Haditha defendant ordered to testify against another

By: MARK WALKER - Staff Writer
Government wants co-defendant in killing of civilians to testify against Wuterich, his squad leader | Wednesday, February 13, 2008 10:38 PM PST

CAMP PENDLETON -- The Marine Corps has ordered one of two men charged with manslaughter in the 2005 deaths of 24 civilians in the Iraqi city of Haditha to testify for the prosecution at the court-martial for a co-defendant.

Lance Cpl. Stephen Tatum has been ordered to appear at the trial of Staff Sgt. Frank Wuterich, which is scheduled to start in less than three weeks, and tell the jury his version of the events of Nov. 19, 2005.

Tatum's attorney Jack Zimmerman said he was caught by surprise when served with the order.

"We were sent a copy of an immunity order that we did not negotiate nor ask for," Zimmerman said during a break in a motion hearing for his client on Wednesday. The order specifies that anything Tatum might say at Wuterich's trial would not be used against him at his own court-martial.

"We have no deal and we still plan to plead not guilty," Zimmerman said.

Wuterich led a Kilo Company squad from Camp Pendleton's 3rd Battalion, 1st Marine Regiment on a resupply mission when a roadside bomb destroyed one of their four Humvees, killing a lance corporal and injuring two others. A subsequent search for their attackers led to the deaths of 24 civilians, including several women and children.

Wuterich, 27, and Tatum, 26, face separate court-martials on charges arising out of the deaths. Tatum is charged with two counts of involuntary manslaughter, reckless endangerment and aggravated assault and is scheduled to go on trial March 28.

Wuterich is charged with nine counts of voluntary manslaughter, aggravated assault, reckless endangerment and obstruction of justice.

The disclosure that the government is compelling Tatum to testify against the man that led him at Haditha came during a motion hearing for Wuterich. At the hearing, Wuterich's attorneys are attempting to quash statements he made to investigators and address other issues before the trial starts on March 3.

Tatum's attorneys are attempting to do the same in a nearby courtroom. Zimmerman is seeking to suppress all statements his client made to investigators after Tatum asked for an attorney during a May 9, 2006, interview with Naval Criminal Investigative Service agents.

Special Agent Matthew Marshall testified that Tatum became upset at the start of that questioning, telling the agents he didn't want to go any further and wanted a lawyer.

But a few minutes later, Marshall contended that Tatum agreed to "reinitiate" the interview and the questioning went on for several hours.

The agents who took part in that session subsequently wrote a report reflecting their recollections of what Tatum said, a report the government is now using against him.

Asked why the session wasn't video or audiotaped, Marshall said he wanted to do so when agents conducted a follow-up interview with Tatum on May 17, 2006. That request was expressly forbidden by his superiors for unexplained reasons, Marshall said.

"We asked for permission to wire up and do that and it was rejected by NCIS headquarters," he told the military judge presiding over the hearing, Lt. Col. Eugene Robinson. "I have been an advocate of videotaping for years but unfortunately that is not the way the agency operates."

During Wuterich's motion hearing before Lt. Col. Jeffrey Meeks, his attorneys sought to suppress a statement he made to Army investigators in Iraq in March 2006 following a Time magazine report that questioned what happened at Haditha.

Those Army investigators had presented Wuterich with an advice-of-rights form that had been altered to remove language suggesting he was suspected of wrongdoing.

The hearings for Wuterich and Tatum continue this morning. It was not clear when either judge will rule on the suppression motions in either case.

Two Marine officers who were at Haditha also face trial at Camp Pendleton later this year on charges related to failing to order a full-scale investigation into the civilian deaths.

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

17 comment(s)[-]Go to Top

Mom of a Marine wrote on Feb 14, 2008 10:39 AM:hmmm...well we all know why NCIS doesn't video tape INTERROGATIONS...not hard to figure out. They would then...expose themselves. Can't have that, now can we. And do you mean to tell me that NCIS does not know the UCMJ. The minute someon is suspect...they have a right to legal counsel. And further more, when a suspect ASKS for a lawyer...all questioning and INTERROGATIN is to cease and desist!! Guess they forgot that part in this case, Hamdania, and likely any of the other cases. Who does NCIS answer too? This is just as sickening as the other cases.

