Sell
Research and Tools
Parts & Service
- Auto Parts
- Service & Repair
- Quick Searches
- Auto Repair
- Oil Change
Marine: Defendant ordered killings of women, children
By: TERI FIGUEROA - Staff Writer | ∞
CAMP PENDLETON -- A Marine lance corporal accused of killing Iraqi civilians told a buddy to shoot women and children cowering in the back bedroom of a Haditha home, his squad mate testified in a rapt courtroom Tuesday.
"I told him that there's womens and kids in that room," Lance Cpl. Humberto Mendoza said.
"He replied, 'Well, shoot them,' " continued Mendoza, whose native language is not English. "I replied, 'There's just womens and kids. There's no males, no threat, no hostile situation.' "
Mendoza said that when he refused the order, Lance Cpl. Stephen Tatum brushed past him and headed into the room himself.
"Next thing I know, I hear a lot of noise in the house," Mendoza said.
Mendoza's testimony came during the second day of an investigative hearing to determine whether there is enough evidence to send Tatum to trial for the killings of six Iraqis and the assaults of two others.
Tatum's attorneys flatly dispute the claims from Mendoza, who has acknowledged on the stand that he initially lied to investigators about the incident and did not report the conversation with Tatum for more than a year.
The defendant's lawyers also point to a polygraph test their client passed. Mendoza -- who admitted to killing two unarmed men during the melee -- was granted immunity from prosecution for his testimony.
Prosecutors say Tatum and other Marines stormed homes and killed 24 civilians Nov. 19, 2005, in retaliation for a bombing that shredded a Humvee in their convoy. The bombing killed Lance Cpl. Miguel "TJ" Terrazas and wounded two others.
Attorneys for Tatum and his co-defendants say the Marines were the target of gunfire after the explosion, and ran into the homes to chase their attackers.
On the stand, Mendoza said he did not feel threatened by people in the homes, but was told by squad mates that insurgents were inside.
The Haditha incident is the largest civilian killing case to result in criminal charges since the U.S. invasion of Iraq in 2003. Five young Iraqi men were shot to death outside a car that pulled up about the time of the explosion; 19 others were killed in nearby homes.
Questioned by lead prosecutor Lt. Col. Paul Atterbury, Mendoza said that shortly after a squad mate tossed a grenade into a bathroom, he opened a bedroom door and found women and children cowering.
They were alive, he said, and scared. And they were looking at him.
Mendoza said he closed the door and told Tatum what he had seen. That's when Tatum ordered him to shoot them.
"Was he joking?" Atterbury asked.
"No sir, he was very serious," Mendoza replied.
Mendoza returned to the home hours later as part of a team assigned to collect bodies.
"I found all of the womens and childrens dead," Mendoza testified. "They got multiple wounds everywhere."
Mendoza, who was a private first class at the time of the Haditha killings, said he did not know whether the sound he heard in the back bedroom was gunfire or a grenade.
Atterbury asked Mendoza whether he had asked Tatum what happened.
"I just didn't want to ask him," Mendoza replied.
"Why didn't you want to ask?" Atterbury said.
"I dunno, sir, I just ..." Mendoza said, not finishing his thought, but sitting silently and looking away.
On Dec. 21, the Marine Corps charged Tatum and three other enlisted men -- Lance Cpl. Justin Sharratt, Sgt. Sanick Dela Cruz and Staff Sgt. Frank Wuterich -- with the killings. Marine prosecutors also charged four commanding officers with dereliction of duty for allegedly failing to properly investigate and report what happened.
All of the men have said directly or through their attorneys or family members that they are innocent of any wrongdoing.
Tatum easily passed a polygraph test administered to him earlier this year at the request of his attorneys, according to results submitted as evidence.
The polygraph examiner deemed that Tatum had answered truthfully when he said he did not know there were women and children in the room before he opened fire.
During cross-examination, Mendoza acknowledged that he had failed a polygraph test he took after he changed his version of the events.
