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Charges dropped against officer in civilian slayings
By MARK WALKER --- Staff Writer | ∞
CAMP PENDLETON ---- Charges have been dropped against a Marine captain accused of criminal dereliction of duty for failing to investigate the deaths of two dozen Iraqi civilians in the city of Haditha in November 2005, military officials announced Tuesday.
The move leaves two of four officers and two of four enlisted men originally charged in the case still facing the possibility of courts-martial.
Capt. Lucas McConnell was charged with two counts of dereliction after Marine prosecutors said he failed to ensure the deaths were accurately reported and that the incident was immediately investigated.
In dismissing the charges, Lt. Gen. James Mattis ordered McConnell to cooperate with prosecutors and granted him immunity, meaning the 32-year-old officer's testimony against other Marines cannot later be used against him.
McConnell's attorney, Kevin McDermott, said his client didn't do anything wrong, that he never sought a deal and never asked for the immunity. He is not willing to cooperate with prosecutors, McDermott said.
"The government's case is falling apart around them and they need to make this look like an officer will be cooperating against the balance of the defendants," McDermott said. "Far from true; he will not."
The Marine Corps said in a statement issued Tuesday afternoon that Mattis decided unspecified "administrative measures are the appropriate response for any errors or omissions allegedly committed by McConnell."
Those measures could include a "letter of caution" or an appearance before a general for what is known as non-judicial punishment.
McConnell was commanding officer of the company that included the squad involved in the incident, but was not present when the Iraqis were killed.
The Haditha killings caused an international uproar when they became public in March of last year. A subsequent investigation into how the civilians died led to dereliction of duty and related charges against four officers and murder charges against four enlisted men.
The shootings followed a roadside bombing that killed a lance corporal and injured two other Marines.
Hearings conducted at Camp Pendleton this year led to the dismissal of charges against one of the officers, Capt. Randy Stone, and one of the enlisted men, Lance Cpl. Justin Sharratt.
Lt. Col. Paul Ware, the officer who presided over Sharratt's hearing, also oversaw the hearing for a second enlisted man, Lance Cpl. Stephen Tatum. Ware has recommended murder charges against Tatum also be dropped. A decision on that recommendation is pending.
In his reports, Ware said there was convincing evidence the lance corporals believed they were confronting armed insurgents.
Ware also presided over a hearing for Staff Sgt. Frank Wuterich, the Kilo Company squad leader from Camp Pendleton's 3rd Battalion, 1st Marine Regiment. During that hearing, Wuterich said he did not believe he or his squad did anything wrong in Haditha but that he mourned the civilian deaths.
Wuterich, who faces 17 counts of murder, was leading his squad on a resupply mission in Haditha on the morning of Nov. 19, 2005, when the bomb destroyed one of four Humvees, killing Lance Cpl. Miguel Terrazas and injuring the two other Marines.
Moments later, five men who emerged from a car that drove up were killed by Wuterich and another Marine.
Nineteen other Iraqis would die in the next few hours as Wuterich and his Marines stormed four homes after being ordered to take that action by Lt. William Kallop, who was wasn't charged in the case.
The man who commanded the battalion at Haditha, Lt. Col. Jeffrey Chessani, is awaiting word on whether he will face trial. The investigating officer who presided over his hearing has recommended he face court-martial.
Brian Rooney, one of Chessani's attorneys, said the lieutenant colonel's defense team was happy with the decision in the McConnell case.
"Nothing he (McConnell) can say will hurt us," Rooney said. "He was the one who talked to Lt. Kallopp and the Marines involved, and it was based upon his report that Col. Chessani accepted what had happened."
The fourth officer charged in the case, 1st Lt. Andrew Grayson, is scheduled to have his hearing sometime next month.
The fourth enlisted man charged with murder, Sgt. Sanick Dela Cruz, had five murder counts against him dismissed in exchange for his testimony.
