Marine 1st sergeant says he pressed for Haditha probe
By: MARK WALKER - Staff Writer | ∞
CAMP PENDLETON ---- A Marine 1st sergeant testified Wednesday morning that he believed the 2005 slaying of two dozen Iraqi civilians in the city of Haditha required an immediate investigation.
The high number of fatalities was "shocking," 1st Sgt. Albert Espinosa said, adding that soon afterwards he became increasingly frustrated that no formal review appeared to be taking place.
Espinosa's testimony came at the start of second day of a hearing for Capt. Randy Stone, a battalion lawyer charged with dereliction of duty for not conducting a full-scale investigation of the incident.
"I just couldn't believe it, sir," Espinosa said in response to a question from Lt. Col. Paul Atterbury, one of three prosecutors handling the case against Stone. "It was just too many casualties."
Stone, 34, is one of four officers from Camp Pendleton's 3rd Battalion, 1st Marine Regiment charged with failing to fully investigate an alleged violation of the law of war.
Three enlisted men from the battalion's Kilo Company face homicide charges for the deaths that occurred after a roadside bomb destroyed a Humvee, killing one Marine and injuring two others. The storming of the homes followed the bombing as the Marines suspected insurgents were using them as a base of attack.
As the company's 1st sergeant, Espinosa testified that one week after the Nov. 19, 2005, incident, he initiated a conversation with Stone at the battalion's command center in Haditha because, "I wasn't happy with the answers I was getting. I thought we need to do an investigation."
Stone told him that a probe was taking place at the battalion level, Espinosa said, later adding that a sergeant major also said it was being addressed at a higher level.
Espinosa said he thought that statements should have been taken from the Marines linked to the killing because that was what had happened in a 2003 incident when a 12-year-old Iraqi girl was slain. Espinosa assisted in that investigaton
On Tuesday, another 1st lieutenant who ordered the assault of a group of homes where a majority of the civilians died from grenade and gunshot wounds testified that he believed the actions fell with the rules of engagement and that no investigation was necessary.
Under questioning by Stone's attorney Charles Gittins, Espinosa said he was unaware of what reports were being filed at the battalion level.
Gittins also said a regimental commander had determined that the civilians deaths were "collateral damage" and that no investigation was necessary. The defense attorney's statement made in the course of questioning Espinosa went unchallenged by prosecutors.
Later today, one of the men originally charged with homicide for the civilian killings, Sgt. Sanick Dela Cruz, is expected to testify. The charges against him were dropped last month after the Marine Corps said his testimony outweighed his involvement in the slayings.
The case against Stone is the first to reach court in the Haditha incident. At the conclusion of the hearing, the Marine Corps officer presiding over the testimony will write a report recommending whether he believes Stone should stand trial.
See Thursday's North County Times for a full report on Wednesday's testimony.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
Smilinjack wrote on May 9, 2007 11:49 AM:I have been impressed with the NCT coverage of this case; more detail has been available through your paper then any national source. Please keep it up! These people were killed by those who were sent representing us. I would hope that we can refrain from judgement as to what happened. It is wrong to assume that these guys were involved in wanton execution of innocents; it would be just as wrong to blindly assume that they were justified in their actions. We just don't know. I would hope that both sides on this issue would reserve judgement til the facts are reviewed, but I think probably people have their minds made up and don't want to be confused with the facts.
Reserve Judgement wrote on May 9, 2007 12:21 PM:I agree all the facts need to be gathered and I have full confidence that the Marine Corps will do the right thing.
blame, honor and responsibility wrote on May 9, 2007 12:57 PM:If one places their finger on the trigger and pulls, it is not the bullet's fault for what it hits and kills. Neither is it the rifle barrel's fault. Who made the decision to pull the trigger? The person who picked up the rifle? The person who ordered the person to fire? The person who issued the rifle? Marines will do what you tell them; like robots. I mean they are people, but if you tell them to go get the moon, and you are in charge, guess what? The Marines will die trying. ... with very few exceptions. It could be the Marines charged with murder are the bullets in this case. ... could. Please keep reporting this story with all your might. I'd really like to know who will have the honor and and take the responsibility to accept blame for the deaths that occured that day. It is easy to take down a junior enlisted man ... not so easy when you move upward. That is what Marines do though they step up and say "I was in charge, it was my order" ... at least that's what they say in the commercials and in the magazines, etc.
AW4cryinoutloud wrote on May 9, 2007 1:59 PM:If CNN, the Post and Time had put forth as much effort in "their" reporting from the beginning, these cases against our Marines may have taken a different path. It's unfathomable and pretty much unforgiveable, to me, that although the mainstream media stated (at the end) in their reports that none of the Iraqi witnesses accusations could be independently confirmed, they never followed up on it. How can you be a journalist seeking the facts about your own countrymen and not give a crap about the way you present that report? What an injustice they have done to our troops; reporting as though the word of Iraqi's was to be trusted over the word of our Marines. Then again; those who were giving the reports were actually Iraqi's and Iraqi media 'stringers', so how could there ever have been any impartial reporting? Had John Murtha not disgraced himself by making his unwarranted statements during the "ongoing" investigation, then McGirk, too cowardly to go to Iraq and do his own interviews, should never have reported anything more than what the military gave him. AWgee! I forgot. There are journalists in this country who have their own agendas. Wouldn't want a search for the truth to get in the way. I await the day to see what comes of the lawsuit against John Murtha. He not only made inflammatory statements against the Marines in Haditha; he also made a similar comment in an ABC television interview, against the Marines in the Hamdania incident. There was NO proof of anything. All NCIS had was coercion and intimidation. How could any American respect the way any of this has been handled? Did anyone watch "The Unit" last evening, right after NCIS? If you saw that storyline, there it is; the perfect example of screwing over those who fight for us. And don't bother to tell me it's just a TV show. Tell it to three young Marines who sit in the Brig at Pendleton. Tell it to the ones who made the plea deals. Tell it to those accused in the Haditha incident. Tell it to Staff Sgt. Ray Girouard. And tell it to the Marines in the Afghanistan incident. They are living it!
It's not smart. wrote on May 9, 2007 2:20 PM:For an NCO to question the leadership. This guy is toast.
There is. wrote on May 9, 2007 3:24 PM:No evidence that the Marines will do the right thing. They don't know what the right thing is.
Concerned-1 wrote on May 9, 2007 3:33 PM:Captain says one thing, 1st Sergeant says another. Looks like smoke to me, and where there is smoke, there is usually fire.
Concerned Party wrote on May 9, 2007 5:53 PM:If the 1stSgt had doubts, he certainly had a chain of command that started with his Company Commander. This testimony does no one any good, particularly the 1stSgt who appears to be deflecting blame as the senior enlisted Marine in that Company.
He better. wrote on May 9, 2007 6:48 PM:Be of retirement age. He is not allowed to speak the truth to power. That's just the way it is.
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