TIGMOTHER wrote on Feb 14, 2008 11:39 AM:Tatum's testimony is unnecessary. There is already more than enough evidence to find Wuterich guilty as charged. The immunity order should be withdrawn and Tatum should be tried.

AW4cryinoutloud wrote on Feb 14, 2008 12:09 PM:From the first movie I ever watched that concerned a government's persecution of its people, I always believed that, unless otherwise stated, they were fiction and I felt they were far-fetched. NEVER again will I doubt the reality of film. For 20 months I've been living in the realm of a bad movie. NO One! NO American, who truly believes in justice or truth, can tell me they don't understand that our troops are being sacrificed by those in power in their own country. There's only one reason for NCIS to refuse to tape their interrogations. They do it in child abuse cases, and the GAO says it should be done in high profile cases. There is nothing more high profile on the planet than a case that's known about Worldwide, and affects people Worldwide. There is ZERO excuse for not taping interrogations of all of the Hamdania and Haditha Marines. We're talking about a minimum of 16 Marines. At least Special Agent Matthew Marshall tried BUT was "Expressly Forbidden by his superiors for Unexplained Reasons." Oh shucks! I'll give him an "explained" reason: His superiors have NO desire to Prove anything. They want to PROSECUTE. That is their only goal. Research NCIS' history. Read the GAO Report. You can always "tape" your favorite program. SIXTEEN Marines and not one single interrogation was taped. OUR Marines were not worth the effort to protect their rights, 'prove' innocence or guilt, and ensure them justice. Where's the honor in that?

Mom of a Marine wrote on Feb 14, 2008 1:03 PM:To TIGMOTHER: OH REALLY??? What undisputed evidence, beyond a reasonable doubt is it that YOU have the enables you to appoint yourself Judge and Jury????? Thaaatt's right...NONE! If the prosecution had it so together, why would they be trying to force immunity and testimony. And what do you have to say about NCIS and their illegal behavior??? I know...YOU give them a pass, eh???? Geesh...go take care of your own business...you haven't a clue about this!

TIGMOTHER wrote on Feb 14, 2008 3:57 PM:Now hear this! Tigmother says that Wuterich will be found guilty! Tatum would be too, were he tried. Ah, yes. Sgt Larry Hutchins was found guilty and sentenced to 15 YEARS in prison. They are all birds of a feather. Sarcasm and half-baked rejoinders nothwithstanding, the accuracy of Tigmother's claim will be substantiated by the verdict(s)! That's all that counts boys and girls: THE VERDICT.

TIGMOTHER wrote on Feb 14, 2008 4:02 PM:BTW. Tigmother has access to just as much information in these cases as any of the boohooing boohooers blogging away on here. Indeed. And if NCIS has done anything illegal, why oh why haven't some of these apologists filed a complaint with the Attorney General as would be their right under the law?? I will tell you why: Their assertions of NCIS illegality are hollow and rhetorical, not factual. Talk is cheap, only results count!!

Mom of Marine wrote on Feb 14, 2008 6:30 PM:To Tig...LOL LOL LOL again...It is obvious that all YOU care about is the VERDICT...and you're hoping it is a bad one. You are pathetic in your thinking. There is a whole LOT more to this than the "VERDICT." Ok...you think you have as much information as ANYONE blogging here...Prove it! Just where is it YOU get YOUR information??? And if you had all this info, you would know that there were complaints about NCIS. Laughing again.

PT wrote on Feb 14, 2008 8:51 PM:I'm not surprised Tatum agreed to reinitiate the interview with NCIS. Who do you think trained Gitmo on waterboarding? The rest of you should pay no attention to Tig-mo, who still holds a grudge against the Corps for being told years ago that the Marines are looking for a few good men, so why are you here? Seriously, I have never read a blog containing the word "rejoinder", so I'll give Tig-mo some points for being articulate. Must hang out at Starbucks.

