MILITARY: Jury selection begins in first Haditha court-martial

Lt. Andrew Grayson accused of ordering destruction of photos of slain Iraqis

By TERI FIGUEROA - Staff Writer | Wednesday, May 28, 2008 7:09 PM PDT

CAMP PENDLETON ---- Opening statements are set to begin Thursday in the first court-martial to come to trial stemming from the deaths of 24 Iraqis in the town of Haditha. It is the largest war crimes case involving civilian deaths since the start of the Iraq war.

Marine 1st Lt. Andrew Grayson has pleaded not guilty to charges that, as an intelligence officer, he ordered the destruction of photos of Iraqis slain during Nov. 19, 2005, then later lied about it to investigators.

The 27-year-old Ohio native has also pleaded not guilty to trying to fraudulently leave the Marine Corps.

Grayson's court-martial is expected to last about five days.

If convicted of all charges, Grayson faces punishment ranging from no jail time to up to 30 years in prison.

The jury, selected Wednesday afternoon, consists of seven men, whittled from a pool of nine officers.

During jury selection, all of the potential panel members acknowledged to the military judge, Maj. Brian Kasprzyk, that they were generally familiar with the high-profile Haditha case. But all agreed they could set aside outside knowledge and focus on the trial evidence.

Much of queries of individual jury members centered on their exposure to massive media coverage of the case, and some admitted having read news stories, seen TV coverage and listened to radio talk shows addressing the incident.

The slayings of 24 Iraqis, including women and children from the same extended family, led to international condemnation ---- and, eventually, to criminal charges against the enlisted Marines accused as triggermen, as well as officers accused with a role in the aftermath.

The deaths, on Nov. 19, 2005, came in the moments and hours after a roadside bombing killed one Marine and injured two others.

The Marine Corps initially reported the Iraqis died in the bombing and subsequent small-arms fire. Several weeks later, the military corrected the number of deaths to 24 after questions were raised by a Time magazine reporter who spoke to relatives of the slain Iraqis.

The first media reports led to an international outcry, prompting military officials to order a full-scale investigation.

Criminal charges followed.

Eight Marines from Camp Pendleton's 3rd Battalion, 1st Marine Regiment were originally charged with wrongdoing at Haditha.

Four enlisted men were charged with murdering the Iraqi civilians and four officers were charged with offenses related to failing to investigate the incident.

But the cases against five of the men ---- including three admitted triggermen ---- were later dropped.

The Marines accused as gunmen have said they were shot at following the deadly explosion, and that they stormed the Iraqi homes ---- on orders ---- in search of their attackers.

Aside from Grayson, charges remain against Staff Sgt. Frank Wuterich, the squad leader who is alleged to have led Marines into the homes of the victims, and Lt. Col. Jeffrey Chessani, the battalion commander on the day of the slayings.

Grayson is accused of obstruction of justice for allegedly ordering a sergeant to destroy photographs taken of the dead Iraqis.

Grayson has said the policy dictated that photographs of dead Iraqis were to be deleted from computer hard drives if a review determined they were not insurgents.

A charge of lying to investigators arises from his alleged denial when asked if such photos existed.

Chessani faces charges of dereliction of duty and violating a lawful order for failing to conduct a full-scale investigation into the civilian deaths.

The future of the case against Chessani is unclear. Last week, a military judge has found that top Marine Corps officers were unlawfully influenced by a general's legal adviser when they decided to file criminal charges against Chessani.

The remaining Marine facing charges is Wuterich. He is the only one of the accused gunman still charged in the case.

Wuterich is charged with voluntary manslaughter and related offenses.

Contact staff writer Teri Figueroa at (760) 740-5442 or tfigueroa@nctimes.com.

