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Tough going for defense funds in Haditha case
By: WILLIAM FINN BENNETT - Staff Writer | ∞
NORTH COUNTY -- The going is tough for two organizations as they try to raise money for the legal defense of a group of Camp Pendleton Marines charged with murder and other crimes in Haditha, Iraq, spokesmen for both groups said last week.
Although nearly three weeks have passed since the charges were filed, the defense fund has received just $1,200 in donations. Meanwhile, another defense fund group that is also trying to raise legal funds for the Haditha Marines has not received a dime in donations for the men, a spokesman for that group said.
While any service member who is accused of a crime is entitled to a court-appointed defense attorney who is also a member of the military, in major cases it is common for defendants' families to also hire civilian attorneys.
The president of Greensboro, N.C.-based the Warrior Fund said Friday that should a case go to court-martial, the costs of defending a member of the military with the assistance of a private attorney could run upward of $250,000.
"For a competitive attorney, that is just a start," said retired Marine Corps Maj. Bill Donahue, president of United American Patriots, which has a nonprofit defense fund called the Warriors Fund.
Though attorneys often take such cases at drastically reduced rates, costs can quickly mount to pay expenses for investigators, paralegals, forensic experts and trips overseas to interview witnesses, Donahue said.
Jack Zimmerman, a defense attorney who represents Haditha defendant Lance Cpl. Stephen Tatum, said Monday that the government will sometimes pay some of the costs associated with defending an accused troop. Other attorneys, however, say that obtaining that help from the government is often difficult.
In a Friday interview, the father of one of the Haditha defendants, Lance Cpl. Justin Sharratt, talked about how important it is to raise money to defend his son.
Dad says money key
"The money relates directly to what you can afford to do in defending our son," said Darryl Sharratt. "The more money you have, the more forensic experts you can bring in to rebut the government's evidence."
He said that his family is not rich and he knows the future is going to be tough, but they will do whatever it takes.
"We are willing to sell our home and live in a trailer," he said. "If I have to make $10 payments to (the attorney) for the rest of my life, I will do it."
Both organizations are trying to raise money for two different cases. One case is known as the Haditha case and the other as the Hamdania case.
Three of the Marines and the corpsman in that case reached plea deals with prosecutors and are now serving jail terms ranging from 12 to 21 months. Four other Marines pleaded not guilty and are awaiting courts-martial.
Some of the defendants have said the Iraqis drove up, then tried to run away when told to halt. Next, according to charges, the troops raided several nearby homes in pursuit of what they say they believed were their attackers. By the time the smoke had cleared, 19 more men, women and children were dead.
In late December, the Marine Corps charged four enlisted men with murder in the Haditha case. Also charged were four officers, accused of dereliction of duty and related offenses for allegedly failing to properly investigate and report on what happened.
Public relations issue?
Former Superior Court Judge Victor Ramirez, a board member with the Marine Legal Defense Fund in Carlsbad, said he believes one of the things making it difficult to raise money for the Haditha case is that the Marine Corps has been deft with its public relations.
That was not the case in the Hamdania incident, he said, where even before charges were filed, the men were put in the brig and put in shackles when they left their cells.
"The military clearly learned its lesson from the public outcry," in the Hamdania case, Ramirez said.
In a prepared statement Friday, a Camp Pendleton spokesman said that Haditha and Hamdania are two separate incidents and two separate investigations.
"Each case stands on its own facts," Lt. Col Sean Gibson said.
He said the decision to place a Marine in pretrial confinement is based on several factors specific to each Marine and the circumstances in his or her case. Those factors include: the existence of probable cause that an offense has been committed; the need to ensure that the Marine will show up for trial; the potential that the Marine may commit further misconduct; and the individual service record of each Marine, Gibson said.
Donations dried up
After the men were put in the brig in the Hamdania case, donations began pouring into the Carlsbad fund to help pay for the Marines' defense. And over the following weeks and months, the fund received about $60,000 in donations.
