digging it up because our enemies don't want us to?

Good grief, when it comes to show trials, the Nazis didn't hold a candle to NCIS and Marine prosecutors - WTF! WTF! WTF!