Previous

Advertisement

12 comment(s)[-]Go to Top

He He He wrote on May 28, 2008 4:12 PM:“and many admitted having read news stories, seen television coverage and listened to radio talk shows addressing the incident.” Not to mention how many of them sees the group of sign waving supporters outside main gate every weekend reminding the Marines that their fellow Brothers in arms are being tried on unjust charges. What I’d like to know is when will charges be filed against the Top Marine Corps Officers who were “unlawfully” influenced to file charges in the first place? The opinions expressed here are those of the commenter and do not reflect the views of the NC Times.

AWcryinoutloud wrote on May 28, 2008 5:52 PM:Do "any" journalists investigate the stories they report? Just as in the Hamdania case where the media printed over and over again that the deceased was an innocent named Awad. Before all courts-martial were completed the media knew the prosecution never had any proof whatsoever as to the identity of the deceased but what has all media continued to do, even to this day? They report the same crap as though Awad was an innocent. The media, nor the prosecution doesn't know the identity of the deceased. The same reporting on Haditha; for over two years the media remains true to itself. No investigation; just the same story over and over again. Why not report "all" of the facts? That would be refreshing. Where's the report that the Battalion intelligence officer made a statement and testified that the report of 15 civilians killed was because they initially believed there were 8 enemy killed and 15 civilians. He said he believed there was no investigation due to the incident being reported as as TIC; Troops in Contact, which implies engagement with clear hostile enemy resistance, thus, less likely to be investigated. There was no cover-up. Why haven't journalists reported that the Marines had a brief ready for Tim McGirk who was scheduled to visit the Battalion but never showed up? The intelligence officer figured McGirk must have found another source of information for his report in March. Well, McGirk did! His source was the insurgents who took photos of 24 dead people. TIME initially had mistakenly printed those photos with their article on Hamdania. Yep! TIME was really trustworthy. Good Grief! Even Michael Moore's site had the same report from the Washington Post which admitted they could not verify the testimony of what they called "witnesses". The intelligence officer says he wasn't alarmed that Lt. Grayson initially ordered photos deleted because the ROE's on that day were followed and, since the photos had no intelligence value it was prohibited to keep photos of enemy dead or other graphic war images. There was no cover-up. It's fine for the press and Americans to Monday Morning Quarterback the events of November 19, 2006 but it's ridiculous for them to sit in judgment over something they'd never thought of until the "Enemy" presented its photos to a journalist who Never investigated or verified the story that lead to what Teri Figueroa referred to as "the first media reports ".. that.. "led to an international outcry, prompting military officials to order a full scale investigation." An investigation wrought with proven Unlawful Command Influence by Congressman Murtha and others, and an investigation in which nothing criminal has been proven but has ruined the lives of honorable Marines.

Lawrence wrote on May 28, 2008 7:28 PM:What becomes of us, when we begin prosecuting the brave, honorable members of the Armed Services that stand tall in hell to preserve and provide the blanket of freedom and Democracy. It's war and it's hell, but who are we to judge what happens in war. Another fine example of the media sticking their noses where it doesn't belong, and now young warriors will suffer. How many Insurgents are prosecuted for the way they kill and maim are men and women. --- Lawrence, USN Active Duty

Proud Infidel wrote on May 28, 2008 7:29 PM:Gen. Helland should have stopped this injustice long ago. With Murtha and Secretary of the Navy Winters spurring on the perseuction, the brass have gone to hide in the tall grass. "Unlawful influence" is behind all of this.

We can only pray the jurors are real warriors who understand the rules of engagement and will finally end this nightmare for Lt. Grayson. Until then, hold Lt. Grayson and his family in your prayers.

Stryker Mom wrote on May 28, 2008 8:54 PM:When my son was in Iraq, I took great comfort in these verses. Pray without ceasing for those who served at Hamdaniya and Haditha.

"I have summoned you by name; you are mine. When you pass through the waters, I will be with you; and when you pass through the rivers, they will not sweep over you. When you walk through the fire, you will not be burned; the flames will not set you ablaze. For I am the Lord your God, the Holy One of Israel, your Savior."
Isaiah 43:1-3

God bless our troops!

