Attorney says Marine inquiry shows patrol performed correctly

Associated Press ^ | ESTES THOMPSON

[Dubya]

Testimony this week from several Marines whose convoy was attacked in Afghanistan shows that their unit's response was justified and that troops didn't fire haphazardly at civilians, an attorney said Friday.

Eleven witnesses have testified so far before the Court of Inquiry, a rarely used fact-finding proceeding underway at Camp Lejeune to investigate the shootings that killed as many as 19 Afghan civilians. The Marines said their Humvees were targeted by a car bombing followed by small arms fire from both sides of the road.

"The hearing so far has confirmed that in the March 4 patrol, the Marine patrol was actually the target of two ambushes," said civilian lawyer Mark Waple, who represents one of the two officers under investigation. "The first was partially successful and fortunately, the second wasn't successful at all."

The Court of Inquiry is focusing on two officers involved in the shootings: Maj. Fred C. Galvin, 38, of the Kansas City area, the company commander, and Capt. Vincent J. Noble, 29, of Philadelphia, a platoon leader. The court, which is to resume Monday and is expected hold hearings through the end of next week, will recommend whether charges should filed against the officers.

Citing witness accounts, Afghanistan's Independent Human Rights Commission concluded last year that the Marines responded to the car bombing by firing indiscriminately at pedestrians and people in cars, buses and taxis in six different locations along a 10-mile stretch of roadway.

The Marines have said they were attacked in a well-planned ambush that began when a suicide bomber detonated a van loaded with explosives near their six-vehicle convoy. An investigation by the Army concluded 19 people died and up to 50 people wounded, but attorneys said the death toll is lower. One Marine was injured in the incident.

Waple, Galvin's attorney, said Friday the evidence presented so far doesn't clear up the discrepancy, because it was "so difficult to do any reasonable forensic examination." Some of the Marines testified that they saw only one or two people who appeared dead, but they didn't stop to examine them.

On Friday, Staff Sgt. Mohamed Sheik testified that he was in the front seat of a Humvee during the car bombing. The convoy was shot at moments after the blast and at least two machine gunners from the convoy fired back, Sheik said.

Sheik said when the Humvees began moving again, he saw an enemy rifle on the ground next to a sport utility vehicle and a man's slumped body.

As the convoy picked up speed, it again took small arms fire near a gas station, he said. Sheik said he saw muzzle flashes and puffs of smoke from rifle fire on a hill behind the station, and that tree limbs were shaking from the fire. Marines returned fire again in a span of roadway about 1 1/2 miles long, he said.

Sheik said the gunner in another Humvee didn't use an automatic grenade launcher during the fighting because "more people would get hurt than necessary."

The unit was on its first deployment after the 2006 creation of the Marine Special Operations Command. After the shooting, eight Marines were sent back to Camp Lejeune, and the rest of the company was taken out of Afghanistan.

Maj. Gen. Dennis J. Hejlik, the commander of the Marine Special Operations Command, later said he disagreed with that decision and that the unit responded appropriately. Marine Corps commandant Gen. James T. Conway also criticized an apology issued by an Army brigade commander, calling it premature because an investigation remained under way.

[Dubya]

[freema]

[ComputerGuy]

This being the weekend, Murtha couldn’t be reached for comment.

[g'nad]

I served under LtCol Hejlik... he was a great, no BS officer then, and it’s good tuh see he hasn’t changed too much...

[jazusamo]

I believe Fat Jack Murtha will keep his trap shut on this incident after his pathetic display with the Haditha Marines, not because he’s smart enough to but because one of his staff will be beatuing into his head to shut up.

[Dubya]

An Army brigade commander, 10th Mountain Division Col. John Nicholson, apologized in May, saying he was “deeply, deeply ashamed and terribly sorry that Americans have killed and wounded innocent Afghan people.” Initial reports pegged the number of dead at 10 or 12, but Nicholson said officials had concluded 19 died and 50 were injured.

But the next week, Marine Corps commandant Gen. James T. Conway said Nicholson’s apology was premature because an investigation remained under way.

[Dubya]

What does Murtha have to do with this?
Just someone to blame it on besides the people who are doing it.

[brityank]

Update on Afghanistan Court of Inquiry:

Maj. Gen. Dennis J. Hejlik, the commander of the Marine Special Operations Command, later said he disagreed with that decision and that the unit responded appropriately. Marine Corps commandant Gen. James T. Conway also criticized an apology issued by an Army brigade commander, calling it premature because an investigation remained under way.

[Dubya]

Thank you for the information.

[brityank]

Update on Afghanistan Court of Inquiry:

Court of inquiry resumes today ^ from the jdnews.com in NC:

Each witness except Travers has described the Marines' fire as controlled.

Staff Sgt. Mohamed Sheik, who was riding in the fourth Humvee in the convoy during the incident and testified Friday, had some of the most detailed recollections about people and events - including seeing multiple live people by the side of the road after the blast, as well as a gun underneath the body of an apparently dead person slumped out the window of a blue sport utility vehicle.

He also testified he heard "the crack of rounds over our head," and saw puffs of smoke, muzzle flashes and people moving on the hilltop above the gas station.

