Haditha-Forensic Evidence-The Truth will exonerate My Son

Our son, L/Cpl Justin Sharratt is not a murderer. The media refuses to report the truth about what happened in Haditha on 19 November 2005. The media has blatantly ignored the truth as to what happened in House 4 where 4 Iraqi men were killed. Our son followed his ROE, used his Marine Corps training and survived a firefight when he used lethal force in House 4.

Detailed and scientific testimony by two government witnesses, Lt. Col Elizabeth Rouse and NCIS Agent Mark Maloney, showed the forensic evidence disproves all accounts of murder in House 4.

The Lt. Col testified that her forensic evidence and pathology investigation shows that the shots fired by Marines in House 4 were not at close range. The shots were fired from a distance exceeding 24 inches, 2 feet to infinity. This disproves the Iraqi fairy tale that the Marines herded the 4 Iraqi men into a room and executed them. The Iraqi relatives fabricated this story to illicit Solatia payments (blood money) for the deaths of their kin.

NCIS Agent Mark Maloney provided a total and truthful forensic reconstruction of the events in House 4 where the 4 Iraqi insurgents were killed. Agent Maloney’s statement that the Marines’ testimony about the events in House 4 was “not entirely truthful, nor entirely false” formed the basis of Agent Nyada Mannle’s charge sheet. Agent Mannle believed the coerced testimony of the Iraqi conspirators rather than the testimony of my son, Justin Sharratt and SSgt Wuterich.

NCIS Agent Mark Maloney presented forensic evidence that showed L/Cpl Sharratt shot the first two insurgents while reacting to a hostile threat. The first insurgent was killed when he pointed an AK47 at Justin in the doorway of the bedroom. When his fully automatic SAW jammed, Justin shot the first insurgent with a 9mm service pistol. Blood stain patterns and the position of the Iraqi showed he was not executed, but died from a head wound while attempting to fire at Justin. This evidence verified L/Cpl Justin Sharratt’s account of this first encounter.

The second insurgent was shot after he raked his AK 47 for firing and pointed the weapon at L/Cpl Sharratt. Justin fired his 9mm at the Iraqi, striking him in the cheek, possibly the abdomen and middle finger of his left hand. The forensic evidence verified this second encounter but was weak in the detection of the abdomen penetration. The pictures of the dead insurgent verified the head wound and finger wound but was not positive for a shot in the abdomen. Defense attorneys argued that the pool of blood located around the insurgent’s chest cavity was evidence of a wound typical to an upper abdomen penetration. Niether Rouse nor Maloney could rule out this explanation but confirmation was not positive.

The death of the third insurgent was the fog in the House 4 encounter. Agent Maloney testified that blood stain patterns showed the man died in a corner of the bedroom next to a closet(amoire). Agent Maloney theorized the man was crouching in the corner when he was shot. Defense attorney Gary Meyers cleared the fog by explaining the order of events. Attorney Meyers and Agent Maloney agreed the bedroom was “rather” dark because the window curtains were closed. Gary Meyers stated that the third Iraqi was moving across Justin’s line of sight while trying to retrieve a 3rd AK 47 which was hidden in the closet( amoire.) Prior testimony by the Iraqi patriach of the household provided details that he had hidden the AK 47 in the closet(amoire). A 3rd AK 47. As the third insurgent moved toward the hidden AK, L/Cpl Justin Sharrat fired 4 shots at the man. His first shot missed and penetrated the closed curtains where they overlapped in the middle and exited through the window. NCIS Agent Mark Maloney agreed they had laser line bullet trajectory evidence tracking this first shot. NCIS had 3 points of contact to verify the path of the bullet. A second 9mm bullet missed the moving insurgent and lodged in the wall. This bullet was recovered and laser line evidence verified it was fired by Justin from his static position. The third round fired from Justin’s 9 mm struck the open closet door , where the insurgent was trying to get to the 3rd AK 47. The bullet penetrated the door, inside to outside, and struck the third insurgent in the abdomen. With the closet door(amoire) fully opened, a fourth bullet struck the insurgent in the head as he slumped into the corner. NCIS Agent Mark Maloney verified the third and fourth bullet trajectories. Agent Maloney testified his major concern in the investigation was the penetration of the closet door from inside to outside, entry and exit path. He agreed that the defense explanation of the third bullet matched a laser line path. In his sworn testimony, Agent Maloney said the pattern of events presented by the defense fully explained the encounter in the bedroom. Agent Maloney’s forensic reconstruction fully supported this chain of events.

Although the fourth insurgent was not a factor in the Sharratt case, Attorney Meyers followed through with his cross. While L/Cpl Sharratt was firing at the third insurgent, a fourth man was also trying to get to the closet. With his 9mm empty, Sharratt yelled “I’m out” and ducked behind the doorway to try to clear his SAW. SSGt Wuterich assumed Justin’s firing position and fired two rounds at the fourth insurgent while he was in the closet trying to retrieve the 3rd AK 47.

Attorney Gary Meyers’ rendition of the House 4 events was concise and specific. NCIS Agent Mark Maloney testified the forensic reconstruction verified this conclusion to be the most probable, likely and supportable scenario. Agent Maloney’s only caveat to the testimony was that his forensic reconstruction came some four months after the event and could not be exact. Everyone in the courtroom knew the defense had presented the most accurate reconstruction as to the events in House 4. The prosecution knew it too, they had no re-direct.

