Haditha witness alleges squad leader planned to kill

By: MARK WALKER --- Staff Writer | Friday, August 31, 2007 10:17 AM PDT

CAMP PENDLETON ---- One week before 24 civilians were slain by members of a Marine platoon in the Iraqi city of Haditha, the squad leader allegedly said his men should kill everyone in the area if they were attacked by a roadside bomb, a government witness alleged Friday.

Sgt. Sanick Dela Cruz made the accusation Friday morning during the second day of a hearing that will determine if the squad leader, Staff Sgt. Frank Wuterich, will face trial on 17 murder charges.

Dela Cruz said Wuterich's comment came during a conversation with him and another Marine after they learned a couple of its platoon members had been injured in a bombing one week prior to the Haditha civilian killings on Nov. 19, 2005.

"We found they had got hit and everyone was pretty upset about that," Dela Cruz said while being questioned by the lead prosecutor, Lt. Col. Sean Sullivan. "Sgt. Wuterich made the comment that if we ever get his again, we should kill everybody in that vicinity."

One week later, Wuterich was leading his squad on a resupply mission in Haditha when a roadside bomb destroyed a Humvee, killing a lance corporal and triggering the civilian killings.

Dela Cruz was charged last year with five counts of murder for his role at Haditha. But those charges were dropped earlier this year in exchange for his testimony against his former squad mates.

Immediately after the Nov. 19 bombing, Dela Cruz testified that Wuterich shot and killed five unarmed Iraqi men who emerged from a car that drove up.

"They were just standing around and some of them had their hands up," Dela Cruz said.

He acknowledged shooting those men also, but said he did so after each had fallen, to make sure they were dead.

Dela Cruz also testified that in a later conversation, Wuterich told him that if anyone asked about the men from the car, he should say they were running from the scene when they were shot. Running away would have suggested the men were involved in the bombing and therefore the shooting could have been deemed justifiable.

Wuterich's attorneys will cross-examine Dela Cruz later today and are expected to point out inconsistencies in prior statements he had made to investigators. A physical reconstruction of the scene near the car will be part of the defense case.

On Thursday, a Marine prosecutor said that a lance corporal told authorities investigating the Haditha incident that he and Wuterich were responsible for killing several women and children inside a home the Marines assaulted after the bombing.

The prosecutor, Lt. Col. Sean Sullivan, made the statement as he questioned Lance Cpl. Humberto Mendoza.

"Did you know that on April 3, 2006, Lance Cpl. (Stephen) Tatum gave a statement saying that he and Sgt. Wuterich shot the women and children?" Sullivan asked Mendoza.

Mendoza, who was granted immunity in exchange for his testimony, said he shot two men during the attack, including one Iraqi man who he said Wuterich ordered him to kill as the Iraqi stood in a doorway of the house where the women and children also died.

"Wait until I open the door and shoot," Mendoza quoted Wuterich as saying in reference to the killing of the man.

Wuterich has told investigators he was taking small-arms fire from one of the homes near the explosion and ordered his troops to consider anyone inside as the enemy.

"I told them to shoot first, ask questions later," he told authorities last year.

Wuterich's attorneys s argue the Iraqis killed inside their homes died as he and his squad carried out a legitimate combat action in response to being attacked.

The hearing officer presiding over Wuterich's case, Lt. Col. Paul Ware, recommended last week that murder charges against Tatum be dropped, saying he was following the lead of Wuterich and that the evidence against him was insufficient to warrant a trial.

See Saturday's North County Times for a full report on Friday's hearing.

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

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Neufusion wrote on Aug 31, 2007 11:48 AM:Get us out of there and stop this nonsense. We are losing americans and killing innocent people. How does this accomplish anything?

Conerned-1 Revised wrote on Aug 31, 2007 12:14 PM:Stop the madness! When in history have soldiers been prosecuted by their own country for alleged crimes committed on the battlefield? Who is going to prosecute the insurgents for beheading countless victims? I believe we have become so politically correct in this country that we are not capable of following through with a commitment such as we've exposed ourselves to in Iraq. Right or wrong, we are there now and we need to end it accordingly. Not with trials that—in my opinion--negate our ability to conduct foreign policy.