Earlier this month, the Secretary of the Navy issued letters of censure to three Marine officers who weren't charged with wrongdoing at Haditha but were in the chain of command. The letters that went to Maj. Gen. Richard Huck and Cols. Stephen Davis and Robert Sokolosk said they had failed to carry out their duties.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
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DESERT BUG wrote on Sep 18, 2007 2:21 PM:Well, well. Here we have another plea bargain in exchange for coerced and shaped testimony. I only hope that Captain McConnell disregards prosecutorial pressure and tells the TRUTH in any testimony he may give. The charges against Sgt. Wuterich should be dismissed forthwith. His actions were a product of the exigiencies of war and hot combat and not criminal acts. Should bomber pilots be prosecuted because they dropped bombs that killed women and children incidental to the prosecution of a war? Of course not. The grenade rolled into the room with innocents in it are comparable to aerial bombs in that in neither case was their a SPECIFIC intent to kill innnocents present. Sgt Wuterich did NOT see women and children and THEN intentionally kill them. The facts of the case bear that out.
JohnW wrote on Sep 18, 2007 3:21 PM:If you read through the history of the US Military there has to be some one who has to take the fall for good PR. Even the General at Pearl Harbor was made to be a fall guy, even though he was just following orders and accepted procedures. The mentality that some one has to be blamed is what happens when the officer class becomes too cozy with the political system. Something went wrong so some one has to be sacrificed to balance the scales.
Good on You, General Mattis!... wrote on Sep 18, 2007 4:20 PM:It takes Great Courage and Character to make the Right Decisions in the Face of Politics, which You have made Many. We Marines are Proud to have You as Our Leader. Semper Fi! Retired Marine
George wrote on Sep 18, 2007 4:55 PM:Release the Marines now! Due to the sloppy government investigation, in my opinion, the Navy should apologize to the brave American men who were just defending themselves against fanatical and dangerous Islamic terrorists. It is a shame that so many American soldiers and Marines are being treated worse than POW's by being stabbed in the back by over-reaching prosecuters like in a witch hunt. Thanks and God Bless America.
We are at War wrote on Sep 18, 2007 5:53 PM:It was a disgrace that these Marines were dragged into the court room to begin with, God bless our Troops & all the Military in this fight. Thanks to the Editor for posting this story.
Mark ... wrote on Sep 18, 2007 7:22 PM:JohnW There was no wrong doing to begin with, there is no need for a fall guy. I want treason charges brought against the US reporter that LIED to us, and the prosecutors that are shamelessly doing this to our Marines. Shame on Pres. Bush for not standing with his Marines.
Lance wrote on Sep 18, 2007 7:29 PM:Once again, a travesty of justice is perpetrated and the people of Iraq are accorded little value or dignity. These marines were not attacking "fanatical islamic terrorits" they were in fact brutally murdering innocent civilians because they were upset by the loss of one of theirs. This was not a heat of battle incident but premeditated murder..lets call a spade a spade and stop defending the marines out of some misplaced sense of patriotism, a crime is a crime....
Mike wrote on Sep 18, 2007 8:21 PM:Release this brave marines! Arrest and convict Murtha! The Quisling of our times!
John1 to Lance wrote on Sep 18, 2007 8:30 PM:Lance, what did Capt Mcconnell do? He did not participate in anything.
Kent wrote on Sep 18, 2007 8:59 PM:Reflecting back on this incident may be almost humorous, considering we are now telegraphing our next move on Iran; which should have been three years ago, sigh.
liam wrote on Sep 18, 2007 9:28 PM:Insanity! These "marines" commit horrible murders and they're cheered on by most of your readers. Boy, do we have it coming, we really have it coming. And when we get ours, i have a feeling most of the rest of the world will be cheering,too!
liam wrote on Sep 18, 2007 9:35 PM:i guess you didn't like what i had to say. the truth can be "uncomfortable". don't worry ,i won't trouble you again. it's clearly a waste of my time and energy.
Noel wrote on Sep 18, 2007 9:51 PM:Thank you American courts... for confirming our justice system is corrupt! And whoever voted for Bush- I hope you realize, you played a part in these 17 murders.
Jimbo wrote on Sep 18, 2007 9:57 PM:My hat is off to all people who put their lives in jeopardy, especially for people at home who like to fault find and are, themsevles, gutless.
