Accused Haditha officer tells court he did nothing wrong
By: MARK WALKER - Staff Writer | ∞
CAMP PENDLETON -- A Marine captain testified Tuesday that the first word from the field about the deaths of 24 Iraqi civilians in the city of Haditha in 2005 attributed the fatalities to combat and that he never had reason to believe a war crime had been committed.
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Capt. Randy W. Stone, 34, made the assertion during a 25-minute address at the conclusion of seven days of testimony in a probable cause hearing that will determine if he is ordered to court-martial for dereliction of duty.
Stone was the legal affairs officer for Camp Pendleton's 3rd Battalion, 1st Marine Regiment in Iraq at the time of the killings, which took place at the hands of troops from the unit's Kilo Company. He is accused of dereliction for failing to order a formal investigation.
"I have never lied and have worked at all times to assist as best I could to shed light on what I knew and when I knew it," Stone told hearing officer Maj. Thomas McCann in a hushed courtroom. "The most frustrating thing is the reality that even looking at this whole matter through 20/20 hindsight, I know I was trying to help.
"My firm belief -- that there was no law of armed conflict violation -- was the foundation for what actions I did take as well as action I did not take," Stone said as he attempted to save his military career.
In closing arguments after Stone spoke, a prosecutor contended that Stone needed to be held accountable for failure to investigate a suspected violation of law, a suspicion that didn't arise until several weeks later when a Time magazine reporter said he had reason to believe a massacre had taken place.
"The evidence suggests he didn't do anything," Lt. Col. Paul Atterbury said of Stone. "The questions weren't asked (by Stone) of the right Marines."
The prosecutor also contended that Stone needed to serve as a moral compass for the battalion and therefore should have known to conduct at least a preliminary inquiry. The dead included two women and five children.
"He's responsible to make sure his fellow Marines do not become desensitized to the morally bruising environment that is the al Anbar province of Iraq," Atterbury said.
The case boils down to accountability, and Stone failed to carry out his job, the prosecutor said.
McCann also could consider additional charges of filing a false official statement for an e-mail Stone sent in late December to another Marine officer in which some of what he knew wasn't included, Atterbury contended, adding that a charge of conduct unbecoming an officer also could be levied.
Stone's attorney, Charles Gittins, said those suggestions typified the government's case, comparing the charging decision to a dartboard at which prosecutors blindly threw darts and filed criminal accusations on the basis of where the missiles landed
"This entire case is an illusion of the truth," Gittins said during his closing argument. "This whole thing stinks -- this can't be the way the Marine Corps does business."
None of the testimony from government witnesses showed that Stone knew anything beyond the first account given by the Marines who would ultimately face murder charges in the killing, Gittins said. That account indicated that the civilians were "collateral damage" killed during the course of a combat action and no investigation was necessary.
The attorney said that if his client is guilty, legal officers and other Marine commanders far up the chain of command are similarly guilty. Three other officers, including the former battalion commander, Lt. Col. Jeffrey Chessani, face similar charges.
Four enlisted men were accused of murder for their roles in the Haditha deaths, but that number dropped to three in early April when prosecutors dropped charges against Sgt. Sanick Dela Cruz, saying his testimony at the court hearings and any subsequent trials outweighed his involvement in the killings.
The slaying followed a roadside bombing that destroyed a Humvee on the morning of Nov. 19. After the bombing, five Iraqis who emerged from a nearby car were shot and killed, as were several civilians in nearby homes.
Maj. Kevin Gonzalez, the executive officer for the battalion in Haditha in 2005, was the last witness to testify before Stone spoke. Gonzalez said the 34-year-old native of Dunkirk, Md., was an able and competent officer who had been instructed to rely on higher-level legal affairs officers to determine when investigations were necessary.
"He was not expected to take affirmative action," Gonzalez said.
When Stone spoke, he delivered his remarks in a calm and clear voice while standing at a lectern. His comments were presented as an unsworn statement, meaning he could not be questioned by prosecutors. At its conclusion, he said he believed that justice will prevail.
"I have faith in this community and the military justice system to which I have devoted the past four years," he said.
The next step is for McCann to write a report to Lt. Gen. James Mattis stating whether he believes the evidence warrants sending Stone to trial. Mattis will make the final decision as head of Marine Corps forces in the Middle East and as commander of Camp Pendleton's I Marine Expeditionary Force.
Similar probable cause hearings for the other six defendants in the Haditha case take place at Camp Pendleton in the coming weeks.
Chessani is due in court at the end of this month.
-- Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
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wyobo wrote on May 15, 2007 7:38 PM:What is going on here? We send those men to a terrible situation and then send them to a court martial for doing anything to protect themselves. I do not agree with killing for the fun of it, but those men were attacked while on patrol. Maybe they did make a mistake, I don't know but having been in a situation like that, if someone is running toward you during an attack, they better be well marked as a friend if they are one. How can we do this to our troops when we sent them there???????? reminds me of viet nam all over again. just sent the boys out to get them killed and punish them if they fight back. What turds are running this anyway?
blunt wrote on May 15, 2007 9:19 PM:the guys you voted for are running this
John1 wrote on May 15, 2007 9:53 PM:I didn't vote for Hillary or Nancy
blunt wrote on May 15, 2007 10:57 PM:not the ones who lied, or brought us over
Yellow Dog wrote on May 16, 2007 6:12 AM:I didn't vote for Bush or Cheney or Cunningham or Issa or Delay or Lieberman or McCain or any of the other political pygmies either.