AW4cryinoutloud wrote on Aug 31, 2007 12:35 PM:If we were to adopt the rule that in war anything goes then what was our reason for going into Iraq? For the killing that Saddam did? Have we become no better than Saddam? All this demonstrates is that we should not be in Iraq. GET OUT NOW

Concerned-1 wrote on Aug 31, 2007 1:12 PM:It is obvious that our armed forces are, again, being forced into battle with one hand tied behind their backs and with little support from their own government--Harry Reid, etc.--or their country--Cindy Shehan, Move-on, etc. It's dejavu all over again. What a bunch of idiots we are.

to AW4 wrote on Aug 31, 2007 1:17 PM:You go girl.

Brook wrote on Aug 31, 2007 2:55 PM:Even in war there's a difference between killing the "enemy" and murdering civilians. And just in case anyone is unclear on the concept: WE ARE NOT AT WAR WITH IRAQ!!! HELLO??? This is the "War on Terror" and we are fighting terrorists, NOT Iraqis. We're supposed to be defending the Iraqi people and helping them to establish a stable, democratic government. You don't do that by murdering innocent women and children in their homes, taking our vengence out on the ones we're supposed to defend. It's our utter failure to recognize this distinction that makes this war so intolerable.

AW4cryinoutloud wrote on Aug 31, 2007 3:30 PM:To 'to AW4': Sorry. The comments at 12:35PM were Not mine. Jihadist blogger is at it again. Can't speak for herself. I believe it's a female. If not; "It" should be.

ALPINE MAVEN wrote on Aug 31, 2007 3:38 PM:Well, here we go again.. The same tedious and repetitious baloney trotted out to be entered as key evidence in the prosecution of yet another Marine. The same old pattern: Put the squeeze on one guy, threaten him with life without parole in Leavenworth, but then be Mr Nice Guy and tell him that if he will testify AGAINST so and so, presto, all is forgiven and no problemo. Don't lose sight of the fact that these Marines are really very unsophisticated and naive and easily trapped into almost anything that a clever lawyer and investigator can throw at them. These are mostly young guys who have been brave soldiers, doing their duty, obeying orders, going through hell in Iraq, eating the dust, almost dying of the heat and witnessing buddies' blown to pieces and seeing their body parts strewn all over. These things didn't happen in the quietude of North County, they happened in Hell. DROP THESE RIDICULOUS PROCEEDINGS, LET THEM GO, NOW.

AW4cryinoutloud wrote on Aug 31, 2007 3:51 PM:Dela Cruz made a deal in order to avoid 5 counts of murder against him. That does not instill confidence in his testimony. It reminds me of Ilario Pantano's case. Those who accused him were proven to have been lying. Sorry 1:17PM; that wasn't me at 12:35PM. AW4.

nothing worst than some suit in marine Uniform wrote on Aug 31, 2007 5:32 PM:These so called lawyers or these so called lawyers who call themsleves Marines! War is hell! They did thier job in a crappy situation! This is cowards in the rear with the gear! Marines did thier job, let these guys go and stop this circus! Or get the Marines out of Iraq if you do not have the stomach to do this job! The dirty job the Marine have been doing! I say good job Marines, except you all need to stop being cowards and talking to these Officers who are afraid to stick together!

The Iraq country is much like the Mexico Government! wrote on Aug 31, 2007 5:36 PM:Both groups people are afraid to stay in thier own country and work or fight for thier country! Many run from thier crappy country to America and look for a hand out! Where are all the brave iraq's who are willing stand up and do the dirty job these Marines are do for them. The more and more I see the news, the more I see them for the cowards they are. Afraid to fight for thier homeland. Much like the Mexicans who run from Mexico instead of over throwing the haves and have not's style of government currentlt in power in that third world country in Mexico city! Pathetic both of them!

frank burns wrote on Aug 31, 2007 5:56 PM:Oncerned1 -- Of course all respectable countries court martial and prosecute soldiers when they commit atrocities on the battlefield. You don't know that? Wake up man. The soldier screws up, he goes to jail -- it is a punishable offense to engage in unsoldierly conduct, and killing the wrong people in cold blood is murder, under military law.