Tatum's attorney, Jack Zimmerman, suggested during questioning that a 13-year-old girl who survived the attack in the back bedroom said the first Marine to open fire in the room was shorter than she was. Zimmerman noted Mendoza's height, which is 5 feet 4 inches, and Tatum's height, at about 6 feet 2 inches.
Another of Tatum's squad mates testified that he saw Tatum's signature underneath 24 markings he said he believed signified the number of Iraqi victims. The markings were on an item that had belonged to the slain Terrazas, and was to be sent home to Terrazas' family, Dela Cruz said.
Dela Cruz himself faced homicide charges in the Haditha case, but they were dropped in exchange for immunity from prosecution because he agreed to testify against his squad mates.
Tatum's hearing is scheduled to continue through the rest of the week.
-- Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.
More Stories
Bob wrote on Jul 18, 2007 7:33 AM:Stop persecuting out troops and start winning the war! This country is being destroyed by the weak minded communist Democrats playing their politial games with the fine men and women of our great nation.
Concerned-1 wrote on Jul 18, 2007 8:16 AM:Great story for all those who hate America. Keep it up and we won't have an army to defend ourselves, then all the wonderful, rightous people will have to defend themselves...against people far worse than Tatum. Good luck with that.
LLB wrote on Jul 18, 2007 8:26 AM:Offering immunity from prosecution for the testimony of one person against another who were all accused of the same crime is offering an award to one guilty person for turning on the others. It creates a situation where testimony is self serving, and evidence doesn't get developed that would support any story but the prosecutions side of the story.
Tony wrote on Jul 18, 2007 8:52 AM:There is no honor in killing women and children.
John wrote on Jul 18, 2007 9:10 AM:What a mess! We went to set them free - not to slaughter. Now we are as bad as Saddam. Trained killers kill. They should never have been sent into manage this occupation. It is wrong. Bush has led our nation down a sewer of despair. IMPEACH BUSH AND CHENEY. END THIS WAR. STOP SPENDING MY TAX DOLLARS TO KILL WOMEN AND CHILDREN!
Keep the Faith wrote on Jul 18, 2007 9:13 AM:Keep the faith Marines. Remember back when there was the Mai Lai incident- no one did prison time and everyone was forgiven. You will be too.
It's a lie wrote on Jul 18, 2007 10:14 AM:No Marine would ever kill women and children. Put the head guy in jail. Then bring them ALL home with honor.
nate wrote on Jul 18, 2007 10:35 AM:Keep the Faith, so you condone their actions? I support all troops. Above all they must have honor. There is no honor in killing women or children. the rest of the honorable soldiers should shun the troops that do these cowardly acts.
hey moderator wrote on Jul 18, 2007 10:59 AM:why is it that people can call each other "idiots" over on the faith and values page (see the Hemingway posts), but you can't say it on a news page? What's up with the double standards? Is it because it wasn't marine friendly? No competition in the North County means you've decided to suck up to the powers that be in your coverage area in order to "make nice" instead letting people speak their minds in an OPEN FORUM and reporting the news. But what the hell do I know?
To it's a lie wrote on Jul 18, 2007 11:01 AM:where you there? How do you know its a lie? I'll take the word of someone who was actually there, thank you! Murder is murder, bro - it doesn't matter what uniform you're wearing. Down with killbots.
goodlaw? wrote on Jul 18, 2007 11:06 AM:I wonder if there where ever come a day when the defense can offer an accused immunity from punishment for testimony in favor of a fellow defendant? ...huh? ... OUTRAGOUS!
Bias wrote on Jul 18, 2007 12:45 PM:I got no problem killing women, but the children are definitely a no-no.
Still love you guys wrote on Jul 18, 2007 2:59 PM:Stay strong Marines! Regardless of what the verdict will be and regardless of what you may have or have not done, we still love you all.
This is stupid -- wrote on Jul 18, 2007 3:05 PM:The prosecution doesn't seem to be after the truth, he just wants to convict someone. The accused passes a lie detector test, but the guy who admits he's a liar, then proves it by failing a lie detector test, is given immunity. Shame on the Military Justice System!
