Posted on 05/28/2008 3:33:36 AM PDT by 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.
(Excerpt) Read more at mercurynews.com ...
Yes, Lt Grayson is in very good hands with Joseph Casas. He is a former Navy JAG and knows the mindset of a military court inside and out.
Seems that the prosecution tacked on the fraudulent separation charge because they wanted to create a picture for the panel of a sneaky Marine.
BTW, word is that the prosecution will do its closing arguments in the form of Power Point presentation. The judge asked to review it before its presented to the panel.
Great to see you, Chick! Yeah, it’s funny how prosecution witnesses have immunity when making false statements.
I’ve no idea how a panel would rule on the charge but would certainly hope that seven combat Marines would be logical enough to acquit immediately.
I agree completely with xzins when he said that Lt Grayson was represented and advised by a Marine lawyer to go ahead with the separation papers and it was all legal and ethical so how could Grayson have had any intent to defraud.
That's what they tried to do to the Iskandariyah accused. Then they made it virtually impossible by insisting that any trial be held in the Middle East (Iraq/Kuwait?)
The actual charges are for Article 80 (Attempts), Not Article 84. Here are the charges from the USMC relating to the discharge:
Violation of the UCMJ, Article 80 (Attempts) (Maximum punishment: dismissal, forfeiture of all pay and allowances, and confinement for 5 years)
Specification 1: did attempt to fraudulently procure his own separation from the United States Marine Corps by knowingly making false representations.
Specification 2: did attempt to fraudulently procure his own separation from the United States Marine Corps by knowingly concealing he was not eligible for discharge.
What do you think of this, Seahawk Fan?
Grayson proceded on the basis of legal counsel’s advice, so it could not have been fraudulent. I believe I read that Grayson was told he was not ineligible for discharge.
Also, there is the issue of when this was taking place. I believe we entered into a discussion on this discharge here on Free Republic DURING Grayson’s attempt to receive a discharge. We commented on it at the time. We hoped he could get out.
Now, if we knew it, could the prosecutor NOT have known it? Did he make any effort to contact Grayson and say, “Hey, son, you can’t do that. You’re ineligible.”
Makes no difference. If Grayson ran it by a Marine attorney on at least two occasions, they is no way it can be said that he fraudulently tried to procure his own separation. If I recall correctly, didn't someone send him separation papers without his request? If so, he has an even better defense.
After Lt Grayson received his DD214, a DD215 was issued that voided the separation.
Attorney Joseph Casas has argued that this was unlawful. The DD215 is a form that is meant to provide corrections to a DD214.
Linda Heeren in Quantico, section head of separations and retirement, testified that she never heard of a DD215 voiding a DD214. She has had a job for 20 years dealing with separations.
Mary Pruneda, retired, staff NCOIC in personnel department. She issued the DD215 to Lt. Grayson and was questioned why. She said the 1214 had been issued in error and there was no other way to correct the government's mistake.
SA Jason Shorey, NCIS. Interviewed Laughner and testified that some of the statements in Laughner’s statement didn’t add up. Also that, after examining Laughner's computer, it was discovered he was using his personal media for classified work. In contrast to Laughner's "concerns" about the commission of a crime in Haditha, he never wrote a DIRR about Nov 19 nor did he ever attach photos to a report.
Col Mark Smith. Lt Grayson’s first commanding officer in Iraq. Testified that their unit was given an extremely dangerous, difficult assignment. Lt Grayson was always spot-on in analysis. That he possessed exceptional character.
Lt Grayson's commander in Africa before he was charged. (Didn't get the name of the colonel.) Testified that Lt Grayson did mission plannings, conducted investigations. That he was extremely professional and performed with great integrity and with concern for the men under him.
Master Sgt Jason Daniels. The master sergeant has been in the Marines for 15 years, in Iraq four times (including Fallujah). He is an intelligence specialist. Took the witness stand with his arm in a cast--looking a little like Sgt Rock.
