Posted on 12/19/2007 7:58:52 PM PST by RedRover
The defense for a Marine accused in the deaths of 24 Iraqi civilians said Wednesday it wants to depose a Pennsylvania congressman to determine whether a general told him that the accused and his squad killed in cold blood.
Jack Zimmermann, an attorney for Lance Cpl. Stephen B. Tatum, told judge Lt. Col. Eugene Robinson that he also wants a deposition from Gen. Michael Hagee, former commandant of the Marine Corps now retired, to find out what he may have said to Rep. John Murtha, D-Pa., and to Marines serving in Iraq.
Zimmermann said outside a Camp Pendleton courtroom that he is concerned about possible tainting of the jury pool among Marines at Camp Pendleton who've deployed to Iraq.
Tatum, 26, whose court-martial is scheduled to begin March 28, is charged with involuntary manslaughter, reckless endangerment and aggravated assault for his role in the deaths of the civilians in Haditha, which took place on Nov. 19, 2005, after a Marine was killed in a roadside bombing.
Women and children were among those killed by the Marines.
If convicted on all three charges, Tatum faces 19 years in the brig.
Zimmermann said Murtha, a former Marine who is an outspoken opponent of the Iraqi war, refused to be interviewed because squad leader Staff Sgt. Frank Wuterich -- who is charged with unpremeditated murder in 17 of the deaths -- filed a defamation lawsuit against him last year.
"Murtha said (during several media interviews) he was briefed at the `highest levels' that Marines (in Tatum's squad) committed murder, killed in cold blood ... it was another My Lai," said Zimmermann.
My Lai was the site of the killing of more than 300 apparently unarmed Vietnamese civilians by U.S. soldiers in 1968.
"Could these be construed as political rantings?" the judge asked the defense attorney.
"Murtha said, 'I was briefed by the commandant of the Marine Corps,'" Zimmermann responded.
The attorney urged the judge to order depositions by Murtha and Hagee.
"We don't think there's any congressional immunity here," Zimmermann said. "We want to ask General Hagee, Did you tell him (Murtha) that? Where did he get this? Is he making it up?"
Prosecutor Maj. Daren Erickson asked the judge to allow prosecutors to travel to Iraq to obtain depositions from some witnesses to the killings, including several children.
Erickson said the witnesses have refused to come to the United States to testify in the case.
Robinson didn't rule on any motions today. Another motion hearing for Tatum in scheduled Jan. 9.
Eight Marines were originally charged in the case, but charges were dropped against half of them.
Lt. Col. Jeffrey Chessani, the battalion commander and highest-ranking Marine charged, is scheduled to stand trial April 28. He is charged with dereliction of duty and violating a lawful order for failing to report and accurately investigate the deaths.
Lt. Andrew Grayson is charged with dereliction of duty, making a false official statement and obstruction of justice.
EDMOND — The attorney for Lance Cpl. Stephen Tatum of Edmond is asking a military court to order a Congressman to answer questions about comments he made accusing Marines of murdering Iraqi civilians.
Tatum’s attorney, Jack Zimmerman, contended during a pre-trial hearing Wednesday that charges against Tatum might have come as a result of pressure from Marine Corps brass.
Tatum, 26, is facing involuntary manslaughter charges in the November 2005 shooting deaths of two children in Haditha, Iraq. He also is charged with aggravated assault and reckless endangerment. If convicted Tatum could face up to 19 years in prison and a dishonorable discharge.
U.S. Rep. John Murtha, D-Pa., a former Marine, is on record as saying he had heard from Marine Corps officials that innocent Iraqis had been killed “in cold blood.”
Zimmerman said he plans to ask the judge to dismiss the case, based on his belief that Tatum will not get a fair trial.
He contends that potential jury members might have been influenced by comments implying the accused Marines are guilty.
Zimmerman also wants the judge to force Tatum’s former battalion commander, Lt. Col. Jeffrey Chessani, to testify at Tatum’s trial in March.
Sounds good to me.
48% of Americans think Iraq “going well”
[that figure now includes Murtha]
Rooters | 12/19/07 | David Morgan
Posted on 12/19/2007 7:33:48 PM EST by Fido969
http://www.freerepublic.com/focus/f-news/1942005/posts
Where the he...ck were these bass...turds LAST YEAR to "help" Diana Irey?!?!
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