The original charges had nine specifications of Involuntary Manslaughter, one of which was like a Violations of the Rules of Land Warfare charge in being totally vague about the number of people SSgt Wuterich is supposed to have killed.
Seems that the Corps, when announcing charges, said that "24 Iraqi men, women and children" were killed because that's the number McGirk reported in Time. Anything less would have seemed like a "cover-up", I guess. But now that we're in a trial, there can't be a hope of conviction without identification of who SSgt Wuterich is supposed to have killed or killed through dereliction.
Beyond that, hope the posting of the ROE card will be of interest.
Court was adjourned early Friday because the NCIS forensic people weren't ready. So they're expected to lead off tomorrow. Apparently, they have "photographic reconstructions" of the crime scenes--which is a pretty sketchy thing for the prosecution to be hanging its hat upon. It'd be inadmissible in many (maybe most, maybe all), civilian courts so we'll see what happens next.
So are you saying that the people killed were never positively identified? And that he’s charged with 9, not 24?
Can you please add me to PING list?
Thank you.
Another very good article from Nat and thanks for the info from you.
I’d like to question Major Navin on just how you identify people in a house that shot at you before taking action to clear that house, she doesn’t sound like a mental giant.
I can’t recall ever even hearing about “photographic reconstructions” being admitted into evidence. In this case there’s not one Iraqi testifying that was there in Haditha that day. Call me skeptical.
1. Staff Sergeant Wuterich was told the buildings were hostile, whether the Major thinks buildings can be hostile or not. In other words, there were hostiles using those buildings. This information is from previous posts, so it is not explicitly stated in this article by Helms.
2. The order was given to clear those buildings. That means only one thing: enter the buildings and eliminate the threat. Since they were receiving fire from the buildings, it makes sense to clear them. Since being shot at is a sign of hostiles, then the building contained hostiles; i.e., “it” was hostile.
3. Urban warfare from room to room (”clear”) does not mean knocking on any door and asking if there are hostiles present. Positive identification cannot possibly mean that. That would be forcing our troops to operate in a manner sure to get them killed.
4. That means in any engagement that our troops are under the provision of the ROEs in effect that they must defend themselves AND attack the enemy.
5. The most important fact is that Wuterich was ordered to “clear south”.
6. The most important puzzle is that we are told Wuterich did not issue one single order the entire day. Does that mean he was simply talking when he allegedly said, “shoot first; ask questions later” or words to that effect??? For all I know he was giving himself a pep talk, just sharing out loud, or going over out loud how to interpret the ROEs.
7. As I understand it, there were different ROEs issued shortly after this period of the war. It would be interesting to contrast those with the Haditha ROE to see how PID is expanded upon in those newer ROEs. That would indicate that PID meant something different at war period 1 and war period 2.