Lawyer: Man at center of slaying allegations did nothing wrong
By: MARK WALKER - Staff Writer | ∞
NORTH COUNTY ---- An Ohio attorney representing a former Marine who has alleged that members of his platoon shot and killed eight Iraqi prisoners of war in 2004 declined to discuss specifics of the incident Friday, but did describe his client as a hero.
The attorney, former Marine Paul Hackett of Cincinnati, said that former Cpl. Ryan Weemer from Camp Pendleton's 3rd Battalion, 1st Marine Regiment did nothing wrong during the fight for the insurgent-riddled city of Fallujah, where the prisoners were allegedly killed.
"He's an American hero who demonstrated incredible valor at the request of his country in Iraq while protecting the lives of his fellow Marines," Hackett said during a telephone interview. "He did it with honor, without complaint and he literally shed blood for his country."
Weemer, who has refused requests for interviews, was shot and wounded by insurgents in Fallujah two days after the alleged POW incident that took place on Nov. 10, 2004.
Weemer was linked to an ongoing investigation of the incident earlier this week when Nat Helms, the author of a book on the Fallujah battle, said the 24-year-old Kentucky resident described the shooting during an interview last year.
According to Helms, Weemer first disclosed the alleged slayings during a routine polygraph examination as part of a job application for the Secret Service, which in turn notified the Naval Criminal Investigative Service of what Weemer had said.
Hackett said Weemer has yet to speak with agents from the civilian law enforcement agency. He also said he does not believe any criminal charges will result because of the lack of forensic evidence or any complaining witnesses.
"I don't think it should be further investigated," said Hackett, who served in Iraq in 2004 and ran an unsuccessful campaign as a Democrat for an Ohio congressional seat in 2005.
Hackett would not speak about the veracity of the story attributed to Weemer, but spoke at length about the difficulties and split-second choices that front-line troops are often forced to make.
"There are some decisions made in battle that are not perfect and are not right," he said. "But ultimately, I would ask every American who wants to second-guess the decisions of their young men fighting in Iraq and Afghanistan if they would rather have their sons come home in a body bag.
"There is a textbook answer for right and wrong that doesn't always translate to the real world."
'Credible allegations'
Hackett also said Weemer is "appropriately concerned" about the story he has told being made public.
Helms' version of the story was posted on the Web site, www.defendourmarines.com on Monday, three days after the investigation was first reported in a North County Times story.
The newspaper's story was confirmed Monday by a spokesman for the Naval Criminal Investigative Service who said that agents had been investigating the matter based upon "credible allegations of wrongdoing."
According to Helms' account of interviews with Weemer and other Marines who were in Fallujah, the suspected insurgents were being held in an abandoned house after being captured during combat. The house was subsequently destroyed by U.S. bombs after the Iraqis had been shot.
About 20 current and former Marines have been interviewed. Several have been read their rights and some have hired attorneys, according to sources with knowledge of the investigation.
Lt. Col. Willard A. Buhl, commander of the battalion at the time of the alleged killings, declined to comment on the investigation Friday.
"I like to let the justice (system) work itself through procedurally," Buhl told The Associated Press.
Dilemma for Marine Corps
Gary Solis, a Washington-based military law expert who spent more than two decades as a Marine Corps lawyer, including stints at Camp Pendleton, said the case presents a dilemma for the Marine Corps.
"First of all, there is no statute of limitations on war crimes or murder, so a prosecution is always possible," Solis said during a telephone interview. "But the further away in time from the event, the more difficult a prosecution becomes because recollections are no longer fresh and you won't have any physical evidence."
Solis, who teaches military law at Georgetown University and gives lectures around the world on the subject, said the Marine Corps has two choices to make at the end of the investigation should there be sufficient reason to believe that a crime was, in fact, committed.
"There apparently is evidence that it occurred, which calls for a prosecution," he said, adding that "any prosecutor would know going in that it would be a very difficult case to prove.
"On the other hand, the Marines could be accused of a cover-up if they don't pursue the case," he said.
The Fallujah probe is one of three Iraqi death cases involving Camp Pendleton troops. Eight men from the 3rd Battalion, 5th Marine Regiment were charged in June 2006 with the abduction and slaying of a retired Iraqi policeman in Hamdania.
In December of last year, eight men from the same battalion involved in the Fallujah probe were charged with crimes arising from the deaths of 24 civilians in the city of Haditha. Four officers were charged with dereliction of duty and four enlisted men were charged with murder. Charges were later dropped against one of the enlisted men in exchange for his testimony during ongoing court hearings at Camp Pendleton.
The Associated Press contributed material used in this report. Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
More Stories
Advertisement
AW4cryinoutloud wrote on Jul 7, 2007 12:15 AM:We wouldn't want the Marine Corps to be accused of a cover-up. Why not? Practically everyone in the administration has been accused of a cover-up for one thing or another. So, cover it up for craps sake. Why stop at covering up for politicians. They protect "their" own don't they? Scooter Libby walks and guys who would have given their lives for us sit in a jail cell for months, not knowing what their futures may hold. So why shouldn't the Corps protect its own? Whatever happened to Marines being admonished for over 200 years to do exactly that? General Hagee of the infamous, ridiculous, condescending, Core Values speech said on December 17, 2004: (Quote) "One of the things we're known for, beside being great warriors, is being great leaders, and the most important things about being a leader is TAKING CARE OF YOUR OWN PEOPLE"...we need to stay focused on what we're doing so that we can bring every single Marine back."..."Semper Fidelis, and KEEP ATTACKING". How soon they forget. Good gravy! Don't tell guys to keep attacking if you're going to make it a criminal act to do so.