T. wrote on Sep 18, 2007 10:35 PM:Jimbo gets it!!! Yay! And to Noel...I hope you include yourself in this responsibility for these 17 murders because you are the infidel and the reason they kill Americans. They would do the same to you simply for that reason. Don't think for a minute that you are winning THEIR hearts by hating Bush and the Military. What an insane statement...anyone who voted for Bush played a part in these 17 murders! Geeeezz! Unbelievable. Are you Caucasian, Noel? Guess you'll be paying reparations to anyone who was related to anyone who was ever a slave. I swear some of you people need to see if you can get your money back for your virtual labotomies!
AW4cryinoutloud wrote on Sep 18, 2007 10:39 PM:To Lance: If the people of Iraq are accorded little value or dignity, it comes from the insurgency, NOT the Marines. Our guys are over there trying to help the Iraqi people. They do NOT kill indiscriminately. Your animosity is misplaced. Blame the insurgents, the "fanatical Islamic terrorists" that you don't think exist. Where have you been? Who do you think has been decapitating our people AND the Iraqi people? Safa Younis, the Iraqi girl, admitted she knew about the IED. If she knew it, you can bet her 'family' knew it. You want to accuse someone of premeditated murder? Good Grief! You are the one unable to call a spade a spade. How about if you stop defending the Terrorists out of some misplaced sense of...What?...sympathy for the enemy???
jc wrote on Sep 18, 2007 10:44 PM:Well, well, the savage nation strikes again...Thank you Michael for standing up for these military heroes and calling out the Bush administration zeros. Long live the Nation!
In these comments... wrote on Sep 19, 2007 4:41 AM:it becomes fairly clear fairly quickly who is actually following this case and those who don't know how to read, or don't bother to. Glad to hear McConnell will not cooperate with the Prosecutors -- who wants to be counted on THAT side of the table? Military Prosecutors have been behaving shamefully and have damaged American interests at home and abroad. It's good to see Mattis is being pro-active, as reflected here and in the Fallujah case where he dismissed charges "so he could evaluate the ongoing Naval Criminal Investigative Service investigation". Seems like he's on top of things...-
Justice wrote on Sep 19, 2007 5:23 AM:Dropping the charges for dereliction is certainly excellent news for Capt. McConnell who is a very fine officer, but it does not go far enough. Capt. McConnell does not merit criticism, administrative or otherwise. He should be totally exonerated. Government prosecutors and Washington politicians are eager to create scapegoats to curry favor with Sunni Arabs in Iraq. Faced with crumbling cases and defeat in the courtroom they have resorted to unilateral "administrative measures" against a number of officers who will now have no opportunity to defend themselves and fight back. Sounds to me like Washington politicians at work. Capt. McConnell should be totally exonerated. The Marine Corps needs him, and armchair bureaucrats need to stop second-guessing our combat troops in the field.-
Lm...o wrote on Sep 19, 2007 5:39 AM:I am flabbergasted that there are actually so many americans that still believe that the iraq war is about helping iraquis. That damn war is all about oil and enriching The chimp and all his cronies. And all the atrocities that are committed there will come back to each and every american soldier. And yes the rest of the world will be cheering when the americans get theirs back from the MURDERS they have committed there. Another thought how can people that are attacked in their homeland be insurgents and terrorists, i'd say the terrorists are none other that the damn americans there. Bush is the biggest terrorist the world has ever known.-
Stryker Mom wrote on Sep 19, 2007 7:17 AM:The NCIS should be investigated for their over-reaching, gestapo tactics. This is war! War is not always neat and tidy; especially when the enemy wears no uniform. God help us if the NCIS and the liberal media force us to fight a politically correct war. All of the brave Marines should be exonerated immediately so they may go on with their lives! Jack Murtha should be brought up on charges. God bless America and our troops!-
Stryker Mom wrote on Sep 19, 2007 7:38 AM:To Lance, Liam and Noel: Whenever our soldiers or marines are guilty of anything, they are, indeed, prosecuted and quite harshly. Why are you so quick to defame and target someone when evidence suggests they are innocent? Why do you have so much hatred and self-loathing? You should be grateful for those who are man enough to defend the rights of women, children, the infirmed...-
