Lawyer wants accounting of classified material

By: MARK WALKER - Staff Writer | Tuesday, May 1, 2007 8:56 PM PDT ∞

NORTH COUNTY -- An attorney for a Marine captain charged with dereliction of duty in the slaying of two dozen Iraqi civilians in 2005 says he is seeking a full accounting of classified material related to the case.

Charles Gittins has requested the information as part of his preparation for a hearing starting Tuesday at Camp Pendleton for Capt. Randy Stone.

Stone was the staff legal officer for the base's 3rd Battalion, 1st Regiment when the civilian killings occurred in the wake of a roadside bombing on Nov. 19, 2005.

The 34-year-old Maryland native faces up to two years in prison and dismissal from the service if ordered to trial, convicted and sentenced to the maximum punishment.

Gittins maintains that Stone properly handled the initial reports of the deaths. He has asked that Maj. Gen. Richard Huck, who was the commander of the Marines in Haditha at the time, testify during Stone's Article 32 hearing.

Huck is expected to testify but it remains unclear if that will be done in person or by telephone. He is now working in a planning position in Washington.

The request for a breakdown of classified information is part of an effort to determine precisely what the government considers secret and how to access that material if necessary, according to a letter Gittins has submitted to Lt. Col. William Pigott, a Marine Corps officer who will preside over the hearing.

Stone's case will unfold in a base courtroom starting Tuesday and is expected to last at least four days.

He is one of four officers charged with wrongdoing in how they handled the first report of the civilian deaths. Three enlisted men face homicide charges for their roles in the killings.

The Stone case is the first from the Haditha incident to reach court. When the hearing is over, Pigott will write a recommendation stating whether he believes the case should move forward to court-martial or some other action be taken.

-- Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.

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