Haditha lawyers protest leak; claim news reports could taint jury pool
By: WILLIAM FINN BENNETT - Staff Writer | ∞
NORTH COUNTY -- Attorneys representing two of four Marines accused of killing 24 civilians in Iraq in 2005 have asked for a formal probe to determine who leaked the contents of a massive investigation about what happened that day.
The attorneys were reacting to recent Washington Post publications of material from the Naval Criminal Investigative Service report into the slayings that took place in the city of Haditha.
"I think whoever did it should be severely sanctioned," Jack Zimmerman, an attorney representing Lance Cpl. Stephen Tatum, said of the leak. "It hasn't been tested for reliability, it hasn't been subject to cross examination."
Zimmerman and attorneys for Staff Sgt. Frank Wuterich have each asked for the probe. Release of the information could unfairly taint the case, Zimmerman said during a telephone interview from his offices in Houston.
Eight men have been charged in connection with the deaths of 24 unarmed civilians in the city on Nov. 19, 2005. The deaths occurred after a roadside bomb exploded, killing one of 13 Marines who were in a convoy. After the bombing, the Marines are alleged to have shot five men who drove by the scene. The squad then stormed several nearby homes in search of the insurgents they believed were responsible for the bombing. By the time it was over, 19 more people, including women and children, were dead.
Last month, charges ranging from unpremeditated murder to negligent homicide were filed against four enlisted men of the 3rd Battalion, 1st Marine Regiment: Tatum, 25; Wuterich, 26; Sgt. Sanick Dela Cruz, 24; and Lance Cpl. Justin Sharratt, 22.
Four officers also were charged with dereliction of duty and related offenses for the way in which they handled the initial investigation into what happened. Those men were: Lt. Col. Jeffrey Chessani, 42; Capt. Randy Stone, 34; 1st Lt. Andrew Grayson, 25; and Capt. Lucas McConnell, 31.
The Washington Post stories included information in the investigation file of the Naval Criminal Investigative Service from interviews with eyewitnesses who allege the Marines had gunned down five men before storming several nearby homes in search of insurgents.
On Jan. 8 -- two days after the first article was published in the Post -- Zimmerman sent a letter to Marine Corps Lt. Gen. James Mattis, asking him to order an investigation into who was responsible for the leak.
Mattis is commander of the I Marine Expeditionary Force and the convening authority overseeing the case against eight Camp Pendleton Marines accused of crimes in the Haditha incident.
"The prosecution or defense can be prejudiced when untested information is released to potential jurors," Zimmerman said.
In military justice, the juries are known as panels and jurors as panel members. The panels are made up of other military personnel, both officers and enlisted.
Wuterich attorney Neal Puckett said Monday that he also had sent a letter to Mattis requesting the source of the leak be tracked down.
"All of the evidence in the case is now in the news media," Puckett said during a telephone interview from his office in Washington. "It's raw data, untested by the court system and can be misinterpreted."
The North County Times has not been able to obtain a copy of the report.
-- Contact staff writer William Finn Bennett at (760) 740-5426, or wbennett@nctimes.com.
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AW4cryinoutloud wrote on Jan 15, 2007 11:54 PM:Ya gotta love this one: The Washington Post stories included information in the INVESTIGATION FILE OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE. Now "NCIS" investigators will be the ones to find out who the culprit might be. Where's "Deep Throat" when you need him???? I wouldn't even care if he puffed smoke in my face.
to AW4cryinoutloud wrote on Jan 16, 2007 11:21 AM:You can always be counted on to scream bloddy murder about bad police work. Damn liberals
AW4cryinoutloud wrote on Jan 16, 2007 11:32 AM:To the post at 11:21AM: Thanks for agreeing that there was bad police work. Do you think that the only Americans who can protest something are the ones who won't stand up for their own? Dream on! I was under the impression that WE have a Constitutional right to protest anything unjust. I don't get the "Damn Liberals" part. It's rare that I refer to liberals. At this point in this country, I think there's a lot more going on than just liberal against conservative. And one day, if we don't all get on the same page, we're going to look as dumb as those who fought the Civil War.
Mergatroid wrote on Jan 16, 2007 11:38 AM:It was those "damn liberals" and pinkos who freed the slaves and gave women the right to vote! What's next? I shudder to think--maybe restore the constitutional right of privacy. Heavens....!