I must apologize to the readers of FR for the length and detail I have provided in this article. I felt this was needed to show what the media refuses to print. This forensic evidence shows that my son, Justin Sharratt and SSgt Frank Wuterich were truthful in their account of what happened in House 4. It proves they followed the ROE, used their military training and survived a life and death encounter with four insurgents.

Family: Marine will be cleared, South Bend Tribune, June 16, 2007.

Five days after a hearing began at Camp Pendleton, Calif., for a former Granger resident -- who faces murder charges in a 2005 squad action that killed 24 Iraqi civilians -- his father feels nothing short of elated.

U.S. Marine Lance Cpl. Justin Sharratt, who graduated from Penn High School in 2003, faces three counts of unpremeditated murder stemming from the controversial Nov. 19, 2005, killings in Haditha. He was one of eight Marines to face charges in the civilian deaths.

But after hearing testimony during this week's Article 32 hearing -- which began Monday and was expected to end Friday, with this upcoming Monday also remaining open -- father Darryl and mother Theresa Sharratt couldn't be more confident that charges against their son will be dropped. Sharratt's hearing initially was set for April but was postponed until this month.

"Everything shows that Justin should be exonerated," Pennsylvania native Theresa Sharratt told The Tribune Friday morning from her hotel room in the Camp Pendleton area.The Article 32 hearing is similar to a probable cause hearing in civilian court. Darryl Sharratt said that after the hearing, investigating officer Lt. Col. Paul Ware is supposed to present a report to Lt. Gen. James Mattis, who decides whether to drop charges against Sharratt or proceed to a court-martial. If convicted, Sharratt could face life in prison.

"The military justice system is a slow-moving animal," Darryl Sharratt said before Friday's hearing, "and it could be days, it could be weeks or months until we truly find out the disposition of this case."

Sharratt, 22, on Thursday gave an unsworn statement -- after which he could not be cross-examined -- in which he acknowledged shooting several men, including one in the head, according to the Associated Press.

Sharratt's statement followed testimony by former Lance Cpl. Trent Graviss, who said the Marines were not under machine-gun fire from insurgents when they committed the killings, the Associated Press reported. U.S. Rep. John Murtha, D-Pa., last year also alleged that the Marines had acted "in cold blood."

The incident started when a roadside bomb exploded and killed a Marine. Aside from Sharratt and two others who are charged with murder (prosecutors dismissed charges against a fourth enlisted man), four officers are charged with dereliction of duty for failing to investigate the killings. But sister Jaclyn Sharratt, who lives in Chicago and could not attend her brother's hearing this week, said several witnesses have argued that the three Marines charged with murder were under attack, contrary to Graviss' testimony, and that the Marines responded as they were trained to do.

"You have to stay positive in it no matter what," Jaclyn Sharratt, 25, said, "and our attorneys are doing so wonderful."

Darryl Sharratt on Friday said forensic evidence introduced this week by Air Force Lt. Col. Elizabeth Rouse and Naval Criminal Investigative Service Special Agent Michael Maloney proved his longtime conviction: It did not appear that the three men Sharratt is accused of murdering in an Iraqi home were killed at close range, and the bullets he fired fell exactly where he had testified in his statement.

"We are very happy about this testimony," Darryl Sharratt said. "The two forensics evidence showed that the Marines did not lie about what happened."

The Sharratt family's defense counsel in the largest U.S. criminal case of the Iraq War includes civilian attorney Gary Myers and Maj. Brian Cosgrove. The family set up a Web site filled with photos and blogs months ago in support of Justin Sharratt.Coney Express in Mishawaka also is collecting donations for the former Granger resident. The eatery has gathered a little more than $250 during the past month or so, said 21-year-old Jamie Bonder, who graduated with Sharratt from Penn High School and whose mother, Marilyn, owns the restaurant.

"Very relieved," Jamie Bonder said of how this week's hearing has turned out. "I've been keeping up in the readings. ... I've been very happy with what they've said so far."

This is a farce and Tim McGirk and John Murtha and their enablers within the Marine Corps need to be severely punished for bringing this about.

Truer words have n'er been spoken, ant.

I'm hoping we can play a role in that. It's important for everyone to realize the significance of the words of the investigating officer on Friday:

"What the evidence points to is that the version of the Iraqis isn't really supported," [Lt. Col.] Ware said.

Remember "the version of the Iraqis" was the basis for the Time magazine article and for everything subsequently that Congressman Murtha said.

I would also point out that Darryl Sharratt (hideously enough) is actually a constituent of Murtha's. Darryl had asked repeatedly for a meeting with Murtha and was just as repeatedly brushed off by Murtha's office.

The charges against Justin have not been officially dropped (and may not be for weeks) so we have time to strategize.

Darryl is one pissed-off American who wants to take on Time magazine, Wolf Blitzer, Chris Matthews, Murtha, etc., etc. We have time to figure out a plan so I hope we can strategize. Legal exoneration for our Marines, at this point, is not nearly enough.

There are plenty of Freepers a whole lot smarter and better experienced than me so I'd be grateful for anyone who can help.

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