Unknown Soldier wrote on May 28, 2008 10:06 PM:why is it that when senior officers and brass screw up its junior officers and enlisted whose butts are nailed to the wall?

Jon wrote on May 29, 2008 1:28 AM:This Marine followed orders and interpreted what he was told about destruction of irrelevant intel. At that time he could not have known the photos were important. They were in a fire fight and ordered to engage due to those circumstances, the iraqi's knew what was going on if they were in there they should have said something or left like they were ordered to. Collateral damage can not be help and yet you want to send them to the yard arm for obeying. When someone is shooting at you you don't have time to think you hav e time to keep you and those around you alive and follow orders.

firefnx wrote on May 29, 2008 6:51 AM:There is way too much prosecution of brave warriors who are doing what was asked of them. Not only the marines in Haditha but those who fought in a horrible battle in Fallujah. This country doesn't deserve the loyalty and commitment of these fine warriors. It is beyond my comprehension that so many are being treated this way. My son served with this same battalion in Fallujah and Haditha. Now I fear more for him. Will someone someday walk up to him and present him with a list of charges for fighting a war and surviving it? My heart breaks for all of these young men and their families. We have congress and the media to thank for all of this.

Stryker Mom wrote on May 29, 2008 7:56 AM:To firefnx:

Sadly, you are 100% correct. We have a liberal media with an anti-military bias who are serving at the pleasure of liberals in Congress. The MSM is nothing but a bunch of lapdogs.

Vote in the November 08 elections for all the conservatives you can. There are several (not enough) Iraq war veterans running for office. An example is Lt. Col. William Russell who is runnning against Jack Murtha in the 12 district of Pennsylvania.

You are sadly correct on another point. This once proud nation no longer deserves the commitment of the finest and bravest fighting forces the world has every known. I never dreamed I would believe such thoughts. We must band together and try not to lose heart. America is the last best hope.

FriendofGrayson wrote on May 29, 2008 8:45 AM:What has this come to? A young man serving is country, follows military policy, is discharged and is brought back in to be made an example of for whom?? Where are the hearings for all the terrorists and terrorist supporters of 9/11? Why are other countries not trying people who are burning US flags? Or carrying posters of hate to the United States? But we will try our own men and women. It saddens me to see that this young man and his family are being torn apart by this.
I saw on TV, a young army soldier reporting to the news media that the prisoners who are in US control are being mistreated and their religious views are not being respected with their ability to pray and eat according to their rights... WHAT RIGHTS??? Did the terrorists who have killed thousands of Americans since 9/11 ask them about their rights? Or beliefs? Or about their families or what it is the US stands for? What about the people who have been captured by Iraqi insurgents and beheaded on TV? Were they given fair treatment in their captivity? There are way too many people in America now worried about how we treat others, while the US gets stepped all over. Americans need to be very careful this November when they vote, or the prosecution of innocent Americans will continue for the lives of a few terrorists.
Lt Grayson, you have my prayers and help. I hope this comes to a fast and successful end. We are behind you and your family and we support you.

Brock wrote on May 29, 2008 8:46 AM:When the media, such as the NCT, reports a military Court-Martial panel as a jury you lose all credibility. What you do is demonstrate that you don't know what you are talking about - that you are a novice to the military establishment.
Does it matter - of course it matters, especially in an area such as San Diego County where a great many military, and retired military, personnel reside.
If you are going to report the news do it professionally. You should have a military editor to make the necessary correction.
The simply fact is - I don't think you know what you are talking about. And, if you do have a military editor he ain't getting it done!
I assure you that the civilian population are not stupid and they know what a court-martial panel is.

Susan wrote on May 29, 2008 10:14 AM:First and foremost I want to let 1st Lt Grayson know that he is in our prayers.He and his family, as well as all who have been charged in this mess, should not have to go through something like this. It is a shame on our country that we would allow the brave people who defend us to be treated in this manner. It sickens me and fills me with the dread that someday our family might find itself in this same position.

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.

Submit Comment[-]

(optional)
   

Advertisement

Videos