The Warrior Fund's Donahue painted a similarly bleak picture of fundraising of late. He said his group is attempting to raise money for several cases involving U.S. service members, including the defendants in the Haditha and Hamdania cases.
Ramirez and Donahue said that as soon as guilty pleas were entered for four of the eight men in the Hamdania case, donations dried up almost overnight.
Although the Warriors Fund Web site has extensive information on Hamdania and Haditha and asks for contributions to help pay for legal defense costs in both those cases and others, Donahue said thus far he has received no donations that are specifically earmarked for the Marines accused in the Haditha incident.
-- Contact staff writer William Finn Bennett at (760) 740-5426, or wbennett@nctimes.com.
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Donate wrote on Jan 16, 2007 8:59 PM:My check is going out today. Innocent until PROVEN guilty.
mark wrote on Jan 17, 2007 2:28 PM:Hamdania and Haditha are indeed two separate investigations. They have certainly shown the capricious roll of the dice methodology in the military justice system.
Mary Ann wrote on Jan 17, 2007 3:55 PM:Once again the press has shown how little real research they do before submitting articles to their editors. There are MANY funds out there collecting funds/donations for these two group of Marines and any US serviceman or woman in need of legal assistance. I know of one with well over six digits sitting in their coffers waiting to be distributed to those who are still awaiting due process. It would seem that Mr. Bennett wanted to join the mainstream media in jumping on the proverbial bandwagon to ruin the lives of these Marines. Mr. Bennett, let's make this clear, there are many who are quietly and diligently working to make sure that these fine Marines are allowed the right to due process that all Americans are supposed to enjoy. Shame on you!
to Mary Ann wrote on Jan 17, 2007 7:19 PM:I think this was a local story. Why is there six digits sitting in the coffers when their are those in need? What is so "shameful" about covering a local story?
to Mary Ann wrote on Jan 18, 2007 6:53 AM: I believe the article was written to illicit funds; it was intended to motivate people to donate. Most of the coverage by NCT, has been extremely sympathetic to the accused.
Mary Ann wrote on Jan 18, 2007 5:08 PM:To respond to the comments above, the money is in the process of being distributed to those who still have charges pending. Have no fear, they are being distributed in the very near future. I couldn't decide if the writer was attempting to illicit funds for these Marines or if he was attempting to paint a bleak picture. One would assume that if he were sympathetic to the cause he would have, at the very least, included the websites for each of the Funds that were mentioned and simply state that he would encourage those wanting to donate to do so. It appears that Mr. Bennett needs to express his "extreme sympathy" using more direct language.
"Illicit" funds? wrote on Jan 18, 2007 8:09 PM:Uh, I think you mean they are trying to "solicit" funds :) ~ though 'illicit' is funnier, in a sarcastic way, under these circumstances
Neil wrote on Jan 19, 2007 3:34 PM:I am a board member of the Marine Legal Defense Fund, Inc., a 501 c3 organization, that collects and distributes donations to Marines in need of such funds. I was present at the meeting where Mr. Bennett obtained his information. We gave him the opportunity to observe the entire meeting and gather all of the information necessary to write about our efforts. I did not see our name, website or accounts receivable mentioned anywhere. Mr. Bennett came with an agenda and wrote about it. Look on the web for the info that should have been reported.
righto wrote on Jan 20, 2007 9:36 AM:I did mean solicit or perhaps elicit; humble apologies and thanks. But your right for a malapropism it was comical.
Stryker Mom wrote on Jul 1, 2007 3:12 PM:I just read through the posts and saw no place to donate. Can that be added somewhere? I find it unbelievable that we prosecute OUR BOYS during time of war. Any country that tries to fight a politically correct war will soon find itself on the losing end...i.e, Vietnam. God help us. My heart breaks for these precious Marines. God bless our troops.
Julie wrote on Jul 25, 2007 9:31 AM:I read the article looking specifically for a website or address for donations, with the intentions of donating. Didn't see it anywhere. What's up?
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