AW4cryinoutloud wrote on Jul 7, 2007 12:18 AM:Sun Tzu: The Art of War..."One mark of a great soldier is that he fight on his own terms or fights not at all."
tom wrote on Jul 7, 2007 7:35 AM: war is war, is war, everybody hurts one way or another........unfortunately.
Just Wondering wrote on Jul 7, 2007 7:59 AM:if AW4cryinoutloud - do you have a job? If not, you ought to look into it, if so please work more. You obviously have too much time on your hands.
my 2 cents wrote on Jul 7, 2007 8:30 AM:There is no honor in killing prisoners or women or children; it maybe understandable that battle trained young men lose their sense of right and wrong, but that doesn't make it right. Shooting captives may be "understandable" but let's not make it sound heroic or valorous. But then again, in an immoral war, based on lies and arrogance, the real criminals are in Washington, not on the front lines.
Jim wrote on Jul 7, 2007 9:17 AM:Drop it! War is hell. Not a playground for the ACLU
DocEddy wrote on Jul 7, 2007 10:19 AM:To die for your cause is the enemies job Why does the USMC only ow to to left wing reporters, but will fight to the death for right wing politicians-who then bow down to the reporters again and sacrafice the only true heroes. Libby walks free, an educated man who knew better with no remorse or gonads-a man too weak to serve time in a hotel called prison, meanwhile 3/5 leaves their sons in REAL prison and destroys their lives for combat. Semper Fi-yeah right.
Lefty wrote on Jul 7, 2007 10:31 AM:It's about time to let the Corps do it's job without all of the bowing to political hacks in and out of the service. It's fine, I guess, to get wounded or killed, but God help us if we take out the scum without being a gentleman in the process.
and we wonder why... wrote on Jul 7, 2007 11:11 AM:our young people do not want to enlist in our military services...just imagine, you desire to protect the country that you love & admire so much, as well as the people who live here, yet when you do the job you are taught to do, to protect & serve, you then become a victim of your own doing...go figure!!! I would never allow my son/daughter to enlist in a military service these days within our "land of the free", unfortunately, I see it as signing their death certificate upon enlistment, afterall, one way or another they will not win in the end... sad part of all of this, my one & only nephew is a recruiter with our military forces & he does a superb job at it (one of the top in his field), I often wonder how he sleeps at night knowing how many young people he is convincing to go into this field of death, either by war, or by their higher ranked officers who choose to lead them in the incorrect direction...sad, sad, sad...all for the freedom we so crave in this great nation of ours...God bless America, Lord knows she needs it more now than ever!!!
Scott wrote on Jul 7, 2007 12:13 PM:Thanks to all our men and women in the armed services. I appreciate you doing what the back seat drivers in here don't have the guts to do.
esteban wrote on Jul 7, 2007 7:00 PM:To all our armed forces serving in some God forsaken hell hole....thank you and God bless you!!!!! Screw these anti-American nay-sayers!!!!!
AW4cryinoutloud wrote on Jul 7, 2007 10:16 PM:To Just Wondering: Oerhaps you should worry about the way you live your own life and stay the hell out of mine. None of your business whether I have a job. What are you doing up at 7:59AM with nothing more to do than make a pathetic attempt to insult me? What's the problem; have I cut into your time or do I just make too much sense and you can't handle it? Maybe you should take a vacation, get away from it all, and wait for your nose to get shorter. It must be a big one!
Just Wondering says wrote on Jul 8, 2007 12:24 PM:Got under your skin a little eh? FYI - I just got back from vacation and yes you are insulting to the world. Look at yourself up at 12:15 a.m. and still hot headed about the world at 10:15 p.m. Hum... guess I was right! Have a nice day.
Troop Supporter wrote on Jul 8, 2007 6:08 PM:NCIS should just drop this one - and I question their timing with their other so called investigations going on. Re: post at 11:11 - young people still do want to enlist in the Armed Forces - at least in my neighborhood. It's a good solid neighborhood. Also, I had to chuckle at your comment that you would not allow your son/daughter to enlist. They can enlist at age 18 with or without your consent. God bless our troops.
I agree wrote on Jul 8, 2007 7:06 PM:Troop supporter you are so right!
AW4cryinoutloud wrote on Jul 8, 2007 8:35 PM:To Just Wondering: Ignorance and Arrogance get under my skin. Odd that the "world", as you say, is insulted by me. That's a pretty big responsibility. Now that I'm aware of the tremendous influence I must have in the "world" maybe I can make a difference. Seems to me I got under your skin or you wouldn't find it necessary to take the time, AM or PM, to question my lifestyle. If I'm hot-headed about anything it's injustice against our troops. 24/7, AM to PM. No expiration date. Thanks for the last four words of your comment. Very familiar! Have a nice day yourself.
To Scott at 12:13 PM wrote on Jul 8, 2007 11:12 PM:It takes alot more "guts" to stand up to the militarists and their "storm troopers" than it does to cooperate with or excuse their crimes. Just ask a few million Poles, Ukrainians, Brits, Jews, etc. The ones that did gave their lives so that you could express your irreverent remarks. See you at the next "Bundt" rally.
First name only. Comments including last names, contact addresses, e-mail addresses or phone numbers will be deleted. Attempts to misrepresent your identity or impersonate any person will not be approved. All comments are screened before they appear online, so please keep them brief. Comments reflect the views of those commenting and not necessarily those of the North County Times or its staff writers. Click here to view additional comment policies.
Today's Stories
Advertisement