Tom wrote on Sep 19, 2007 8:24 AM:These charges should have never been brought. Our marines our fighting an enemy who does not recognize Geneva Convention rules. Our guys are being killed by only civilians, neo-con and liberal fools! They protect you fools.-
Matt wrote on Sep 19, 2007 8:32 AM:Please REREAD the article. It says, "...meaning the 32-year-old officer's testimony against other Marines cannot later be used against him." This is not a victory for the Marines, it is the powerful (i.e., officers) protecting their friends (other officers). What will the reaction be when/if he testifies against other Marines, just like Sgt. Cruz, "...had five murder counts against him dismissed in exchange for his testimony."-
Douglas wrote on Sep 19, 2007 8:36 AM:Liam - Can you give us a comment about the horrible murders of children and innocents deliberately committed almost every day by Islamic terrorists? What's your opinion of the continuing slaughter of women and children by arabs in Darfur? Is there a moral equivalence between these crimes and the deaths of innocents used as human shields by the Haditha terrorists? (By the way, Ilan, the Islamic terrorists are NOT leftists. They have attacked socialist countries - you DO remember the Beslan schoolchildren massacre? There is no question that they oppress women and Africans. Sometimes the enemies of America CAN actually be evil people)-
Concerned-1 wrote on Sep 19, 2007 10:24 AM:Maybe they should have never been there in the first place. For sure they should have never been charged. As far as an "international incident" is concerned. The New York Times and AP did that, not the Marines in question.
Motherof boys wrote on Sep 19, 2007 10:35 AM:I echo just about every sentiment already posted. ... Thank God this kind of scrutiny wasn't going on in WWII or we would have lost. We can't send our young men over to a war zone and then second guess everything they do. These marines need to be given medals for heroism,not punished. People like Murther and Pelosi are the ones who should be charged with "giving aid to the enemy". GOD BLESS THE MARINES AND ALL THE ARMED FORCES FIGHTING FOR US.
belinda wrote on Sep 19, 2007 10:41 AM:Where's the outrage for these innocent Marines held in jail for doing their duty? Where are all those complaing about the conditions in Guatanamo? Why aren't they picketing for these soldiers?
AW4cryinoutloud wrote on Sep 19, 2007 11:31 AM:To Lmfao: If you have such an aversion for what you refer to as the "damn Americans", this particular American suggests that you get your passport and use the damn thing.
ToLance wrote on Sep 19, 2007 12:49 PM:Would you pleaase not play in the grown-up sandbox and stay in pre-school where you obviously belong? Your comments so how ignorant you are of this topic. Why don't you, John Murtha and Tim McGirk all stop drinking the "I hate America Koolade". You make me sick. sign: a Proud Marine Mom.
whatchawannamakeofit wrote on Sep 19, 2007 1:06 PM:I have read everyone's comment and understand a lot of what's said, but the fact of the matter is it's a Political War that is focused mainly on oil. Until Bush gets out of office we will never be at peace and our military is paying the price. As for McConnell, he should not be charge for anything and none other Marine for that matter. Put yourselves in their shoes. Would you shoot and ask questions later after being bombed? I know I would. It's either me or them and trust I would make damn sure it isn't me. If we Americans want the war to be over then we must stand up and speak out and stop lettin the government (Bush) run the show!
DESERT BUG wrote on Sep 19, 2007 1:32 PM:It's amazing. It's amazing that there are still neanderthals & assorted boneheads who stubbornly and ignorantly condemn the very people who defend their right to be so ignorant and to spew nonsense on here. These brave Marines have been subjected to a relentless campaign of persecution with lies, distortions and warped accuasations hurled at them. Sergeant Hutchins sentenced to 15 years and Sergeant Wuterich facing the same or worse. Now some charges have been diluted and reduced. A hearing officer has recommended dismissal of many of the charges against other Marines. The convening authority (Mattis) has agreed. Doesn't that tell you SOMETHING about the utter weakness of the prosecution's ridiculous machinations?? Combat casualties INCIDENTAL to combat are NOT crimes. THAT IS THE NATURE OF WAR. GET IT??? If you are a pacifist totally opposed to ANY war, fine. In that case you should consider offering the olive branch and the dove of peace to the FANATICAL, MURDEROUS terrorists who brought down the World Trade Center and have slaughtered many of our brave Marines and other service members as well. They would behead you if you're lucky. You should stop and think of just what we are confronting in this war against terror!
