Marine heads to trial on obstruction charges in Haditha case [Lt Grayson court martial]

Associated Press via Mercury News ^ | May 28, 2008 | Chelsea J. Carter

[RedRover]

SAN DIEGO—A Marine intelligence officer heads to court Wednesday to answer charges of obstruction of justice and making false statements during an investigation into the killings of 24 Iraqis.

The court-martial of 1st Lt. Andrew Grayson is the first case to come to trial in the biggest U.S. criminal case involving civilian deaths to come out of the Iraq war.

Authorities maintain eight Marines killed the Iraqis shortly after a roadside bomb hit a convoy, killing the driver of a Humvee and wounding two Marines.

Grayson of Springboro, Ohio, was not present at the scene of the killings on Nov. 19, 2005, in Haditha, but is accused of telling a sergeant to delete photographs of the dead from his digital camera.

Investigators allege after the bombing, Staff Sgt. Frank Wuterich and a squad member allegedly shot five men by a car at the scene. Wuterich then allegedly ordered his men into several houses, where they cleared rooms with grenades and gunfire, killing unarmed civilians in the process.

Charges against all but three Marines, including Grayson, have been dropped.

[RedRover]

Yes, the Investigating Officer said he thought the lying charge was “a stretch” but asked for written arguments from the prosecution.

The IO ended up recommending the case go to court martial so something must have changed his mind. I’ve never seen the IO’s report so it’s impossible to guess his reasons.

[bigheadfred]

Did someone mention that the defense should introduce a motion to dismiss? Seems like it , at least, opened the door for the judge to make a move.

[xzins]

that’s an outstanding idea since the real charge has been dismissed, the other charge really is very weak and is premised on the dismissed charge, and the discharge from the marines charge is extraneous to this case and should be separately tried.

[dynachrome]

YES!

The main charge dismissed. Pray for the rest to be dismissed.

[RedRover]

The judge seems to want to keep the final word on the case to the jury.

[bigheadfred]

that’s an outstanding idea since the real charge has been dismissed,

What I was referring to, x, is the conversation starting at post 191.

[Defend Our Marine]

This is wonderful news!

[Girlene]

The reason for the move to dismiss was based on procedural issues.

Wow, that's clear as mud! I haven't been able to find any other reporting on theobstruction dismissal. Great job on getting this information!

[Gene Eric]

>> The charge dismissed is obstructing justice.

This was necessary not only for Lt. Grayson.

[xzins]

Does the judge have to publish the reasons for this action?

Procedural doesn’t get it for me. (For example, “We forgot to do the ‘hear ye, hear ye’ before we did the ‘call your first witness,’ therefore, I’ve gotta toss this in the trash can.” is totally irrational. I can’t see it.)

[jazusamo]

Whatever the reason for the dismissal, it knocks the legs out from under the prosecution’s case.

Kinda sounds like to me the judge knows the whole case is going south for the prosecution and doesn't want to throw the whole thing out himself.

For whatever reason he wants the panel to find not guilty on the three charges that are no brainers now. Maybe he wants it that way so no one can say he fixed it on his own.

[RedRover]

I'm always reluctant to talk about legal issues since I'm not a lawyer. And I am hoping to get clarification from the defense attorney, Joseph Casas. But here's what I think was the issue...

As you noted at post 201, the prosecution seems to have relied on an altered statement. The "suspected/accused" language may indicate that Grayson had more rights (defense, counsel, etc.) than were provided, and thus he was not obstructing by answering in a "defensive" manner. (This is speculation by a pal of mine, Bruce Kesler, who's also seeking clarification from Joe Casas' office.)

I believe that's why the judge made the motion yesterday, after the testimony of Col Watt's clerk, Clyde LeGaux.

Regarding the lack of reporting...

I will observe that an absence of reporters is the best possible sign that Lt Grayson will be fully exonerated. Reporters scurry off like rats from a sinking ship the minute things start to go our way.

[Girlene]

I'm always reluctant to talk about legal issues since I'm not a lawyer.

