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Investigator: Drop Marine's Haditha murder charges
AP ^ | July 10, 2007 | AP

Posted on 07/11/2007 3:21:44 AM PDT by freema

SAN DIEGO, California (AP) -- An investigating officer has recommended dismissing murder charges against a Marine accused in the slayings of three Iraqi men in a squad action that killed 24 civilians in Haditha, according to a report released Tuesday.

The government's theory that Lance Cpl. Justin L. Sharratt had executed the three men was "incredible" and relied on contradictory statements by Iraqis, Lt. Col. Paul Ware said in the report, released by Sharratt's defense attorneys.

"To believe the government version of facts is to disregard clear and convincing evidence to the contrary, and sets a dangerous precedent that, in my opinion, may encourage others to bear false witness against Marines as a tactic to erode public support of the Marine Corps and mission in Iraq," Ware wrote.

Defense attorneys James Culp and Gary Myers in a statement welcomed the report and said it "reflected the value of the calm of a courtroom and the adversarial process."

Sharratt's mother Theresa said she was overjoyed.

(Excerpt) Read more at cnn.com ...


TOPICS: News/Current Events; War on Terror
KEYWORDS: defendourmarines; haditha; marines; sharratt; usmc; wot
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To: Laverne

See post 13!


21 posted on 07/11/2007 5:11:44 AM PDT by RedRover (DefendOurMarines.com)
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To: goldstategop

Let’s just hope that “thinking Nifong” is not nearly so popular as it was a month or so ago. Could be that even lawyers might learn from things they see.


22 posted on 07/11/2007 5:17:23 AM PDT by twonie (Keep your guns - and stockpile ammo.)
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To: xzins

I know, Chaplain; but I still wish he could. :^)

I wonder if it’s possible for a Congressional Committee to hold hearings on this, and possibly add revision to the UCMJ to allow for recovery of a part of any expended funds of those defending themselves of such egregious charges. While I have no doubt of the funding intent, I think it’s been shown in what little has been released that there is a latitude given by the court to defense expenditures. And while we all would agree that both the prosecuting and defending JAGs are working to the best of their abilities, we all know from past experience that politics and self-preservation of career does play a role.

Doubt it will happen, but I would like to see an accounting of the costs involved for all of these cases for both prosecution and defense separately.


23 posted on 07/11/2007 5:25:02 AM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: freema

Praise the Lord! Now it’s Tatum’s turn and then Wuterich. Keep praying. This is not over until there’s “no one left behind”.


24 posted on 07/11/2007 5:30:16 AM PDT by Mad Marine Mama (Mad Marine Mama)
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To: brityank; jude24; Lady Jag
Doubt it will happen, but I would like to see an accounting of the costs involved for all of these cases for both prosecution and defense separately.

This really needs to be above-board. There's no reason the government prosecution should be able to outspend the GOVERNMENT defense by a huge amount. My experience of years on active duty was that defendants had to go outside the military for aggressive, adequately funded defense counsel...AND that funding came from the defendants hocking everything they owned just to be on par with adequacy, much less equivalence.

I was a chaplain and not a jag, so my perception could certainly be wrong, but it doesn't strike me that way.

25 posted on 07/11/2007 5:31:20 AM PDT by xzins (Retired Army Chaplain And Proud of It! Those who support the troops will pray for them to WIN!)
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To: Mad Marine Mama; xzins; jude24; Girlene; All
Word is that LCpl. Sharrat has now been granted testimonial immunity as a defense witness. This bolsters the defense case for both LCpl. Tatum and Sgt. Wuterich. LCpl. Sharratt did not enter houses one or two but provided covering fire with a SAW for both assaults.

From Day One, the media has suggested that anyone given testimonial immunity must be in the prosecutor's pocket or must have made some kind of deal. I never believed that, and have taken a certain amount of abuse (not from you guys) for saying "trust the process and trust the Corps". Don Dinsmore came to the same conclusion after his meeting with General Mattis.

26 posted on 07/11/2007 6:07:44 AM PDT by RedRover (DefendOurMarines.com)
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To: RedRover

What exactly is defense testimonial immunity?


27 posted on 07/11/2007 6:10:27 AM PDT by xzins (Retired Army Chaplain And Proud of It! Those who support the troops will pray for them to WIN!)
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To: xzins
IMHO, the Commander-in-Chief should have put the kibosh on the charges immediately.

Or, they never should have been brought.

The whole nature of the conflict in Iraq seems to me to be very similar to Viet Nam, with regard to civilian insurgents mixing with the noncombatants.

As a result of that tactic by the enemy in Viet Nam, I got the impression that pretty wide latitude was granted to our troops when such events transpired.