DESERT BUG wrote on Sep 19, 2007 1:36 PM:President Bush: You have pardoned Scooter Libby. Aren't these Marines who have been so falsely and unfairly persecuted deserving of at least as much? Pardon them all and do it unconditionally.
To Lance... wrote on Sep 19, 2007 1:41 PM:You were there, when these events unfolded? Yo must have been to call them "Innocent Civilians". Until You put Yourself Physically in a Marine's Boots in Combat, You cannot Judge their Actions. Retired Marine
DESERT BUG wrote on Sep 19, 2007 1:51 PM:My wife and I drove through Camp Pendleton the other day, from the Main gate at Vandergrift to the Basilone Gate. Marines everywhere. Many of them young. All of them looked great. We are very proud of them. We live in Oceanside and are fortunate to have Camp Pendleton and its Marines as our neighbors! Hey, this is a Marine town. Semper fi.
craig wrote on Sep 19, 2007 3:15 PM:how many Marines will possibly hesitate because of political decisions like this to prosicute these Marines. How many of these Marines will not be future leaders for the same reason. Its a shame and saddens me as a former Marine. Just glad there are actual leaders willing to set this right.
American Terrorism wrote on Sep 19, 2007 5:34 PM:Who wanted this war? The Iraqi's... ummm no they didn't. Bush wanted to invade Iraq way before 9/11. Pull your head out and maybe you will be able to see what is really going on here. Why did the US not go after North Korea (who actually have nukes!!). Why? cos they don't have any natural resources that the US wants. Economic Terrorism is still terrorism. The marines are nothing more than stupid pawns in the bigger picture. When the US falls they will not find many friends to help them up.
AW4cryinoutloud wrote on Sep 19, 2007 7:23 PM:To American Terrorism: So? Aside from being attacked on our homeland we also protect our interests. Would you rather the Jihadis take control of OPEC? There is nothing stupid about United States Marines. Learn a little respect. You say, "When" the US falls "they" will not find many friends to help them up." "THEY"? If you have your passport nearby please feel free to use it. At present the Marines are held at bay. IF it comes to America coming close to "falling", you can bet your rear that those Marines; not to mention, the Army, Air Force, Navy, Coast Guard, and AMERICANS will not be held at bay!
John1 to American Terrorism wrote on Sep 19, 2007 10:22 PM:If you are a citizen, you are a bad one. Please leave this country on the fastest way out!!!
Lance wrote on Sep 22, 2007 11:40 AM:To AW4cryinoutloud. First, I think the passport thing is really an insult. This America, love it or leave it attitude, is beneath comment. This country was founded on other principles, I suggest you read the Constitution. Criticizing the government or the military is a time honored tradition and is what makes this country great. Second, i completely reject the idea that the soldiers in Iraq are fighting for my or anyone else's freedom. This is simply bunk. If you can show me how any Iraqi has ever threatened my freedom, you can use this argument, otherwise, drop it. Finally, lets ask a different question, Do you support Jeffrey Chessani who didn’t seem to think that the violent deaths of 24 Iraqis in Haditha, most of them women and children, merited any investigation, seeing it as “routine? Do you support Steven Green, the private who raped and killed a 14-year old Iraqi girl and then killed the rest of her family? But he had seen his buddies killed, goes the defense, so somehow that makes it all right, premeditation, mass murder and all. You may want to take the blinders off, and then consider what you are saying...
John1 to Lance wrote on Sep 22, 2007 3:13 PM:Lance, you're not even comparing apples and oranges in comparing Chessani and Green. It's more like apples and carp! To so make that comparison shows you are wearing your own blinders....
