Legal affairs officer: Haditha decision not criminal

By: MARK WALKER - Staff Writer | Tuesday, May 15, 2007 3:13 PM PDT ∞

CAMP PENDLETON -- The failure of a Marine captain to investigate the slaying of two dozen Iraqi civilians in Haditha 18 months ago did not constitute criminal dereliction of duty, a top-level legal affairs officer assigned to investigate the matter testified Monday.


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The testimony from Col. John Ewers came on the sixth day of a hearing to determine if Capt. Randy Stone will be ordered to trial for dereliction of duty. Stone was the battalion's legal officer and stands accused of criminal conduct for not investigating the killings, which took place on the morning of Nov. 19, 2005.

"He didn't cover himself with glory ... but without being asked by his commander to do an investigation, I didn't think it rose to the level of criminal dereliction," Ewers said, addressing the heart of the accusations against Stone.

Ewers was assigned in early 2006 to find out why no one from Camp Pendleton's 3rd Battalion, 1st Marine Regiment nor any higher Marine Corps authority ordered an investigation of the incident, which was not probed until after questions were raised in January 2006 by a reporter from Time magazine.

Ewers said his initial determination was that the incident, in which members of the battalion's Kilo Company killed 24 Iraqi civilians after a roadside bomb destroyed a Humvee and killed a Marine, was a "reckless application of the rules of engagement."

As for the decision by battalion commander Lt. Col. Jeffrey Chessani and others not to order an investigation, Ewer said he was "astonished," adding there was "plenty of responsibility to go around" for that decision.

Stone's attorney Charles Gittins called Ewers to testify to establish that he never read the 34-year-old Maryland native his rights before interviewing him in Iraq on March 20, 2006.

Ewers was assigned by the Marine Corps to assist U.S. Army Maj. Gen. Eldon Bargewell in a review of how commanders responded to the news that civilians had been killed after the bombing.

He also testified that he did not believe Chessani placed much reliance on Stone and that Stone was "set up to fail" because he had joined the battalion after its deployment and was never fully integrated into the command staff.

Stone is one of four officers charged five months ago with dereliction of duty. The others are Chessani, 1st Lt. Andrew Grayson and Capt. Lucas McConnell.

Four enlisted men from Kilo Company were charged with murder, but the Marine Corps subsequently dropped the charges against Sgt. Sanick Dela Cruz in exchange for his testimony.

Ewers said the conclusions by the officers not to order a probe of how the civilian killings occurred because of their belief the deaths were simply the result of a bona fide combat action were invalid to the point of "silliness."

Earlier in the day, one of the top aides to Chessani testified that the battalion commander was angry when first told that Time magazine was alleging the civilian deaths amounted to a massacre by Marines.

"My Marines are not murderers," Lt. Col. Jeffrey Chessani responded when the allegations were brought to him in January 2006, according to Maj. Samuel Carrasco, the battalion's operations officer in Haditha.

Immediately after receiving an e-mail listing of the questions being raised by Time, Carrasco said he took the information to Chessani.

Until then, Carrasco said no one throughout the battalion or more senior commanders in Iraq asked any questions that would suggest the killings were anything other than a result of combat action.

The first civilians to die that day were five men who drove up in a car immediately after the bombing. Another 19 civilians died afterward when the Kilo Company troops stormed three nearby homes because of suspicions the bomb triggerman and insurgents were inside.

The Marine Corps initially said that 15 civilians died in crossfire and that eight insurgents had been killed.

Despite that first report, when the Marines were charged nine months later, the service said that 24 civilians were killed and did not identify any of the victims as suspected insurgents.

In the end, the Marine Corps made death benefit payments to survivors of all 24, Stone's attorney Gittins said Monday.

The testimony continues this morning and is expected to conclude today or Wednesday. When it does, prosecutors and defense attorneys will make a final summation to the hearing officer, Maj. Thomas McCann, who will then write a report to Lt. Gen. James Mattis stating whether he believes the evidence supports ordering Stone to trial.

Mattis will make the final decision in his capacity as head of Camp Pendleton's I Marine Expeditionary Force and commander of Marine forces throughout the Middle East.

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

13 comment(s)[-]Go to Top

Sharon wrote on May 14, 2007 6:11 PM:Three cheers for Lt Col Chessani!!! It's hard for our military to fight this war with imbedded reporters and a politically correct congress wanting to micromanage their every move. The President should pardon them pronto!

to Sharon wrote on May 14, 2007 7:13 PM:PArdon? I thought they were innocent? how about a trial first.