Paul wrote on Aug 31, 2007 6:49 PM:Sen. Craig got burned with a plea deal too. We know not to believe the plea deals--we learned that from AW4. Get off his back, just because he pled guilty we know that the police made him so it and he's a hero.

old soldier wrote on Sep 1, 2007 6:54 AM:If one of our military commits intentional, unjustified murder, they should be convicted and sentenced. Americans are under a microscope in this conflict. It's an unfortunate consequence of battle that some will resort to this kind of action. It's also unfortunate that we are fighting an enemy who are considered heroes for doing the same thing to innocent people; killing innocent men, women and children indiscriminately with car bombs and such.

Objective wrote on Sep 1, 2007 8:29 AM:Murder is muder. When soldiers use uncontrolled violence against civilians it is against all norms and rules of war and against the military ethos of all western countries and expressely so following the horrors of the second world war. The creaping political drive expressed by some to normalise abuse of civilians is handing to your enemies who the most powerful recuitment call known to man - that of just vengance.

Dick wrote on Sep 1, 2007 10:04 AM:To many mercies to our enemies have turned what could have been a 5 day war we win into a 5 year never ending war. With what mercy?

KGB wrote on Sep 1, 2007 11:38 AM:Someone said we are "no better than Saddam". In fact, our invasion of Iraq, a sovereign country, for no valid reason, has proven millions of times WORSE than anything Saddam ever dreamed of doing. Iraq was doing quite well before we invaded. Saddam may have been brutal to his enemies but he kept the "lid" on things and did not bother the average person. Anyone who belives the fairey tale of WMD and Al Queda at this point needs their head examined. Full stop.

matt wrote on Sep 1, 2007 11:56 AM:This is all bull..., but that is what goverments deal in. the Iraqi people are worthless as allies because they can't or won't fight for their own freedom. they deserve Saddam Hussien back in power. More likely someone much worse.

AW4cryinoutloud wrote on Sep 1, 2007 1:09 PM:At the end of the Gulf War Saddam agreed to certain terms with full knowledge that we would come back into Iraq and take him out of power. He did Not live up to his agreement. Saddam killed hundreds of thousands and you have the gall to say that we're the ones who are millions of times worse? Now That's the fairytale. The insurgency, Al Qaeda, ousted Saddam followers such as Hashim Ibrahim Awad, and all those who have come from 'wherever' to sacfifice their own Middle Eastern countrymen while trying to kill ours...those are the ones guilty of doing things a million times worse than anything our country has done. Saddam kept the lid on Corruption and Genocide. Tell the hundreds of thousands of tortured and murdered Iraqis, and those Iraqis and Kurds who were gassed and died horribly that there was no Weapon of Mass Destruction. You said Saddam didn't bother the "average" persons and their relatives? Tell that to those hundreds of thousands of "average" people. The fairytale resides in your mind.

clc wrote on Sep 1, 2007 1:59 PM:That's ridiculous. No one deserves to live under an evil dictator. Iraq was a very progressive country until Saddam came in and took over. He bankrupted the country and the people of Iraq lived in fear because he killed anyone who disagreed with him. This war has been handled very poorly, and we should get out as soon as we can. But at this point if we leave the whole country is going to fall into more chaos than it already is, and there is a strong chance that the wrong people will take over power. We should have killed Saddam then helped the right people come into power. Instead we've alienated a lot more of the population by doing stupid things like persecuting anyone who was involved with the former Iraqi government, anyone growing a poppy field, and by killing civilians. My heart go out to the boys fighting over there, but it sounds like Sgt. Frank Wuterich is doing the opposite of what a warrior is suppose to do.... protect innocent lives.

Justin wrote on Sep 1, 2007 4:27 PM:Concerned-1 wrote on Aug 31, 2007 1:12 PM: " It is obvious that our armed forces are, again, being forced into battle with one hand tied behind their backs and with little support from their own government--Harry Reid, etc.--or their country--Cindy Shehan, Move-on, etc. It's dejavu all over again. What a bunch of idiots we are. " Cindy Sheehans son died in Iraq. Have you had any kids die there? Whats your point? Why are YOU not in Iraq? Its easy to sit back and bump your gums about a war that YOU are not fighting. What a joke

Justin wrote on Sep 1, 2007 4:29 PM:Concerned-1 wrote on Aug 31, 2007 1:12 PM: " It is obvious that our armed forces are, again, being forced into battle with one hand tied behind their backs and with little support from their own government--Harry Reid, etc.--or their country--Cindy Shehan, Move-on, etc. It's dejavu all over again. What a bunch of idiots we are. " Cindy Sheehans son DIED in Iraq. Have YOU had any kids killed there? Why are YOU not there fighting? Its easy to bump your gums on your couch about Cindy Sheehan. If you were in HER shoes you wouldnt. I guarantee it.

