Posted on 08/09/2007 12:17:06 PM PDT by RedRover
LOS ANGELES – All charges were dropped against a captain accused of failing to investigate the deaths of 24 civilians in Haditha, the Marine Corps announced Thursday. Also, all charges were dropped against Marine Lance Cpl. Justin L. Sharratt, who had been accused of killing three Iraqi brothers in response to a roadside bomb attack in Haditha in 2005.
Capt. Randy W. Stone, 35, a battalion lawyer from Dunkirk, Md., was one of four officers charged with failing to adequately probe the killings.
"It is clear to me that any error of omission or commission by Capt. Stone does not warrant action under the Uniform Code of Military Justice," Lt. Gen. James Mattis wrote.
Earlier Thursday, the Marine Corps announced that charges had been dismissed against Lance Cpl. Justin Sharratt, who was accused of murdering three brothers in the assault.
"The evidence does not support a referral to a court-martial," Lt. Gen. James Mattis wrote in his written decision in the Sharratt case. Under military law, a commanding general has total jurisdiction over a case.
Sharratt, 22, of Canonsburg, Pa., had been charged with murder in the deaths of three of those killed after the bomb attack on Nov. 19, 2005.
The decision to drop the charges followed an earlier recommendation from a hearing officer who listened to evidence in the case.
In his recommendation, Lt. Col. Paul Ware said murder charges brought against Sharratt were based on unreliable witness accounts, insupportable forensic evidence and questionable legal theories.
"The government version is unsupported by independent evidence," Ware wrote in an 18-page report. "To believe the government version of facts is to disregard clear and convincing evidence to the contrary."
Prosecutors alleged Sharratt and other members of his battalion engaged in a revenge-motivated assault on Iraqi civilians after a roadside bomb killed a fellow Marine. Sharratt contended the Iraqi men he confronted were insurgents and at least one was holding an AK-47 rifle when he fired at them.
Ware said prosecution of Sharratt could set a "dangerous precedent that ... may encourage others to bear false witness against Marines as a tactic to erode public support of the Marine Corps and its mission in Iraq."
"Even more dangerous is the potential that a Marine may hesitate at the critical moment when facing the enemy," Ware said.
Mattis said he made his decision after looking at all the evidence presented at the Article 32 evidence hearing, much like a preliminary hearing in criminal courts.
"You have served as a Marine infantryman in Iraq where our nation is fighting a shadowy enemy who hides among the innocent people, does not comply with any aspect of the law of war, and routinely targets and intentionally draws fire toward civilians," Mattis wrote.
"Operational, moral and legal imperatives demand that we Marines stay true to our own standards and maintain compliance with the law of war in this morally bruising environment," he said.
"With the dismissal of these charges, you may fairly conclude that you did your best to live up to the standards ... in the face of life or death decisions made by you in a matter of seconds in combat."
Besides Sharratt, two other enlisted men were charged with murder. Four officers were accused of failing to investigate the deaths.
Great idea!
Your cover’s blown, lilyloo!
You got me. I was on a secret mission. It’s amazing how far some “Marine jewelry” on surplus uniform can get you. I had a dept head meeting with Gen Mattis and said “Sir, these men are the best of the best and by golly I think you should exonerate them now....please.”
My only regret was having to shave my head.
BTW, thanks for loaning me your hummer. I hope you don’t mind the serial #’s I had to spray paint on. I couldn’t show up in a POV.
Catchy, agent Lilyloo.
You spray painted my hummer???
And where’s my cigars???
I think you may have taken this a wee bit too far!
Sorry about the cigars, I bribed the gate guard with your Cubans.
No pictures, I might have to use the get up again, can’t risk it. I don’t recommend it, I found out I have one of those fat rolls on the back of my noggin. You know, when you can go up and grab it. So I almost blew it when I asked the General if my hat made me look fat!
LOL! I don’t know where you come up with this stuff! Y’all crack me up.
LOL, good thing I was already on the road when you wrote that!
I'm back for now, got some serious catching up to do ;~)
Hey, boats! Welcome back!
Here’s a quick update of where we be...
The Lt Grayson hearing, re-re-scheduled to commence today, isn’t on. No word from anyone about what’s going on.
The next hearing (that I know about) will be Sgt Wuterich on the 30th (a Thursday, oddly enough).
There could be a decision soon from Gen Mattis on the LtCol Chessani case and we may hear about the IO’s recommendation on the LCpl Tatum case.
Unless there is news on the Chessani and Tatum fronts, I imagine things will be quiet until the 30th.
The only recent news event of note is that Lt Col Riggs has recused himself from involvement in the Tatum case. Official word from the Corps is that it was voluntary. Scuttlebutt is that Gen Mattis demanded it.
On other fronts...
Nat Helms has written some good articles, and the Fallujah 04 case is moving forward. You’ll have pings a-plenty on all that.
Riggs ~ Grayson....is there an explanation/ scuttlebutt of what sort of conflict brought about Riggs taking a bow?
Riggs told IO Ware that he has exceeded his role in the Sharratt case. Riggs complained that Ware had left Mattis no choice but to dismiss all charges (rather than drawing up new charges).
Riggs told Ware to be more cautious when writing the Tatum recommendation.
Ware complained about command influence and Riggs is off the Tatum case.
Riggs is expected to be back for the Wuterich hearing.
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