Concerned-1 wrote on May 14, 2007 7:14 PM:I agree there should be a trial first to see what facts come out.

facts of life wrote on May 14, 2007 8:56 PM:Marines don't lie, cheat, or steal. There. Now we can all go home and watch Idol.

Right. wrote on May 15, 2007 2:55 AM:Everyone was doing their job. Just folowing orders. That's all.

Patriot 101 wrote on May 15, 2007 9:30 AM:Amazing that Stone's rights were not read to him on March 20, 2006. Michael Moore (probably courtesy of TIME) posted article on MM website on March 21, 2006. Moore was in Iraq filming the Iraq election. Let's subpoena Michael Moore...........

Mark wrote on May 15, 2007 10:09 AM:Tim McGirk from Time Magazine had written the initial article that sparked this whole alleged cover-up. His article was written as a first hand account, as if he was there interviewing the young girl who survived and gave his own accounts of evidence. However, McGirk never was there...he never left the Green Zone because he was too scared. He used a ghost writer for the whole article. I think in addition to all the aricles and news blurbs about the Marines, there needs to be some articles investigating McGirk's own accounts and he needs to come clean about his own shady behavior.

AW4cryinoutloud wrote on May 15, 2007 4:01 PM:Hang in there Cpt. Stone. Not all Americans are of the rush to judgment mentality. Mark (the blogger) is right about McGirk and TIME. It's difficult enough that you and your "brothers" have to fight the propaganda and lies of the insurgents and Iraqi sympathizers, you have all been unjustly defamed by our own media, Human Rights groups, NCIS, Murtha, and now, the military justice system. Hopefully the military will grow up and stop persecuting their men for doing what they're trained to do, and stop nitpicking and Monday Morning Quarterbacking every move you guys make. Aside from the "few" who pre-judge you, the majority of Americans believe in you, respect you, and will stand by you.

AW4cryinoutloud wrote on May 15, 2007 4:49 PM:Wait a Minute! I thought those who investigate all of these Marines are supposed to be perfect. No flaws. Never do anything wrong. But Col. Ewers never read Cpt. Stone his rights before interviewing him in Iraq. How can that be; especially after hearing that NCIS, who investigated the Marines involved in the Hamdania incident, were so perfect, were to be believed even though they could not prove their statements, and that they never lie? The hearing officer and the prosecution didn't seem to think it was important that the Hamdania accused were denied the right to counsel and were coerced when they were investigated and interviewed in Iraq. What's that about? Does this military only care about the rights of anyone above the rank of Sergeant? Just follow the evidence!

USN Chief Ret wrote on May 15, 2007 5:52 PM:I have no idea why Capt. Stone is on trial. From all I have read he followed orders and reported what happened. If none of his superiors questioned his reports why is he on trial? Keep the faith Captain my prayers are with you.

John1 to AW4 wrote on May 15, 2007 9:57 PM:AW4: YES- the USMC Officers Are Blameless Club only goes after young, poor enlisted personnel. In this case, Capt Stone is obviously innocent and the IO cannot in good conscience recommend charges. The whole dog-and-pony show was put on to make believe senior ranks are somehow held "accountable". But the only convictions will be at the enlisted level.

AW4cryinoutloud: wrote on May 15, 2007 11:02 PM:To John1: I know. Everything I've learned about military cases and NCIS culminates in the enlisted man being investigated, coerced, forced to plea deal, and being sentenced; whereas, you can rarely find much against the upper ranks. One Congressman complained about the abuses of so many enlisted men being forced to plea deal, but nothing ever came of it. When there is anything brought against someone of higher rank it usually results in a slap on the wrist. Over the years complaints against NCIS, its practices, and its negligence in taping interrogations of our troops, are written off by the excuse that it would cost too much. This, coming from an organization so wealthy and powerful that it reaches domestically and militarily, as well as Globally. Yet it costs too much to prove their practices of interrogation of the lower ranking men. Where the hell are the protections for these guys? They're written into the UCMJ but are taken away by the authority and power of those overseeing it. And there is not supposed to be Abuse of Power or Unlawful Command Influence. What an everlovin' joke of a judicial system. All those fancy words and lengthy sentences to read and they all boil down to screwing the very ones who fight for us; who actually defend this country. A true warrior should be ashamed to be part of it. But, then again, we wouldn't want anyone to miss out on their promotions. That is much more important than the futures and the lives of those they've mentored.

Patriot 101 wrote on May 16, 2007 5:30 PM:The reason Sonte is on trial? because he was the initial target, because President Bush praised him as a Hero from a Heroes family. Guilty by association, especially if TIME magazine (ie Michael Moore) hate you.

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