REYKOOL wrote on Sep 1, 2007 5:15 PM:I AM TIRED TO READ ABOUT HOW EVIL SADDAM WAS IT SEEMS TO ME THAT AMERICANS ARE COMPLETELY IGNORANT OF HOW SADDAM TOOK OVER IRAQ. HE WAS IN 1969 CONTRACTED BY THE CIA TO ASSASSINATE THE FORMER IRAQI LEADER.AND..FAILED, SO SOMEBODY ELSE GOT THE JOB DONE DIDDERENTLY.... BY THE MID 70's SADDAM WAS THE RUTHLESS (ALWAYS BEEN) CHIEF OF INTERNAL SECURITY FOR THE BATH PARTY..UNTIL HE WAS ABLE TO TAKE OVER IRAQ WITH THE UNITED STATES HELP AND FINANCES(THROUGH OUR INTELLIGENCE AGENCIES) ....HE WAS A RUTHLESS DICTATOR CHOSEN BY THE UNITED STATES TO BE A PUPPET...FOR CONTROL OF OIL AND ABOVE ALL TO FIGHT AGAINST IRAN AT THE TIME...HIS AIR FORCED WAS TRAINED BY THE US AIR FORCE UNDER CARTER AND RAEGAN HE HAD ALSO FULL ACCESS TO NSA SATELLITE SPY INFO ON IRAN....IN 1986 IT WAS REVEALED THAT GASPARD WINDBURGHER THEN OUR DEFENSE SECRETARY AUTHOTIZED DELIVERY OF CHEMICAL WEAPONS TO IRAQ....IT IS DOCUMENTED.... WHAT THE CONTROLED US CORPORATE MEDIA DO NOT TELL THE AMERICAN PEOPLE IS THAT SADDAM HAD TO BE REMOVE FOR THE SIMPLE REASON THAT HE DECIDED TO NATIONALIZE THE OIL INDUSTRY IN OTHER WORDS TAKE CONTROL OF HIS OWN OIL AND TO SWITCH FROM DOLLARS TO EURO FOR THE TRANSACTIONS....THE PUPPETT DICTATOR WAS GETTING LOOSE..THEREFORE NO LONGER UNDER THE ANGLO AMERICAN EMPIRE CONTROL SO IN 1999/2000 WAY BEFORE 9/11 OUR NEO FASCIST GOVERNMENT DECIDED TO REMOVE HIM....NOT TO LIBERATE IRAQIS.....BUT TO REMOVE HIM AND ESTABLISH A PERMANENT BASE THERE WITH ANOTHER PUPPET IN ORDER TO COTROL THE FLOW AND OIL PRICE ( HIGH) AND TO BE ABLE TO INVADE OR BOMBARD OTHER OIL PRODUCERS AROUND WHO CHALLANGE THE STATUS QUO AND US UK ISRAELI MILITARY DOMINANCE IN THE REGION....WAKE UP IDIOTS STOP WATCHING FOX NEWS AND RUPERT MURDUCK PROPAGANDA.....

Gulf War Vet wrote on Sep 1, 2007 5:47 PM:What a mess,all this done for a LIE. 911 is a inside job,and the amercian public has been sold a bill of goods , forget it, you people are stupid ! do your own research and you will see, not worth talking to a bunch of sheep.

Jen wrote on Sep 1, 2007 6:18 PM:This situation developed because (a) the US public was never told of the real reason the US invaded Iraq (and I believe it's nothing to do with Saddam Hussein or even with the oil, but it's everything to do with bringing on the Christian fundamentalist fantasy of Armageddon which involves the creation of Israel and its security) and then (b) US soldiers are poorly prepared to deal with the stresses of war, plus their equipment is substandard and they receive no support, psychological as well as material. No wonder individual soldiers and officers resort to blind revenge against an enemy they are ill-equipped to understand. BRING ALL US SOLDIERS HOME!!!

AW4cryinoutloud wrote on Sep 1, 2007 6:27 PM:The post at 1:12PM on the 31st doesn't sound like Concerned-1. I could be wrong but, what with the Jihadist blogger who uses others names to screw up their comments it makes me wonder.

