Lawyer: Man at center of slaying allegations did nothing wrong [Fallujah 04]

NORTH COUNTY ---- An Ohio attorney representing a former Marine who has alleged that members of his platoon shot and killed eight Iraqi prisoners of war in 2004 declined to discuss specifics of the incident Friday, but did describe his client as a hero.

The attorney, former Marine Paul Hackett of Cincinnati, said that former Cpl. Ryan Weemer from Camp Pendleton's 3rd Battalion, 1st Marine Regiment did nothing wrong during the fight for the insurgent-riddled city of Fallujah, where the prisoners were allegedly killed.

"He's an American hero who demonstrated incredible valor at the request of his country in Iraq while protecting the lives of his fellow Marines," Hackett said during a telephone interview. "He did it with honor, without complaint and he literally shed blood for his country."

Weemer, who has refused requests for interviews, was shot and wounded by insurgents in Fallujah two days after the alleged POW incident that took place on Nov. 10, 2004.

Weemer was linked to an ongoing investigation of the incident earlier this week when Nat Helms, the author of a book on the Fallujah battle, said the 24-year-old Kentucky resident described the shooting during an interview last year.

According to Helms, Weemer first disclosed the alleged slayings during a routine polygraph examination as part of a job application for the Secret Service, which in turn notified the Naval Criminal Investigative Service of what Weemer had said.

Hackett said Weemer has yet to speak with agents from the civilian law enforcement agency. He also said he does not believe any criminal charges will result because of the lack of forensic evidence or any complaining witnesses.

"I don't think it should be further investigated," said Hackett, who served in Iraq in 2004 and ran an unsuccessful campaign as a Democrat for an Ohio congressional seat in 2005.

Hackett would not speak about the veracity of the story attributed to Weemer, but spoke at length about the difficulties and split-second choices that front-line troops are often forced to make.

"There are some decisions made in battle that are not perfect and are not right," he said. "But ultimately, I would ask every American who wants to second-guess the decisions of their young men fighting in Iraq and Afghanistan if they would rather have their sons come home in a body bag.

"There is a textbook answer for right and wrong that doesn't always translate to the real world."

Hackett also said Weemer is "appropriately concerned" about the story he has told being made public.

Helms' version of the story was posted on the Web site, DefendOurMarines.com on Monday, three days after the investigation was first reported in a North County Times story.

The newspaper's story was confirmed Monday by a spokesman for the Naval Criminal Investigative Service who said that agents had been investigating the matter based upon "credible allegations of wrongdoing."

According to Helms' account of interviews with Weemer and other Marines who were in Fallujah, the suspected insurgents were being held in an abandoned house after being captured during combat. The house was subsequently destroyed by U.S. bombs after the Iraqis had been shot.

About 20 current and former Marines have been interviewed. Several have been read their rights and some have hired attorneys, according to sources with knowledge of the investigation.

Lt. Col. Willard A. Buhl, commander of the battalion at the time of the alleged killings, declined to comment on the investigation Friday.

"I like to let the justice (system) work itself through procedurally," Buhl told The Associated Press.

Gary Solis, a Washington-based military law expert who spent more than two decades as a Marine Corps lawyer, including stints at Camp Pendleton, said the case presents a dilemma for the Marine Corps.

"First of all, there is no statute of limitations on war crimes or murder, so a prosecution is always possible," Solis said during a telephone interview. "But the further away in time from the event, the more difficult a prosecution becomes because recollections are no longer fresh and you won't have any physical evidence."

Solis, who teaches military law at Georgetown University and gives lectures around the world on the subject, said the Marine Corps has two choices to make at the end of the investigation should there be sufficient reason to believe that a crime was, in fact, committed.

"There apparently is evidence that it occurred, which calls for a prosecution," he said, adding that "any prosecutor would know going in that it would be a very difficult case to prove.

"On the other hand, the Marines could be accused of a cover-up if they don't pursue the case," he said.