AW4cryinoutloud wrote on Sep 22, 2007 4:03 PM:To Lance: The America, love it or leave attitude and comments by those who make them are NOT beneath comment. I suggest that you missed the Freedom of Speech part of the Constitution. I don't care what you reject about the reasons for our being in Iraq. That's your opinion. You're entitled to it, and entitled to make it. BUT, when you berate our Marines and ignore evidence to exonerate them, when you accuse them of being brutal murderers, and when you portray self-defense as murder and as a crime; Then, it is as much My right to stand against that attitude with an attitude of my own. As for Lt. Col. Chessani; Do I support him? 100%! I read that in the hearing officer's report he said that Chessani was chastised because "he had more confidence in his men than in insurgent propaganda". Gee! Now that's just terrible isn't it? Trust your own men with whom you've fought rather than the propaganda of the enemy...or even the propaganda of your own media. There was no crime. It has been created. If you can't figure that one out you may not be as bright as you seem to think you are. The battalion intelligence officer gave 8 hours of videotaped testimony that exonerates all of the accused. I suppose you choose to ignore this also? You can't seem to distinguish innocent Iraqis from insurgents. Well, don't feel badly. Neither can the troops, and, when they're in a firefight they have the "Absolute Right" to defend themselves. THAT does NOT constitute murder! Steven Green? How did he get in this? Are every one of you troop haters obssessed with the rape and killing of the girl and her family? Such a stupid question. NO one said it was all right 4cryinoutloud. I'm not the one with the 'blinders' problem and I do consider what I say. Not my problem if you can't deal with it. As for America; if you can't stand up for those who fight for her, then Yes, look for the passport!
Lance wrote on Sep 22, 2007 6:50 PM:Back at you. While I think that there are certainly many among our armed forces who are trying to do a good humane job in Iraq, the reality that the American people have largely been completely sheltered from is quite different. Am I supposed to support the young 19 and 20 year-old troops who treat Iraqis as less than human as outlined recently in horrific detail by journalist Nir Rosen, an American who can pass as Iraqi? Rosen describes the day-to-day occupation of Iraq and the toll on Iraqi lives and property resulting from the cavalier attitude of low ranking US troops towards Iraqi religious practices, Iraqi homes, Iraqi women, anyone suspected of being an insurgent, just plain old Iraqis on the street. Am I supposed to support the troops even though they are engaged in what amounts to essentially daily criminal activity against large swaths of Iraqi society? Am I supposed to support the returned soldier who says “we are taught not to make moral choices, but to obey orders." This is the crux of the matter. There are higher standards, moral obligations, and they are not being met in Iraq, by the troops or by the likes of Blackwater. If you think this is all helping to make us safer, I have a bridge in Brooklyn id like to interest you in....
AW4cryinoutloud wrote on Sep 22, 2007 11:50 PM:To Lance: Would you give the name of the Article by Rosen, I'd like to read it. Sounds like this man focuses just on the negative. If so; Not very informing is he? Try MNF. They happen to be the ones "doing" the work in Iraq. I don't believe that the troops are "engaged in daily criminal activity against large swaths of Iraqi society". As for what you refer to as "moral obligations"; our troops have a moral, physical, and legal, legitimate, government sanctioned Right to defend themselves. They are Not expected to die for "your" definition of moral obligation.-
AW4cryinoutloud wrote on Sep 23, 2007 4:18 PM:To Lance: Well, I tried late last evening. Givin' it a go again. I haven't read anything by Rosen. Sounds like he focuses on the negative. If so; I consider him as unreliable and with a possible agenda. Have you read any actual military publications? They're the ones actually doing the work over there. They report the positive and the negative. Goodness knows, our Mainstream Media searches to its heart's content for the negative. I don't believe the troops are "engaged in daily(?) criminal activity against large swaths of Iraqi society", as you call it. Daily? Geeze! Maybe your guy, Rosen, should be checked into. As for what you refer to as "moral obligations"; our troops have the same Moral, Physical, Legal, Legitimate, and Government Sanctioned Right to defend themselves. They are NOT expected to die for "Your" definition of moral obligation.-
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