Reardon wrote on Sep 1, 2007 6:33 PM:To RETKOOL: Please have your caretaker increase your meds.

levi p. wrote on Sep 1, 2007 6:56 PM:Let's not forget this is an illegal occupation. Let's not forget we were lied to for going in. Let's not forget there is a difference between civilians and so called terrorists. Imagine for one moment if the Chinese entered the USA and started killing civilians how we might react. GET OUT NOW.

spaz alert wrote on Sep 1, 2007 8:03 PM:Remember Lt. Calley got off EASY for mass murder.They will get a slap on the wrist at best. Where are the executions for American War crimes?

Belisarius wrote on Sep 1, 2007 8:12 PM:Matt they have worse.....oligarchs using young soldiers to obtain and secure oil for the boys. War is hell but one must not lose his/her humanity.

Belisarius wrote on Sep 1, 2007 8:16 PM:Hey AW4 who provided Saddam with the gas and other means to kill those people. I'll give you one guess. The U.S has so much blood on their hands and i fear that Karma will have no mercy. Pride comes before the fall.

Peace4All wrote on Sep 1, 2007 8:48 PM:RetKool, you hit the nail right on the head!

Paulie wrote on Sep 1, 2007 9:58 PM:These poor soldiers are dying and now being tried for murder all for zionists. Only Israel benefits from these endless Middle East wars. Iraq is the beginning. As we commit war-crimes in Baghdad, the US gov't commits treason at home by opening mail, eliminating habeas corpus, using the judiciary to steal private lands, banning books like "America Deceived" from Amazon and Wikipedia, conducting warrantless wiretaps and engaging in illegal wars on behalf of AIPAC's 'money-men'. Soon, another US false-flag operation will occur (sinking of an Aircraft Carrier by Mossad) and the US will invade Iran.. Then we'll invade Syria, then Saudi Arabia, then Lebanon (again) then ....

C wrote on Sep 2, 2007 12:32 AM:Vote Ron Paul, and shop local- and check out what Ed and Elaine Brown in NH (another covered up story) are doing

robin wrote on Sep 2, 2007 11:52 AM:We installed Saddam Hussein,our Diplomat told him we would not get involved if he invaded Kuwait.When his troops were withdrawing from Kuwait,as he was asked to do,Bush Sr. had them ALL killed,along with untold numbers of civilians along the Highway of Death.The poison he used to kill the Kurds was supplied by us.Our sanctions during the 90's killed hundreds of thousands of innocent children Iraq was invaded illegaly according to International Law and Treaties that the US signed.Civilian Contractors(paid mercenaries)such as Blackwater employees,enjoy immunity from Iraqi Law.We hired more Contractors to torture people at Abu Graib.Dyna Corp has been charged with buying and selling slaves,but still has US Contracts The worse things go in the War on Terror,the more money Bush and his friends make,the more poer he steals from the people,and the more of our RIGHTS he takes away.His plans for 'Continuity of Government" do not include the Elected House or Senate,and they are NOT ALLOWED to see the plans because of "National Security"! WAKE UP! By all definitions our Executive Branch is guillty of WAR CRIMES and VIOLATION of OUR CONSTITUTION. Support the Troops,do not allow them to be used illegally to make Corporations Rich,and guess who owns most of the stock in these Corporations!

AW4cryinoutloud wrote on Sep 2, 2007 9:19 PM:To Belisaurius: Hey Belisaurius!... Do you think the Dems haven't done the same over the years? Puhleeze! I take it from your comment that you are not from here. You say the U.S. has so much blood on "their" hands. Also; I don't think you "fear" that karma will have no mercy. I think you can't wait!!!

gr wrote on Sep 3, 2007 3:47 AM:yes it was for control of the oil! and why not? Do you want normal people to have control f oil distribution, Or would you rather the world was held to ransom by religious nutjobs in dresses who control the world's oil and could and WOULD turn OFF the oil tap to western countries in order to destroy civilisation (ie the infidell civilisation)

Prince wrote on Sep 8, 2007 11:06 AM:I think that the blogger formerly known as AW4 and the "conterfeit AW4" are one in the same person. Perhaps she sets up this "jihadist nonsense" just to have something to distract from the dialogue. She certainly gives it undo attention.

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