Posted on 06/20/2007 3:06:06 AM PDT by RedRover
SAN DIEGO (AP) - The Marines should pursue a less serious administrative charge against a captain accused of failing to probe the killings of 24 Iraqi civilians because he was "selectively singled out" for prosecution while more senior officers escaped charges, an investigating officer said.
Capt. Randy W. Stone, 34, who is a lawyer, was charged with violation of a lawful order and dereliction of duty for failing to report and investigate the 2005 deaths in the Haditha assault. He faced up to 2 years in prison if convicted of those charges at court-martial.
After reviewing evidence at a preliminary hearing last month, Maj. Thomas McCann recommended that the criminal charge be dismissed. But he also recommended that prosecutors draw up a new charge of failing to obey an order.
In a report obtained by The Associated Press on Tuesday, McCann wrote that Stone was "derelict in the performance of his duties," and negligently failed to inform his bosses that the way the Iraqis were killed posed a "possible use of force issue."
McCann recommended the new charge be handled administratively. Non-judicial punishments for officers can include forfeiture of pay and an official admonition.
Stone's attorney, Charles Gittens, did not return several phone calls seeking comment, but in a written response to McCann, he said the recommendation for a new charge was unfounded.
"It took the investigating officer five pages of tortured reasoning to manufacture this highly implausible theory of criminal liability," Gittens wrote.
McCann's recommendation for a new charge is nonbinding. A final decision will be made by Lt. Gen. James Mattis, the commanding general overseeing the case who will also decide whether to dismiss the other charges.
Many of those killed were women and children, who died when Marines threw hand grenades into bedrooms then opened fire with machine guns. Three enlisted Marines charged with murder in the case say they were clearing homes the way they had been trained.
Another face saving attempt by the persecution. Not enough liars to make this Me Lie 2.
Pray for W and Our Heroic Marines
Maj. McCann, DROP THE DAMN THING ALTOGETHER.
I do detect a certain familiar odor emanating out of CTC's PR, one I haven't smelled since the Toon inspired "new economy" days of billion dollar valuations of companies that have never sold a product.
It reads like a penny stock prospectus.
If anyone knows how to pull up voter donations in PA, I could run some names I'm curious about through it later tonight.
Gotta get back to work for now.
Under UCMJ Art 32 an investigating officer finds evidence that “the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused having first been charged with the offense . . .” The IO is responsible for investigating the matter and reporting his recommendations.
Hope this helps.
yojoe
And when the charges are dropped, the trouble makers who stirred the pot should be held accountable for their grotesque opportunism.
Thanks, yojoe. That sounds like it leaves the investigative process wide open without the defense possibly being able to give any input on the new offense.
I don’t know what all is in this. I can’t read. I’m too pissed at Conway for doing a murtha.
http://www.usdoj.gov/criminal/npftf/pr/testimony/2007/03-20-07sabin-testimony.pdf
New leak from Pendleton
Courtesy of Open Secrets...
Concurrent Tehnologies employees donated $56,475 to Murtha since 2002 (including about $9000 total from Mr. Devos and his wife)
CTC employees donated $17,000 to Murtha since 2002
(CTC is the same as Concurrent Technologies)
www.opensecrets.org
Bingo. See anything from Kim W Kunkle, Bruce E Duke III, or James L Dewar?
Perhaps general Mattis has handed down some private comms to the IO, that in effect warn them of unfair conclusions based on the shabby and in some cases dishonorable activites by the NCIS and other investigative agents.
Nothing for Duke or Dewar but over $10,000 total from Kim Kunkle. A total of $20,000 has been contributed to Murtha from various Kunkles from Johnstown PA since 2002. Will continue to dig...
Kunkle, DeVos, Duke, Dewar all directors @ Ameriserve.
I don't know where/if it'll lead, just know that when someone's pockets are overflowing with illicit kickbacks, someone has to hide it for 'em.
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