Father of two vets: wrote on May 16, 2007 6:58 AM: Do you think that mothers hate to see their children go to war only because they are afraid they might be killed? They raised the kid and they taught them, and they watched them grow and make mistakes, and they know that there is a likely hood that they will make mistakes while in the service of their country. And they know that the Marine Corp and their country are not as forgiving as their mothers. There is a real question I hear from time to time; Are we abusing our young men for world political reasons, to show that we know how and will prosecute our men for war crimes? To this vet and citizen, the trials had better prove them very innocent or very guilty beyond a reasonable doubt. No border line case allowed by the public. Happy recruiting.
Patriot 101 wrote on May 16, 2007 7:45 AM:I believe this whole trial is a sham. Our Marines are innocent. Stone was a hero from heroes family. Chessani was in for 19 years on his 3rd tour of duty in Iraq. Reads the Bible every day. Wuterich web page shows him playing Frisbee with Iraqi children. Grayson was up for Bronze medal. Do these sound like killers?
Alicia wrote on May 16, 2007 8:42 AM:I agree with wyobo
these marines wrote on May 16, 2007 9:33 AM:are prime examples of why every country despises the US. They should go to jail for a very long time. KIDS!!!
AEQUITAS ET VERITAS wrote on May 16, 2007 1:22 PM:Concentrating only on the case of Captain Stone, prosecuting him for dereliction is ridiculous in the extreme. He was new to the outfit and higher ranking officers up the chain of command said at the time that there was no violation of the rules of engagement, etc. General Mattis should find that there is no basis to go forward with the charges. Futhermore, Captain Stone is entitled to have that inserted in his personnel file to give him a totally clean bill. I would hope that he is given credit too for his service in Iraq, as should all military personnel serving there.
AW4cryinoutloud wrote on May 16, 2007 2:00 PM:In rebuttal to the post at 9:33AM; These Marines are NOT the prime example of why every country despises us! WHO says "every" country despises us? Our media? That's reassuring. If the majority of things you report about your country are negative and all you dwell on are scenes of small groups in other countries protesting, then I guess you could plant the idea that "every" country despises us. Heaven forbid the media focus on the positive anywhere in the world. It's as though the mainstream media has become the Enquirer of the 21st Century. OUR Marines have nothing to do with the 9:33AM accusation. It has to do with propaganda by the enemy that our media buys into. It has to do with our own politicians like, Gore, Pelosi, Murtha, Kerry, Clinton, Carter, etc., who suck up to other countries and complain about their own. Celebrities like Fonda (don't get me goin' on that one), Penn, Depp, Garafalo, Dixie ChirpN'Chick Maines, and the largest foul mouth of all; O'Donnell. Don't forget Sheehan. She's been a great help dissing our troops and this country. Don't forget Human Rights groups whose agenda is "admittedly" to protect those of Middle Eastern descent and those of color. Actually, they've done a great job of screwing all of our accused Marines. Anyone noticing any Human Rights Group standing up for these Marines or for the Marines "accused" in Hamdania? How can you forget Islamic Extremists, terrorists, insurgents (your basic everyday enemy) who preach hatred for US as infidels, and whose fantasy is to see all of us dead. And then what do we have for a military system of justice? Antiquated warriors who suck up to all of the above mentioned. It has nothing more to do with these Marines other than the FACT that they are being used as pawns in a dangerous game played by all of the above mentioned...who don't give a rat's tail how many innocent American reputations, careers, or lives are ruined in the process. AND...would Someone, for just once, dare to compare any "alleged" atrocity by the troops to the PROVEN atrocities of the insurgents, the IED planting, RPG launching, Barbaric, Torturing, Mutilating, Inhumane Cowards who hide behind women and children! Let's do a tally on THAT.
AW4cryinoutloud wrote on May 16, 2007 2:02 PM:To AEQUITAS ET VERITAS: WOW! Beautifully said.
AEQUITAS ET VERITAS wrote on May 16, 2007 4:13 PM:I really have come to believe that in many cases some of these preliminary hearings and courts-martial are cases of scapegoating. It is painful to note that no general officers or indeed, civilian authorities in the DOD, are being held accountable for their conduct in this war. Signals were given from Bush, Rumsfeld and others on down the line that anything goes, that whatever it takes to win is hunky dory. But just as soon as some poor grunt goes nuts from the heat of battle, the horrors of combat and drills a few insurgents, then HORRORS, HORRORS, and GOODNESS GRACIOUS, WHY WE CERTAINLY DON'T CONDONE SUCH BARBARIC BEHAVIOR. (OH AND BY THE WAY, NOW THAT WE'VE SAID THAT ~ DON'T FORGET TO VOTE FOR US NEXT ELECTION.) I'm thinking, who are these bozos that got us into this friggin mess in the first place?
point is good wrote on May 16, 2007 4:59 PM:AMEN to that!
Patriot 101 wrote on May 16, 2007 5:36 PM:To the 9:33 AM post The Marines could have been set up you know. That's what i believe. Why else would Al-Jazeera publish the names of the 23 + one Marine? = 24. I found it odd that the five in the TAXI killed were the same charges placed on Two Marines at the same time. How could both Marines kill the same person twice? Our Marines are innocent and i want to know something: February 26, 1991 President George HW Bush liberated KUWAIT from Saddam occupation. February 26, 1993 World tade center was attacked. So before you get on a band wagon against our Marines, you had better have ALL Facts, not those you hear from Jack Murtha or insurgents.
no wrong wrote on May 18, 2007 5:27 PM:They have lost their moral compass.
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