SECNAV Boots Two Sergeants for Lying At Haditha Court-Martial

Neal Puckett ^ | 4-20-2012 | Neal Puckett

[smoothsailing]

April 20, 2012

SECNAV Boots Two Sergeants for Lying At Haditha Court-Martial

Neal Puckett

Navy Secretary Ray Mabus has ordered administrative separation processing of two squad members who testified against SSgt Wuterich in January and admitted lying to NCIS and on the stand about the November 2005 shooting deaths of 24 Iraqi civilians in Haditha. 

During the January 2012 court-martial of the squad leader, SSgt Wuterich, Sgt’s Humberto M. Mendoza and Sanick P. Dela Cruz testified on the stand that they lied to NCIS during the investigation, the Article 32 investigations and withheld information.  Their motivation to do so was unclear, even as Mendoza attempted to say he didn’t tell the truth because he was protecting his men. 

SECNAV sent an April 19, 2012 letter to Commandant General Jim Amos stating “such conduct is wholly inconsistent with the core values of the Department of the Navy.”  SECNAV directed the Commandant to “immediately initiate administrative processing … for administrative separation is in the best interest of the service.”

The government presented the two Sergeants and two other members of the squad who had separated from the Marine Corps as witnesses against SSgt Wuterich in an attempt to focus the responsibility of the civilian deaths on the squad leader.  The fact that Dela Cruz and Mendoza had provided the same testimony at an Article 32 Hearing and were in fact, proven to have been lying at the hearing, didn’t seem to bother the prosecutors as they built their case against SSgt Wuterich on that testimony.  

At what point does the Marine Corps owe an apology to the public and to the former SSgt Wuterich, now a civilian, for building a case against him based on proven perjury?  SECNAV’s directive to ADSEP the two Sergeants is the first step.  Neal Puckett, his lead defense counsel, hailed this move as true justice in a case fraught with injustice for nearly six years.  He wonders what this means for the prosecutors who were told by NCIS agents that one of the Marines, then Cpl Dela Cruz, lied during interviews after his charges were dismissed, yet persisted in sponsoring his testimony at the 2007 Article 32 hearing and 2012 trial of SSgt Wuterich.  

Read the News Article here.

[G Larry]

“Their motivation to do so was unclear”

Here’s how that works in similir situations:

The troops are told “Command want results and the political heat off!”
“We’re looking to you to make that happen!”
“Any questions?”

No need to mention any positive or negative incentives.

[The Sons of Liberty]

I've always known that the members of our Armed Forces are held to a higher standard than the two-bit politicians in the legislative, executive and judicial branches. They serve, not for self aggrandizement or power, like the politicians, but for love of country.

[Turbo Pig]

I’ve never - not a single time in my 26 years of active and reserve service as a JAG - seen a UOTHC upgraded to an Honorable, except on the basis of newly discovered evidence pointing to the innocence of the accused.

Good point. My perspective my be a bit scewd. I saw it happen twice in 10 years. Of course as you say new evidence was presented in both cases. Hmm, maybe I should have picked a better crowd to hang around...all these guys I knew getting in trouble..YIKES :-)

[Valentine Michael Smith]

No one should be punished for perjury in this country after the media, congress and the people let Bill Clinton off scot free. If I was on a jury in a perjury trial I would never vote to convict.

[tarheelswamprat]

ping me when Col. Sean Sullivan receives some form of punishment. Until then, this is just CYA posturing by the Brass to divert attention from their own malfeasance. These guys are indeed despicable, but they were led and used by the prosecution to get the others.

[smoothsailing]

ping me when Col. Sean Sullivan receives some form of punishment.

I would be delighted to do so, Sullivan is a detestable weasel.

[jagusafr]

I dunno - sounds like you’re in the “in a world of blind men, the one-eyed man is king” scenario! Gotta stay positive! Have a good weekend.

Colonel, USAFR

[Girlene]

Agree, tarheelswamprat.

I have a sneaking suspicion if SSGt Wuterich had been convicted based on their testimony, nothing would have happened to these two Marines.

[Semper Fi Mom]

Thanks for posting this. Needless to say these two “scumbags” deserve nothing less than a dishonorable discharge and loss of all benefits. They lied to save their own asses and made life a living hell for 6 years for our family.

[tarheelswamprat]

Yes, the government was determined to get somebody’s scalp to save face.

[Velveeta]

Good on ya, Mr. Puckett!

[amom]

Thanks to each of you for responding to my question regarding types of discharge and benefits.

jafusafr: "...it’s unlawful command influence for SECNAF to direct an administrative discharge - that’s the decision of the unit commander, to be acted on by the Special Court Martial Convening Authority. As a former military defense counsel, I’d have a ball with the procedural aspects of that case. “Two wrongs don’t make a right” is perfectly applicable here..."

Noted. Thank you.

[amom]

Note to self.

This is the same Navy Secretary who decided to stick to his decision to “Name Warship for Murtha Despite Protests”.

http://www.military.com/news/article/ship-to-bear-murtha-name-despite-dissent.html

Navy Secretary Ray Mabus.

[smoothsailing]

Absolutely, Mom. I hope they get the max.

Since it’s an ADSEP, I believe the best we can hope for is a General Discharge Under Other Than Honorable Conditions and forfeiture of all benefits. It will serve them right, even though they deserve worse.

As always, all the best to you and yours. :)

[smoothsailing]

.

[amom]

Grrrrrrr.