Navy SEAL cleared in Iraq prisoner abuse case

AP via Pilotonline ^ | 22 April 2010 | AP

[csvset]

A U.S. military jury cleared a Navy SEAL Thursday of failing to prevent the beating of an Iraqi prisoner suspected of masterminding a 2004 attack that killed four American security contractors.

The contractors' burned bodies were dragged through the streets and two were hanged from a bridge over the Euphrates river in the former insurgent hotbed of Fallujah, in what became a turning point in the Iraq war

[Proud_USA_Republican]

He deserves a ship named after him instead of Mullah Murtha.

[Candor7]

Yep. I love those marine 100 amp batteries.DC does not mean District of Columbia!LOL.

[cyberaxe]

.....kinda puts a whole new meaning to "cranking amps" huh?.....

.....ha ha ha.....

[Forty-Niner]

“The SEALs were offered non-judicial punishment for their alleged crimes (called a Captain’s Mast in the Navy), but they turned it down in favor of courts-martial. While technically not an admission of guilt, accepting a Captain’s Mast is generally tantamount to one. Presiding officers very rarely find the accused sailors innocent, and they often impose effectively career-ending punishment instead...”

You are correct. Some additional points/explanition....

The Article 15 “Mast” is essentialy answering “charges in your commanding officers office.....also refered to as “Office Hours”

Often just a slap on the hand is found guilty, Office Hours/Mast” is limited in effect on what the punishment could be.....and the punishment is limited by the presiding officers rank. The higher in rank the more severe a punishment that can be metted out.... Mast does not result in Career ending scenarios......a slap on the hand would have been the more likely outcome...(loss of rank (limited mostly to one step), and forfeiture of pay (3 months max)......

By refusing non judicial “Mast” these sailors put themselves at much greater risk, as a Courts Martial, in reality a “Jury Trial,” could have resulted in a much more severe penality than had they been convicted in the old mans office.....a conviction there would have had career ending consequences......

Sure of the rightousness of their actions, these guys put themselves at greater risk to make a point for all field operators..... they poked the JAG directly in the eye.......

For a lesson on how this often works, watch Band Of Brothers.....(yeah, they did this kind of stuff in WWII too!)

In one of the first few chapters, Capt Winters did the exact same thing when charged with deleriction of duty by his commander, he refused “Office Hours” and demanded a Courts Martial Trial...... Captain Winters was exonerated and his Commander exposed as the phoney he was......

The Navy, in its wisdom, decided that these high value sailors should not be sacrificed on the altar of Lefty Political Correctness. (No sh*t Sherlock)

Applaud the Court for aquiting?? Hardley..... the charges should have never been brought in the first place, at any level IMHO!

I am fearfull that in the case of SSGT Frank Wuterich the result may not be similiar..... Frank may become the last chance for a scapegoat for the PC Crowd......

From all reports of the action that I have read, these Marines were acting/responding correctly to the situation presented them....SSGT Wuterich went By the Book, a very professional NCO in A highly stressfull urban combat situation......

Hoping that the Marines on the Courts Martial remember first and foremost that they are MARINES too......

[Candor7]

Well, a good microwave generator with a wave guide might be better, LOL.

[444Flyer]

"...Applaud the Court for aquiting?? Hardley..... the charges should have never been brought in the first place, at any level IMHO!.."

Very, very well thought out and stated Forty-Niner. I very much agree with you.

[cyberaxe]

.....might add a bit of "nuance" and "control" to the situation.....

.....purely for entertainment value.....

[Candor7]

[cyberaxe]

.....sweet!.....

.....might not even need to hook-em up.....

.....just "showing" it off could do the trick.....

.....but then again.....

.....seeing how you went to the trouble of dragging it out.....

.....might as well go ahead and fulfill that entertainment value thingy.....

[Semper Fi Mom]

WELL SAID!

[verity]

How much active duty time do you have?

[verity]

"Applaud the Court for aquiting?? Hardley..... the charges should have never been brought in the first place, at any level IMHO!"

This is not a technically logical comment. The members of the court had nothing to do with proffering charges. However, they had everything to do with the acquittal.

The system cleans up after itself.;-)

[Repeal The 17th]

Huertas was the first of three SEALs to face a court-martial
for charges related to the abuse incident.

The court-martial of Petty Officer 2nd Class Jonathan Keefe,
who is also charged with dereliction of duty on allegations
he failed to safeguard the prisoner,
is scheduled to begin Friday also at Camp Victory.

Petty Officer 2nd Class Matthew McCabe, the SEAL charged with assaulting Abed,
is scheduled to be court-martialed May 3 in Norfolk,
where the three men are based.

[Forty-Niner]

Aren’t the JAG lawyers “Officers of the Court?”

I thought they were.....

Did the court did have the option of dismissing the charges from the beginning? They should have.....

[Forty-Niner]

But you are right!

....All’s Well that ends Well..... LOLOLOLOLOL

Thanks!

[verity]

"Aren’t the JAG lawyers “Officers of the Court?”
Not in the 'civilian' sense you mean.

"Did the court did have the option of dismissing the charges from the beginning?"
No. The trial must proceed once the appropriate Convening Authority [see Articles 22,23, and 24, UCMJ] determines that the charges meet legal requirements.

See the following references for greater specificity:

http://usmilitary.about.com/od/justicelawlegislation/l/blucmj.htm

http://www.marines.mil/news/publications/Documents/Manual%20For%20Courts-Martial%20United%20States%20(2008%20Edition).pdf

[Forty-Niner]

Thanks...

I bow to your expertise...

Thanks for the links!

[rlmorel]

One down, two more to go. Those other two deserve our support and prayers as well.

As for the terrorists in Fallujah and all those human scum who participated in the defacement of the bodies, this is a message I like better, delivered to them by the very men who put a beat-down on them:

Note: After the battle, a Marine senior officer saw the message, and told a Marine to paint out the last part, but leave the rest up there.)

[rlmorel]

"...That at least partially matched the account given by Petty Officer 3rd Class Kevin DeMartino, who told the jury that he saw one of the accused SEALs, Petty Officer 2nd Class Matthew McCabe, punch Abed in the stomach. DeMartino also accused Huertas of trying to cover up the attack. He said neither Huertas and the third SEAL, Petty Officer 2nd Class Jonathan Keefe, of Yorktown, Va., did anything to stop it. But DeMartino also admitted he initially lied when first asked about the bloodstain on Abed's clothes, and his account of the details of the incident were disputed by the sworn testimony of at least four other witnesses...

Anyone on this thread have any more information about this guy DeMartino? I am getting a strong stench of scumbag from this account...I have not followed the details closely enough to know more about this person, but it sounds like he is a "whistleblower" who lied for some reason. Anyone know more?

[rlmorel]

I ask this because it sounds like this guy (DeMartino) was an MAA, and I have heard rumors of friction between Special Forces operators and regular service personnel who think the Special Ops people are on a high horse and need to be brought down a notch.

Wonder if these guys had any history, or if this guy (DeMartino) was one of those with an attitude? Again, this is just speculation, but why would the guy come out and tell an admitted lie about certain details...to embellish them, and if so, why?