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Hearing wraps for Marine accused of killing women, children
By: TERI FIGUEROA - Staff Writer | ∞
CAMP PENDLETON -- The fate of a Camp Pendleton Marine who said he and squad mates stormed two Iraqi homes and opened fire on people who turned out to be civilians was put in the hands of a military hearing officer Wednesday.
Prosecutors in a base courtroom told the officer, similar to a judge, that Lance Cpl. Stephen Tatum knew he was targeting women and children, and should be punished for his role in what has become the largest prosecution of war crimes to come out of Iraq since the U.S. invaded that country in 2003.
Tatum's attorneys argued his actions were proper battlefield decisions, that he was following his training -- and that he never knew women and very young children were at the other end of his gun.
"You can't sit back in an air-conditioned room at Camp Pendleton and second-guess these men. It's 20/20 hindsight," argued Jack Zimmermann, a Houston civilian attorney representing Tatum.
The women and children who died in that room were among the 24 Iraqis killed by Marines in the aftermath of a roadside bomb that killed a buddy in the village of Haditha. Tatum and two other enlisted Marines -- Staff Sgt. Frank Wuterich and Lance Cpl. Justin Sharratt -- face homicide charges in the Haditha incident.
On Wednesday, after seven days of testimony in Tatum's case, attorneys on both sides made closing arguments to a military officer who will evaluate the case and recommend to Lt. Gen. James Mattis whether Tatum should be sent to court-martial for murder and other charges.
Prosecutors contend that Camp Pendleton-based Marines raided four homes and killed Iraqis in retaliation for the death of Lance Cpl. Miguel Terrazas and the wounding of two others in the convoy less than an hour after sunrise.
The case may turn on the rules of when troops are allowed to shoot to kill.
The military officer overseeing the hearing, Lt. Col. Paul Ware, asked both sides to submit written arguments about the role of rules of engagement in Tatum's case. He will issue his recommendation sometime after that.
In his closing argument, Lt. Col. Paul Atterbury said Tatum went for his gun too quickly.
"In an effort to avoid unnecessary suffering of innocents, you are not permitted to go straight to deadly force," the military prosecutor said.
Atterbury dismissed the contention that Tatum didn't know he was shooting at women, at kids.
"Quite frankly, you don't need that much visibility to identify a group of children on a bed," Atterbury said.
Atterbury also pointed to statements that agents from the Naval Criminal Investigative Service say Tatum made, including three separate admissions that he knew he was shooting at children.
On Tuesday, Tatum told Ware in an unsworn statement that he never knew who his targets were.
Tatum and his co-defendants maintain they were the target of enemy gunfire after the explosion and ran into the homes in pursuit of their attackers.
"The central issue here is lack of criminal intent," defense attorney Zimmermann said.
He argued that it will be crucial to look at Tatum's point of view during the chaotic situation the day of the killings.
Tatum, he said, was told by senior Marines to attack the house, which had been declared hostile. He was also justified in joining Marines in pursuing someone spotted running toward a neighboring home, entering that home and shooting, Zimmerman said.
Marines are taught that they may use deadly force in such situations, he said.
-- Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.
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Lie Detector Tests wrote on Jul 26, 2007 5:19 AM:Isn't this the case where the guy being charged passed his lie detector test, but the guy the prosecution gave immunity to, after he admitted killing unarmed men, failed his lie detector test?
Judy wrote on Jul 26, 2007 8:07 AM:I sincerely hope that Tatum believes the story he is telling; otherwise he either has to live with the guilt of the killing the innocents, or he is a monster who has no conscience or morals. In either case he will probably be out and amongst us in short order, as the military justice system seems incapable of holding troops responsible for their misdeeds. I also sincerely hope that he neither has or ever has children of his own.
To Judy... wrote on Jul 26, 2007 8:33 AM:You sure are quick to play "GOD" in this role and convict him as guilty before all facts are presented..you were NOT there nor do you have any room to judge...These men and women (our troops) are dying and fighting for your right to be an hypocrite, how do we know that they were not insurgents? We don't, and we won't because they have perished. We are finding that women and children over there are also targeting and bombing our troops...I wonder why you are not fighting for our country? Are you to weak? Are you scared? In times of war, sometimes innocent people die, but we don't even know that...have you forgotten about September 11, 2001? When thousands of our American people, all innocent, died...You clearly must have...
to Judy wrote on Jul 26, 2007 1:17 PM:You are right on the money. This Marine is a monster and should spend the rest of his life in jail for mistakenly killing people in war. I hope he spends eternity in hell after being judged by your spiteful and unforgiving God. I am super glad that you pointed out that he shouldn't reproduce. Can you even imagine what type a child this selfless, honorable, courageous man would have?
vickie wrote on Jul 26, 2007 1:53 PM:Judy, I've known this kid since he was 10 yrs old. He has always been a polite, well-mannered young man that would not intentially hurt women and children. To call him a monster without morals shows how much you don't know what you are talking about. He will have to deal with the fact that children were killed for the rest of his life. And as for him having children of his own... a child would be lucky to have a parent like him instead of one like you who is so judgemental.
Zeke wrote on Jul 26, 2007 1:57 PM:To Judy. By your statement you seem to know more than anyone involved in this case, please feel free to elaborate on your knowledge as to the specifics of the case against LCpl Tatum as well as the accusations against all the Haditha Marines. (as the military justice system seems incapable of holding troops responsible for their misdeeds.) I'd also like to know what you base the above ridiculous statement on. This is only an Article 32 hearing to decide if the accused goes to a courts-martial. Before criticizing the accused or the entire system you should walk a mile in the shoes of one who has put his life on the line for your freedom and your rights. He deserves the presumption of innocence from all Americans until proven guilty.
Bill wrote on Jul 26, 2007 5:16 PM:Judy makes a simple and in the case of military court leniency, accurate comment and the rest of you jump on her with virulent vituperatives. Who's judging who? The facts are out and clear. It is you defenders of murderers in uniform who have pre-judged, based on your racism and zenophobia. "My country right or wrong?" That slogan and it's narrow-minded meaning is long dead. We'll be reading about these war criminals again, after they have commited the same or similar crimes here.
Roger From OKC wrote on Jul 30, 2007 11:33 AM:IT is of my knowledge knowing Stephen that he was never a man that wanted to just go on some kind of rampage. But when it comes to hostile house and your life or theirs.... Well i am sure you people can answer that yourselves. Stephen is a great guy whom i have the pleasure of calling friend and He took orders from his COMMANDING officers. and after him being at the Hell House in The initial raid he behaved in a manner that experiance and his training told him.
Lee wrote on Aug 3, 2007 6:05 AM:To all of the hypocrites like Judy, I must ask you just what you think war is? If this were to be some sort of tea party and friendship bracelet sharing event, then I seriously doubt the US Government would equip these men with maching guns to accomplish the task. It is absurd for you to sit back in your riches laden self-righteousness and prejudge a situation of which you have only media-bent facts.
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