Come Together: wrote on Jan 16, 2007 11:48 AM:Those who protest this illegal war ARE STANDING UP FOR OUR OWN! God Bless Murtha and Hagel and Kennedy and Brownback--this isnt a partisan matter it is patriotic to resist reckless cowboy policies that start off with a "bring em on" bravado. Each life is precious.
Concerned wrote on Jan 16, 2007 12:29 PM:Back toward the story...This whole trial reeks of politically correct civilians applying new age foreign policy. The war may be wrong, but the way we are dealing with it both at home an a broad is a travesty. If we have boots on the ground, they should not be endangered by polical hacks trying to make deals in the middle east.
AW4cryinoutloud wrote on Jan 16, 2007 2:18 PM:To Come Together: Your comment about this not being a partisan matter shoud be aimed at the commentor at 11:21AM; not at me. I just responded to it. Try reading the actual words. You're wrong about another thing. My focus has never beenabout protesting the war. Of course you have the right to do so. What I protest and find fault with are those who do not stand up for the very ones who are actually doing the fighting in this war. If you don't stand up for them and give them the benefit of the doubt when they are accused of something...You are not standing up for your own!!! The names you mentioned do not stand up for our Marines. Murtha? The worst of all because he's a retired Marine. He should know better. YOU have no patent on feeling that Each Life Is Precious. How about the lives of the ones you can't seem to stand up for? Those are also precious lives. In a perfect world we wouldn't have wars. Had we not gone into Afghanistan and Iraq; just how long do you think it would have been before the "next" attack? If anything has been accomplished in all this it's the fact that terrorists no longer hide in the shadows of our ignorance. We know them for what they are. To me, it's like a cancer. The sooner you're aware of it, the sooner you can fight it.
AW4cryinoutloud wrote on Jan 16, 2007 2:28 PM:To Come Together: Your comment about this not being a partisan matter shoud be aimed at the commentor at 11:21AM; not at me. I just responded to it. Try reading the actual words. You're wrong about another thing. My focus has never been about protesting the war. Of course you have the right to do so. What I protest and find fault with are those who do not stand up for the very ones who are actually doing the fighting in this war. If you don't stand up for them and give them the benefit of the doubt when they are accused of something...You are not standing up for your own!!! The names you mentioned do not stand up for our Marines. Murtha? The worst of all because he's a retired Marine. He should know better. YOU have no patent on feeling that Each Life Is Precious. How about the lives of the ones you can't seem to stand up for? Those are also precious lives. In a perfect world we wouldn't have wars. Had we not gone into Afghanistan and Iraq; just how long do you think it would have been before the "next" attack? If anything has been accomplished in all this it's the fact that terrorists no longer hide in the shadows of our ignorance. We know them for what they are. To me, it's like a cancer. The sooner you're aware of it, the sooner you can fight it.
Harry wrote on Jan 16, 2007 3:02 PM:Back to the story: I don't understand the concern about tainting the jury pool; we are used to extensive and prejudicial pretrial publicity about every high profile criminal case. They always find jurors who say that they can make an independant decision based upon the evidence--who the attorneys believe can be impartial and I believe that they can. I think this concern is a "red herring". I agree that the leak is wrong and is motivated by the desire of the prosecution to gain some public support and is self serving--but I don't think it effects the outcome.
AW4cryinoutloud wrote on Jan 16, 2007 3:22 PM:Sorry about the double. Didn't think it took. Nothing moved when clicked the comment box. OOPS!!
John1 to Harry wrote on Jan 16, 2007 3:45 PM:Harry, the Duke rape case started with prosecution leaks; now where is that case- where is that prosecutor? In a military trial, the prosecutors run the show right up to trial, make no doubt about it. All of what you said is true, but based on some the of high profile misconduct seen lately by prosecutors, shouldn't the public be aware, and ask the hard questions?
to John1 wrote on Jan 16, 2007 4:39 PM:Yes, the public should ask the hard questions about prosecutorial misconduct. I agree, and I am concerned about those cases where the innocent are convicted. It happens, I know it does. Leonard Pelltier, the native american activist is the case I am most convinced an innocent man remains in prison and no president of either party has been willing to pardon him and correct the injustice. signed Harry
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