U.S. troops to face murder charges in Iraqi's death

By: SETH HETTENA - Associated Press | Thursday, June 1, 2006 6:50 PM PDT

SAN DIEGO -- Military prosecutors plan to file murder, kidnapping and conspiracy charges against seven Marines and a Navy corpsman in the shooting death of an Iraqi man in April, a defense lawyer said Thursday.

The eight men are being held in the brig at Camp Pendleton Marine Corps base north of San Diego, said Jeremiah Sullivan III, who represents one of the men.

The men served in Iraq with the 3rd Battalion, 5th Marine Regiment, and are members of the battalion's Kilo Company. The highest-ranking among them is a staff sergeant.

Sullivan said he learned from Marine Corps attorneys that the charges have been drafted and official charging documents could be given to the men as early as Friday.

Separately, another group of five Marines in Kilo Company, including a lieutenant who commanded the platoon, are under investigation for injuring a suspect in their custody, according to a defense attorney who has been contacted by the family of one of the Marines. He spoke Thursday only on condition of anonymity because he has not taken on the case.

The Iraqi man was killed west of Baghdad on April 26. His death was unrelated to the shootings of as many as two dozen civilians in the western Iraqi city of Haditha. The Pentagon is investigating troops from the 3rd Battalion, 1st Marine Regiment in that case.

The Marine Corps and Pentagon spokesmen have refused to comment on any aspect of the Iraqi's death since an investigation was announced May 24.

However, a Pentagon official said Thursday that charges are expected to be brought "very soon." The official, who spoke only on condition of anonymity because he is not authorized to discuss charges before they are filed, could not confirm the specific counts.

Sullivan said the eight men are being held in solitary confinement.

"There's concern about the publicity of Haditha having a detrimental impact on the case," he said. "My concern is that the whole politics of this. There's an assumption that these guys are guilty before there's been an opportunity for a thorough, impartial investigation."

Under military law, after charges are served defendants have the right to an Article 32 hearing, the military equivalent of a civilian grand jury investigation.

An investigating officer presides over the hearing and makes a recommendation to the Marine general who directed the investigation. The general has the final say whether to order a court-martial and what charges, if any, the defendants will face.

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Get out of Iraq wrote on Jun 2, 2006 7:26 AM:These Soldier and Marines are responding to no win situation. Either put them into a combat zone as combat Soldiers and Marines or pull them out. Stop trying to use them in a police situation where the cowardly Iraq's won't even fight for their own country. Get our guys out of this. They did a good job. They performed great. We won this war. Now let's get out, unless we are going to level this piece of crap of a country!

MikeinOceanside wrote on Jun 2, 2006 12:08 PM:We should consider what the military is for and separate it’s duties from that of a common policeman. I still don’t understand why our people are even over their, but that’s a different story all together, we should not be policing the various areas of that country, if we are in a war then we should take no prisoners (lord knows what Bush has done to the ones we do have)we should kill all of them, nuke the whole uncivilized country, and a side effect of that action will send a clear signal to everyone else (Iran), Our own Adolf Bush is in charge and you better watch out!

Mary wrote on Jun 2, 2006 1:14 PM:As the mother of a military aged son, I keep wondering what it must be like to have randomly been attached to a group who ends alledgely killing innocent civilians and simply gettng caught up in the emotion of the moment. The military trains people to work as a group and individuality is actually instilled out of them during training. I am sure under different circumstance these same guys would be jumping into lakes to save a drowning person no matter who they were. Such as sad time for America.

John wrote on Jun 2, 2006 8:04 PM:I think in every large organization there are those that sit back and wait for the opportunity to attack their own members, so that their own careers may be advanced. These are the snakes in the grass. Beware! They would sell their mothers if it meant a promotion. I agree with the first poster. Quit using marines and soldiers as police! Either get out or kill everything that is the least bit threatening. Don't our men (and a few women, but 99.9%men) deserve that? Bush is good compared to Kerry, but that isn't saying much.

Leon wrote on Jun 2, 2006 11:18 PM: If what is said in the news account is correct, an Article 32 is not the equivalent of a Federal Grand Jury. My understanding is that Grand Juries conduct investigations to determine if Probable Cause exists, and if so a True Bill Of Indictment is Issued to a judge ordering the arrest of the suspect(s.) The suspect will then be tried at a Petty Trial, before twelve jurors, to determine guilt or innocence. This news account reports that the Marines are in solitary confinement and they have not had the benefit of an Article 32, and it has not been proven that there is probable cause to arrest and incarcerate any of them. In fact in federal cases, and this is a federal case, many suspects do not know that they are being investigated. The Grand Jury proceedings are held in secret to protect the suspect. If probable cause is not found the investigation is discontinued. The US Military has a responsibility to their personnel to protect their reputations at least until it has been established that a crime has been committed. The Marines will live with their records the rest of their lives. Instead, according to the news report, they have been placed in solatary confinement and it isn't even known that a crime was committed. something is amiss here, and somebody, and perhaps more than one, needs to get their story right.

perri. wrote on Jun 3, 2006 6:03 AM:These men should not be prosecuted. The president should be. They see fellow soldiers, being blown up by roadside bombs.Their constantly on edge.Never knowing if their next. Why dont the iraq people fight for their own country.Or at least help.I think it would be easy to think, an eye for an eye.Even though it might not be right.

Get the Marines OUT: wrote on Jun 3, 2006 6:30 AM:Murtha's plan NOW!

The brave men don't have a chance! wrote on Jun 3, 2006 9:21 AM:It is war people! Iraq is a country of radicals. It is kill or be killed. I agree, we should get out. If the Iraqi citizens who fled to other nations are not going to speak up in favor of these Marines, why are we there. Most Iraqi's aren't even willing go into harms way for their own country, so why should we. This terrible situation with the loss of civilian lives is common in all wars and can be explained quite simply as one thing, casualties of war! Sorry, but that is what it is called! Like it or not! This war, it ain't pretty! We should get out! Most of these people are cowards over there, they don't want to compromise, they don't even want to risk their own lives to stand for anything! Where are all the Iraq's who fled to America to escape Saddam? How come they aren't speaking up in support of these Americans Marines who would fight for them. Especially when they hide here in America and do not return to Iraq and join the ranks of their homeland's military. Because the are nomads without honor. You have been freed, no stand up on your own and take control of your own country. We here in America have stood up for our freedom, why don't you? Huh! Where are the refugees from Iraq reminding the American people what a killer Saddam was? Cowards!

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