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 ...
See post 13!
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.
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.
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”.
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.
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.
What exactly is defense testimonial immunity?
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.
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.
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.
Thanks, RR.
In fact, thanks for all that you do and have done.
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.
This is great news freema:)
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!"
YIPPEE!!!
Red this post deserves your happy dance animation!
Hallelujah is right, Ma!
This is a good day, wish I wouldn’t have slept in but it’s still wonderful news.
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.
HaPpY DaNcInG and continuing support and prayers!!!
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