The Fallujah probe is one of three Iraqi death cases involving Camp Pendleton troops. Eight men from the 3rd Battalion, 5th Marine Regiment were charged in June 2006 with the abduction and slaying of a retired Iraqi policeman in Hamdania.

In December of last year, eight men from the same battalion involved in the Fallujah probe were charged with crimes arising from the deaths of 24 civilians in the city of Haditha. Four officers were charged with dereliction of duty and four enlisted men were charged with murder. Charges were later dropped against one of the enlisted men in exchange for his testimony during ongoing court hearings at Camp Pendleton.

It seems like we are going to continue to hear about Marines and Soldiers being charged with crimes which are not crimes.
How could anyone even dream about inventing any charge against a US Soldier or Marine that had to fight in the first or second (and obviously the real bloody one) battles of Fallujah.
Something tis not right. The enemies within. There is no other way to look at it.

Something tis not right. I agree, Marine Uncle. From Nathaniel Helm's article,

A senior Marine officer familiar with both the Fallujah allegations and the Marines under suspicion labeled the investigation a "fishing expedition." All of the Marines being questioned are decorated warriors who have been repeatedly identified as among the finest infantrymen in this country.

The senior Marine officer opined that NCIS is more interested in discrediting potential witnesses for the defense in the Haditha case than determining if multiple murders were committed by 3rd Platoon Marines at Fallujah. The Haditha case is receiving international attention as well as a focal point in the Pentagon’s latest campaign to get American warriors to play by the “new” rules. No doubt the Fallujah allegations will ignite more of the same reaction. The Iraqis who instigated both fights intended it to be that way.

“There is no crime scene, no victims, no bodies, and no witnesses except the unsubstantiated allegations of one and possibly two Marines. Until they told NCIS there wasn't even a report of a crime," the officer said. “Who does this serve?”

That's a question that I would like answered, "Who does this serve?"

It serves the biased media and the anti-war, anti-American yahoos who would like nothing more than to see us fail. They keep grasping at straws trying to find some kind of My Lai to shame our country into pulling out of Iraq. They tried with Abu Ghraib. When that didn’t work, they tried with Haditha. Since that’s not going as planned, they’ve latched on to another incident.

When the media starts covering stories like the entire village massacred (including children beheaded) by Al Qaeda or the story about the 11 year old boy cooked and served to his family to scare them into submission to Al Qaeda - then the media will gain a tiny bit of crediblity with me. Until then they can piss off.

I agree this serves those who don't support the war. But why did NCIS initiate an investigation in this case? There were no accusations from Iraqis. There was no politician egging it on. There was no media doing the same. Who in the military is being served by this "fishing expedition"? What is driving this one?

"Who in the military is being served by this "fishing expedition"? What is driving this one?"
hmm. Very good point. Perhaps the L/MSM where in the making of presenting a new charade. Then again, maybe not.
Could be simply there are people in the NCIS along the same lines of the CIA and State Department that simply want to throw eggs at anything that can further make this POTUS look like his administration has somehow failed in the GWOT (whatever).
At any rate, gotta hit the rack. Do have a great upcoming day.

It appears the article written by Nathaniel Helms New charges arising from action in Fallujah! Déjà vu all over again and released exclusively at Defend Our Marines website is now spanning the globe. ABC Australia network now has a direct link to this article through the defend our marine's website. US probes marines over Fallujah 'executions'

Congratulations, RedRover and author Nathaniel Helms for providing the story behind the story on this latest case in which NCIS is investigating Fallujah Marine heroes.

Thanks, Girl! I might add that posting something on the Defend Our Marines site is like putting a message in a bottle and throwing it into the Atlantic Ocean. Free Republic is the website where the real action is in terms of readers and supporters.

For some reason, the relatively few people around the world who care about justice for our Marines have congregated here. Together we are making a difference. Maybe not completely changing the course of history. But at least giving it a little nudge here and there.

You've done a heck of a lot more than give things a little nudge, my FRiend.

It's true the FR is an infinitesimally bigger billboard, but independent, single issue sites are more likely to be quoted by the GROT (Global Reporters On Tushes).

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