There could have been thousands of such charges brought in Viet Nam, if the same criteria used here were used back then.

That would have been insane.

Ergo, this Haditha prosecution is insane.

Of course it is another opportunity for the administration and the higher level officers running this war to be PC and preen sanctimoniously.

28 posted on 07/11/2007 6:12:32 AM PDT by caddie
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To: xzins
Testimonial immunity is the same for any witness.

I was just underlining the fact that Sharratt will be a defense witness. The media has long suggested that anyone given immunity must be a prosecution witness.

29 posted on 07/11/2007 6:27:27 AM PDT by RedRover (DefendOurMarines.com)
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To: EQAndyBuzz

An interesting fact coming at you. Scooter Libby was Marc Rich’s attorney. Libby arranged Rich’s pardon from the husband of Mrs. Fat Pants.
The man seeking to prosecute Marc Rich was Patrick Fitzgerald. It looks like Patrick was into a bit of petty, playground, getting even.


30 posted on 07/11/2007 6:29:06 AM PDT by em2vn
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To: RedRover

Thanks, RR.

In fact, thanks for all that you do and have done.


31 posted on 07/11/2007 6:32:04 AM PDT by xzins (Retired Army Chaplain And Proud of It! Those who support the troops will pray for them to WIN!)
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To: freema

The UCMJ is extremely fair. Checks and balances abound in the military justice system. I would rather have a military trial any day compared to a civilian trial.


32 posted on 07/11/2007 6:45:23 AM PDT by pfflier
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To: freema

This is great news freema:)


33 posted on 07/11/2007 6:50:17 AM PDT by fatima (Baby alert,Baby Ava arrived 6-29-07 at 3 PM-she is 10 pounds:))
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To: freema
"To believe the government version of facts is to disregard clear and convincing evidence to the contrary, and sets a dangerous precedent that, in my opinion, may encourage others to bear false witness against Marines as a tactic to erode public support of the Marine Corps and mission in Iraq," Ware wrote.

Wow! BUMP for sanity at last.

Meanwhile, the ACLU scumbags of JAG (the people Bush put in charge of running the war) and their henchmen at NCIS are gnashing their teeth and lisping, "Thith ith totally unfair!"

34 posted on 07/11/2007 7:05:06 AM PDT by Lancey Howard
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To: RedRover

YIPPEE!!!

Red this post deserves your happy dance animation!


35 posted on 07/11/2007 7:13:55 AM PDT by Chickenhawk Warmonger (The Media Lied & Soldiers Died)
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To: freema; RedRover; brityank

Hallelujah is right, Ma!

This is a good day, wish I wouldn’t have slept in but it’s still wonderful news.


36 posted on 07/11/2007 7:33:31 AM PDT by jazusamo (DefendOurMarines.com)
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To: All
The Sharratt's and the other Marines and their families still have many legal bills.

If you would like to help with the civilian lawyer’s legal fees for the
Haditha Marines you can do so by going to these sites.

Defend Our Marines

Lance Cpl. Justin Sharratt

SSgt. Frank Wuterich

Lance Cpl. Stephen B. Tatum

Lt. Col. Jeffrey Chessani

Military Combat Defense Fund


Photo Sharing and Video Hosting at Photobucket

37 posted on 07/11/2007 7:36:00 AM PDT by jazusamo (DefendOurMarines.com)
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To: RedRover
"trust the process and trust the Corps".

You were right, Red. I believe this shows that the process is working and also shows these Art 32's had to take place to keep the naysayers like murtha and the moonbat media from screaming coverup. I also believe Don Dinsmore came to that same conclusion after his meeting with Gen. Mattis.

38 posted on 07/11/2007 7:45:18 AM PDT by jazusamo (DefendOurMarines.com)
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To: Mad Marine Mama

HaPpY DaNcInG and continuing support and prayers!!!


39 posted on 07/11/2007 8:40:06 AM PDT by peod
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To: freema; RedRover; brityank
Excellent news for the Sharratts!!!!

"To believe the government version of facts is to disregard clear and convincing evidence to the contrary, and sets a dangerous precedent that, in my opinion, may encourage others to bear false witness against Marines as a tactic to erode public support of the Marine Corps and mission in Iraq," Ware wrote.

These are VERY strong words by the investigating authority, Lt. Col. Paul Ware. Justin Sharratt still has to wait for Lt. Gen. Mattis to make the final decision. So, if Mattis has granted testimonial immunity, this is a very good sign - not just for Justin, but, also, for providing an adequate defense for the remaining accused.
40 posted on 07/11/2007 8:43:43 AM PDT by Girlene
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