Not me....I just post away, whether I'm right or wrong. :-)

I thought the obstruction of justice charge had to do with ordering Laughner to destroy the photos, not with obstrucion by "answering in a "defensive" manner." I have no clue. Hopefully, the defense attorneys will help clear things up. Either way, this is great news for 1st Lt. Grayson.

[gardencatz]

This is excellent news! This is what my son will be doing and because the training is so long he had to enlist for an extra year. It’s a little over a year just to learn Arabic. Lt. Grayson saved the lives of countless Marines during his time in Iraq. It’s a hell of a “thank you” to have to come home and defend his honor and fight for his freedom. I honestly don’t know how some of these people sleep at night.

Cindie

[RedRover]

Well, those slug-a-beds at the Associated Press finally got the story...eleven hours after us. HA!

_____________________________

Judge dismisses obstruction charge in Haditha case, The Associated Press, 06/03/2008 10:35:38 AM PDT (Ha, again!)

CAMP PENDLETON, Calif.—A military judge has dismissed a charge of obstruction of justice against a Marine lieutenant being court-martialed for allegedly helping cover up a squad's killings of 24 Iraqis, including women and children.

The judge dismissed the charge Tuesday against 1st. Lt. Andrew Grayson, who is being tried at Camp Pendleton for allegedly ordering a sergeant to delete photographs of the dead from a digital camera and laptop computer.

Grayson was not present at the scene of the Nov. 19, 2005, killings in Haditha that followed a roadside bombing that killed one Marine and wounded two others.

Grayson, who says he did nothing wrong, is still charged with making false official statements, trying to fraudulently separate from service and attempting to deceive by making false statements.

[Girlene]

It is excellent news! Congrats to your son for his committment. You must one proud mama.

[Girlene]

They are slug-a-beds! Here's the story from North County Times Judge drops obstruction charge in Haditha case mid-trial

"A military judge on Tuesday dismissed a charge that an officer obstructed justice when he told a sergeant to delete photos of two dozen civilians killed by a squad of Camp Pendleton Marines following a roadside bomb attack in Haditha, Iraq.

It was not immediately clear why the judge, Maj. Brian Kasprzyk, dropped one of the charges facing 1st Lt. Andrew Grayson, who is being tried on charges related to the aftermath of the killings that occurred Nov. 19, 2005.

As Grayson looked on, Kasprzyk told a military jury inside a base courtroom Tuesday morning that it was no longer to consider the obstruction charge.

An intelligence officer at the time of the killings, Grayson still faces charges that he lied to investigators and fraudulently tried to get out of the Marine Corps after the initial charges were filed. The 27-year-old Ohio native has pleaded not guilty.

In testimony last week, Staff Sgt. Justin Laughner told the jury that Grayson directed him three months after the killings to delete images of the dead that he photographed a few hours after the incident. The dead included two women and several young children.

Laughner, who took the photos as part of his duties, said Grayson's order to destroy the photos came during the early stages of media-sparked military investigations of the killings.

Laughner said he photographed the bodies to help determine if any of the slain were insurgents. He showed them to Grayson on the day of the slayings, he testified, adding he kept the digital photos in case anyone might need them in the future.

But Grayson's attorneys argued ---- and the trial testimony bore out ---- that military policy forbids keeping photos of slain Iraqi civilians if has been determined they have no intelligence value.".....

"........Closing arguments to the jury ---- made up of seven military officers, all of whom have combat deployments under their belts ---- are tentatively set for Wednesday morning."

[RedRover]

Glad for those details! I figured that the obstruction charge was specifically aimed at the Laughner/photo issue, but wasn't sure. The charges and specifications aren't detailed.

So, as you said earlier, how can the false statement charges stand?

I'm not usually one to go out on a limb, but I'd say this case is as good as won.

[bigheadfred]

I'm always reluctant to talk about legal issues since I'm not a lawyer.

Doesn't stop me. And it doesn't bother me in the least when I'm totally wrong. You can't be any more wrong than most lawyers usually are. :-) (I almost forgot to smile)

[4woodenboats]

I'm not usually one to go out on a limb...

I am, but I was raised by monkeys and chased by wolves, so it's not like I had many options.