NorCo wrote on Jul 18, 2007 4:20 PM:Anyone cowering in a corner should not be shot. "Bias" you're a piece of work. Who says such things? They have places for people like you.
poor Bob... wrote on Jul 18, 2007 4:37 PM:He calls "communists" Democrats weak-minded when he fails notice or aknowledge the actual implications of this incident. But don't worry "Bob", you and your friends (other "Conservatives"), help is on the way with the election of a Democrat president next year.
I don't believe. wrote on Jul 18, 2007 4:50 PM:Marines shoot women and children. They are not animals.
AW4cryinoutloud wrote on Jul 18, 2007 5:27 PM:Well, maybe I'm just impatient. I submitted comments at around 1:08PM. Not seein' them so will go another route. To: 7:38AM, 8:16AM, 8:26AM,11:06AM, 2:59PM, and 3:05PM: Ditto to what you guys said!
AW4cryinoutloud wrote on Jul 18, 2007 7:20 PM:To 7:33AM: Sorry, I put 7:38AM. I meant you in my 5:27PM. Gads! I hope I got it right this time. I need a course in typing.
Poor Norco wrote on Jul 18, 2007 7:52 PM:Women are adults just as men are. If they hang out with terrorists they might get shot as terrorists.
Its Pathetic wrote on Jul 18, 2007 9:08 PM: Does anyone really care whether AW4 agrees with 7:38, 8:16, 8:26, 11:06, 3:59 and 3:05. Egad just how colossal is her ego?
NorCo wrote on Jul 18, 2007 10:14 PM:News flash to the previous posting at 7:52P: Women in Iraq, Afghanistan, Saudi Arabia have no choice who the marry or who they "hang out with". Your blind ignorance is showing.
AW4cryinoutloud wrote on Jul 19, 2007 1:22 PM:To 'It's Pathetic: Yes it is. Your comment surely is because you see, $#*@* like yourself whine if my comments are too lengthy for your smidgen brain capacity. When my 'lengthy' comments did not post, I thought I'd make *$#@%* like yourself happy and go another, shorter route. SO! You may sit on your smidgen for all I care.
to moderator wrote on Jul 20, 2007 3:42 PM:why do you post comments by aw4 that attack other bloggers using words like "your smidgen brain capacity" and $#@% which are well recognized as substitute symbols for profanity?? I would think the NCT is better than that and that they would not allow that kind of vile behavior on their website!
AW4cryinoutloud wrote on Jul 20, 2007 5:52 PM:To 'to moderator': Excuse me! When did you become prosecutor, jury, and judge? First of all, you don't know what you're talking about, and the funny thing is that I can prove it. Go back to the first blogs on these articles and read the comments. You will see that I began using symbols "after" others did it. It was allowed and no one ever said otherwise. Had they, then I would have stopped. As for my calling names, you may also want to read same blogs and you will see many bloggers doing the same. In fact your comment reminds me of a couple of bloggers who used the names Harry, and Jay. They used insults that far surpass any silliness like the word 'smidgen'. Do you think it was ok for Harry to call me swine, or vile (Smidgen is not representative of vile behavior), or to say say that I was servicing the troops? I don't suppose you'd have complained when they asked a third guy to join them in insutling me. I suppose that's just fine with you. I don't expect that you would consider "that" vile; since it was said to "me". I didn't hear anyone asking NCT to stop. If you notice; I'm insulted all the time and respond in kind. Sometimes I get a dig in but have not used anything "vile". If NCT wants it to stop, then all concerned should be made to stop. I haven't seen you standing up for my right to express my own thoughts when some $#%*&@ (Oh! Sorry. Did I just do that?) uses my blog name to misrepresent my views. NCT hasn't stopped that either, so I live with it. Why don't you be an adult and just say what you really want. You're not really upset about whether or not I insult anyone. You just don't want me to blog and you're using that for your excuse. Just a smidgen cowardly don't you think?
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