To PT wrote on Feb 14, 2008 9:04 PM:Hey PT...Do you know TIGMOTHER?? I don't give her blogs any credence. Doesn't she realize that it would be ludicrous to stop the interview, ask for a lawyer (to protect you rights and interest) and then..."change your mind"...I don't think so...That's NCIS' story and they'll stick to it. Maybe she learned a new word at Starbucks, but however many points you give her for being articulate...she is still...severely maladroit! Mom of a Marine

TIGMOTHER wrote on Feb 15, 2008 1:54 AM:Tigmother reiterates the points previously pointed. Speaking of pointed (and pointyheads), Tigmother rejects with wholehearted levity the silly yucca beans planted by those who cling with white knuckles to the slippery slope these defendants are on. As for proof of Tigmother's vast knowledge of these cases, none is needed since the proof lies in the fact that these defendants are doomed and will be convicted on all counts. Further Tigmother sayeth not. ...




AW4cryinoutloud wrote on Feb 15, 2008 2:40 AM:AW TIGMOTHER. I've asked several times what the heck a TIG is. Never get an answer. Hope it's nothing to be ashamed of. It seems to be a species full of hate for ANY Marine regardless of whether he's innocent. That, in and of itself, would disqualify a TIG's mother's opinion because, when one speaks from hate rather than knowledge, no one takes it seriously. Yes Sgt. Hutchins was unjustly convicted. It's been an epidemic lately. You see, TIGMOTHER, you don't have a clue what you're talking about. You say you have access to just as much information in these cases as any of us "boohooing boohooers", as you call us. Do you know what happened at Hamdania? Of course not. Do any of the boohooing boohooers? Of course! Concerning NCIS and any alleged illegalities by them; do you know whether or not any of us apologists, as you call us, have filed any complaints or just what we may or may not be doing to help unjustly accused Marines? Of course you don't. As for your remark that talk is cheap. You are definitely the authority on that. Little TIG must be proud of his TIGMOM.

Mom of a Marine wrote on Feb 15, 2008 10:17 AM:More dodging and of course no explaination as to where Tigmother gets her information. Of course, we know there is none. She reads these articles! Whooppiee! That tells you nothing of the real happenings in these cases. She claims to know more than anyone blogging here...that's funny! I guess she is also very worldly and KNOWS everyone. You would have to know everyone in order to know EVERYONE who is blogging here. Ahhh what a waste of words to even go on...She knows nothing and that is more than apparent!

pcc wrote on Feb 15, 2008 10:31 AM:Pay attention to the article TIGMOTHER, Tatum's attorney says they plan to plead "not guilty." That means Tatum has been granted testimonial immunity only and will still be tried on any evidence not related to his testimony against Wuterich. For someone who keeps claiming to understand the legal rights of everyone involved you sure missed a big one there.

PT wrote on Feb 15, 2008 12:49 PM:The key to effective sarcasm is to be discreet enough that only the most perceptive can comprehend the true meaning of what is being said. My reference to Starbucks is related to an observation that people who hang out at Starbucks like to use fancy words to portray themselves as being highly educated and in tune with everything hip. Paying $3 for a cup of java somehow earns you that prestige. Tig-mo is all style and no substance, which doesn't mean I don't enjoy the entertainment value. Semper Fi.

Stryker Mom wrote on Feb 15, 2008 1:01 PM:TIGMOTHERFR must have multiple personalities since he signs under multiple names. The main idea is always the same...hate America, hate America, hate America.

TIGMOTHER wrote on Feb 15, 2008 3:32 PM:TIGMOTHER notes with tolerance and understanding the nature and origin of such pathetic blogs as we see here. North San Diego County is home to Camp Pendleton with not only its military population but their dependents and assorted civilian employees of the Camp. Of those, some blindly support the criminals in their midst. Flying in the face of reality, they ignore or are ignorant of the FACT that 5 of the "Pendleton 8" have pled GUILTY to war crimes and 3 others have been CONVICTED by a military jury of their peers. Case closed.

PT wrote on Feb 15, 2008 4:10 PM:Tig-Mo acknowledges the local history of the Marine Corps, yet fails to mention the existence of the US Navy in the San Diego area and the long-standing military presence in Southern California. We should all take pity on Tig-mo, as Tig-mo has somehow become lost from the Tig-mo military-free haven known as Berkeley. Phone home, little Tig-mo!

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