MSgt Daniels testified that it was three or four days after Nov 19 that he debriefed Laughner. Grayson wasn’t there. Testified that photos only have intelligence value if they are of an insurgent of interest. Testified that all members were trained in the photo policy. No photos of dead bodies are to be kept.
Daniels was asked about Lt Grayson. He replied, “I trust with him all I got, sir.”
MSgt Daniels was challenged aggressively by the prosecution about the importance of the incident in Haditha--that surely he should have kept the photographs. MSgt Daniels said the incident wasn't special: it was just another day.
Major Dan Whisnant, a commander with 20 years in intelligence. Testified that Lt Grayson is a great Marine officer. Very intuitive, always truthful with, always respectful.
Capt Dubrule. Testified that out of the twenty-five lieutenants he's been assigned, Lt Grayson was one of the best he ever had.
The more info that comes out in this case the more I’m astounded that charges were even brought against Lt Grayson. It would seem that Gen. Mattis and the prosecution should have had all this info. *shaking head*
Major Jeffrey Dinsmore did not testify as expected. This may have been a good strategic move as the prosecution would have tried to hammer him as a partisan in the Haditha case.
Ah yes, Power Point is all the rage for prosecutors in civilian courtrooms these days. Power Point presentations can be expensive productions that would cost a defendant a lot of money to produce for his own defense. The question is, is a PP presentation normal for this kind of "fraudulent separation" charge, and would a typical defendant who is represented only by a JAG-appointed attorney be afforded the opportunity to respond in kind with his own PP presentation?
The judge would be wise to tell the prosecution to go play in the street. "Slippery slope", and all that. If he okays PP for this lowly charge, then how could he turn down similar requests for the government to pay for the defendant's own PP presentation? Plus, such a precedent would mean that everything else that ever comes before this judge's court would entail more requests for Power Point.... Anyway, is the prosecution's case really that complicated?
Whew!
Thanks for that great update. I now pronounce with no hesitation that Lt. Grayson will deservedly walk away from this court fully exonerated.
Yep, it was "just another day".... except that this day had the added ingredients of an insurgent propaganda operation, a gullible, willing dupe of a TIME reporter, and a cowardly chain of command that has a tendency to run like scared bunnies from the liberal press and throw combat veterans under the bus rather than stand up and fight back.
Other than that, it was "just another day".
There was a funny exchange yesterday. The judge said he wanted to see the PP presentation before the panel did. The prosecutor said it was too complicated to do so.
The judge said, testily, “You open a slide and you print it. Then you go to the next one.”
It’s 12.40 EST. Guess the jury will have the case by now. Biting fingernails....
Look on the bright side - - very shortly we will all be bumping some more good news!
I may be jumping the gun about the timing. Not sure how long the prosecutor will gas on this morning. The less there is to say, the more time lawyers usually take to say it.
I’ve been feeling very confident all along but suddenly I’m a nervous wreck. Not sure if we’ll get word before the AP. Hope someone there can break away and give a call when the panel gives their verdict.
In the meantime, maybe I’ll sort through my paperclips. It’s better than pacing...
Thanks for the great updates! I’m not sure how the military voided Grayson’s discharge with a DD215. As the defense atty pointed out, this is a form to make corrections to a DD214.
It appears the only reason Grayson was ever charged was because he was sacrificed by Laughner, and possibly because Watt was perturbed after his interview with Grayson. Laughner needed a way to get rid of his own troubles (lying to investigators), so came up with a handy excuse why the photos existed so long on his computer.
Unbelievable that the prosecutors were able to pursue this all the way to trial. The convening authorities involved along the way should have seen through the weakness of this case, and that there was no crime on Grayson’s part.
Unfortunately, the Marines have lost a valuable asset in 1st Lt. Grayson.
Maj Samuel H. Carrasco testified that the Watt Investigation was informal and disjointed. He also testified that the town council meeting (during which complaints were raised by the Haditha incident) included insurgent sympathizers and outright members of al Qaeda.
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