He said he was angry when he read media reports just hours after the incident.

"We trained so long and so hard, and when we were tested, we did exactly what we were trained (to do)," he said.

After the inquiry adjourned Friday, Galvin's civilian lawyer said it would be difficult to determine exactly how many people died in the fight that day because there "doesn't appear to be any reliable way to correlate the casualties to the reports."

Seems we not only have to fight the propaganda from our enemies, but are being inundated by fifth-column operatives.

[RedRover]

Thanks for the update, brit! Looks like Tavers is badly outnumbered. Hard to imagine this won’t go MARSOC’s way.

You know a cynic would say that Gen Conway got in front of this case, and not Haditha, because the Army went too far in attacking the new Marine Special Forces unit. Whatever the reason, I’ll be happy if justice is done.

[brityank]

... I’ll be happy if justice is done.

Hate to say it, but Justice has no place on the battlefield. I believe someone once said: "It's not your job to die for your Country, it is your job to help the enemy die for his." Gone are the days of battlefield civility, where the Germans and the Brits held a Christmas Truce, sang songs, swapped cigarettes, and then returned to the fight at its ending. As shown in this case, Haditha and others, and our own inner cities -- Justice takes a back seat with the populations infested with "Don't Snitch" and "Screw the Man" attitudes in them trying to keep what little security they think they have.

I have no problem with our own people bringing charges; I have a big problem with using enemy propaganda and innuendo to bring charges. Seems that's the case here, and Travers is jumping on (what he thinks is) the gravy train.

[jazusamo]

I have no problem with our own people bringing charges; I have a big problem with using enemy propaganda and innuendo to bring charges.

Well said, brityank! There's a big difference between protecting our own after being attacked and outright criminal acts.

[Girlene]

Latest reporting from today's proceedings: NCIS: no evidence of attack on Marine involved in Afghan shooting

"CAMP LEJEUNE, N.C. - Naval authorities could find no evidence that a Marine special operations unit accused of firing indiscriminately at civilians in Afghanistan last year were responding to a well-planned ambush that followed a suicide car bombing, an investigator testified Monday.

But Marine Chief Warrant Officer Robert O'Dwyer, an investigator with the Naval Criminal Investigative Service, said authorities didn't arrive on scene until two months later and had only an hour to look at the site of the shooting.

"From a law enforcement standpoint, that's ludicrous," O'Dwyer said, adding that while one investigation later determined two civilians died and 23 were wounded, another concluded 19 died and 50 were wounded."....

...."O'Dwyer said NCIS agents interviewed Afghan police and civilians, and members of an Army military police unit that arrived on the scene less than an hour after the bombing. He said none confirmed the Marine unit's story that there was a coordinated ambush after the bombing."....

...."Citing witness accounts, Afghanistan's Independent Human Rights Commission concluded last year that the Marines fired indiscriminately at pedestrians and people in cars, buses and taxis in six different locations along a 10-mile stretch of roadway.

A Marine riding in the convoy testified last week that the convoy was shot at twice and Marines fired back over a span of roadway about 1 1/2 miles long. Navy investigators said the firing occurred over about six miles, O'Dwyer said.".....

[RedRover]

Wait. How many Marines testified they were under attack? Don’t their statements count as evidence? They were the only witnesses.

[jazusamo]

an investigator with the Naval Criminal Investigative Service, said authorities didn't arrive on scene until two months later

Nothing new from the NCIS, seems like they conduct all their investigations months after the event and tailor their report to fit whatever their boss wants it to say.

SECNAV Winter thinks they're the greatest thing since sliced bread. /sarc

[Girlene]

Wait. How many Marines testified they were under attack? Don’t their statements count as evidence? They were the only witnesses.

Seems like the Marines were interviewed vigorously. NCIS said they had only an hour to look at the site of the shooting. Hope they had more time with the Afghan witnesses.

Lots of discrepancies in numbers. One investigation said 2 dead/23 wounded, the last was 19 dead/50 wounded. That's a big discrepancy. Same with the amount of roadway that the Marines engaged anyone. Afghan Human Rights says 10 miles, NCIS says 6, Marines say 1 1/2.

[Girlene]

Well, there was an Army military police unit that arrived on the scene less than an hour after the bombing. I’ve seen no reporting on whether their report is included as part of this inquiry or not.

[jazusamo]

Good point and if the NCIS relied on that report from the MP’s you’d think they’d at least have a copy and/or one of the MP’s that did the report appear at this Court of Inquiry.

[Girlene]

Re. any report by the MP's, at the time, Kearney indicated they had found no brass, or shell casings, that they could confirm came from any Afghan fighters. He didn't say when they looked for those casings (that day, or days later), or whether they found any casings. He just said they couldn't confirm any enemy shells. See link from Army Times.

The Afghan report also said there was some evidence of a complex ambush, but again they said it was limited and they couldn't confirm it.

Also noted in this article are the tactics used by guerrilla/insurgent fighters. In Vietnam, enemy fighters dragged away their dead to keep U.S. forces from getting proper body counts. A former Marine officer (who wouldn't be named) claimed that in Afghanistan, insurgents instead leave bodies, but take their weapons so it appears the victims are innocent. So who knows.