MILITARY: Haditha Marine acquitted
Lt. Andrew Grayson cleared on all charges
By TERI FIGUEROA - Staff Writer | ∞
CAMP PENDLETON ---- It took a military jury six hours Wednesday to clear ---- on all charges ---- the first Marine tied to the killings of 24 Iraqi civilians to see his case head to trial.
The family of 1st Lt. Andrew Grayson cheered in the Camp Pendleton courtroom as the jury announced it found Grayson not guilty on all counts related to the aftermath of the Haditha killings. A flash of relief crossed Grayson's face.
His supporters cried and his mother mouthed "thank you" to the seven-member jury.
Grayson's wife, Susan, collapsed into her sister's arms and sobbed. After the hearing ended, Grayson's cheeks were wet with tears when he turned around and hugged her.
"Thank God," Grayson said were his first thoughts on hearing that his 16-month legal battle was over.
Asked what comes next, the officer said, "It's time for me to be with my family."
"I think this has made me a stronger person overall," Grayson said as his family embraced each other.
As he walked out of the room, Grayson grabbed his wife's hand and said, "Let's go home."
None of the charges Grayson faced was tied to the actual slayings, which occurred Nov. 19, 2005, but rather the aftermath.
The 27-year-old Ohio native was a military intelligence officer on the day of the killings, but was not at the scene.
The jury rejected the contention by prosecutors that Grayson had deliberately lied to an Army colonel investigating the response of commanders to the killings, primarily the failure to probe a clash that resulted in such a high number of civilian deaths, including women and small children.
The panel, whose members were all officers with combat experience, also cleared Grayson on charges that he fraudulently tried to get out of the military before the Haditha charges against him were resolved.
The civilian killings took place after a roadside bombing killed one Marine and injured two others. In the aftermath that followed the bombing, the Marines allegedly killed men, women and children as they sought the bombers and the people they said shot at them immediately after the explosion.
The killings caused an international outcry and eventually led to criminal charges against eight Marines ---- four triggermen and four officers accused of failing to investigate.
It is the largest war-crimes case involving civilian deaths since the start of the Iraq war.
Five of the accused Marines have since seen their cases unravel and charges dropped. Grayson was the first of the remaining Marines facing charges to see his case through to court-martial.
Before the trial, Grayson decided to reject a plea deal that his attorney said would have kept Grayson out of jail. On the day the trial started, Grayson faced a maximum of 25 years behind bars.
"I was the one who had to look myself in the mirror," Grayson said of his decision to not take the deal. "To take the easy way out, you are the one that has to live with that."
Grayson said his acquittal will "absolutely" set the tone for the two Marines whose cases have yet to be resolved.
The court-martial of battalion commander, Lt. Col. Jeffrey Chessani, on charges that he failed to investigate the killings, is set to begin July 21.
And legal action against Staff Sgt. Frank Wuterich, who led troops through the homes of the victims looking for their attackers, is on hold while an appeals court sorts out a pretrial battle in his case.
Before the jury headed off to begin deliberating Wednesday afternoon, prosecutor Lt. Col Paul Atterbury told the panel that Grayson "is not a fall guy" in the Haditha case, but rather "a dishonest Marine officer who repeatedly violated the law in order to avoid accountability."
Atterbury said Grayson "chose to lie" to investigators about the existence of the photos.
"And that was the beginning of a pattern of lies ... in order to avoid accountability," Atterbury said.
Prosecutors in Grayson's case alleged that he had told a junior Marine to delete digital photos taken at the killing scene, and then told investigators that no photos existed.
"Lieutenant Grayson is not some victim of a botched investigation (brought) by media pressure. He's a liar," Atterbury said in his hour-long closing argument of Grayson's trial. "He has a motive to lie and a desire to avoid accountability."
But that motive to lie simply did not exist, Grayson's civilian attorney, Joseph Casas, countered during his closing argument.
Grayson had no reason to keep the Marines who allegedly killed the civilians from looking bad, "had no dog in that fight," Casas said.
Casas attacked an early investigation into the Haditha slayings and argued that Grayson's conflict with the officer overseeing the probe, Lt. Col. Gregory Watt, is what led to accusations that Grayson lied.
"He (Watt) was miffed at Grayson and he had an ax to grind," Casas said.
Casas, holding a football as he addressed the jury, said the government lacked evidence and simply had not proved its case.
"We stopped their offense," Casas told the jury."We don't need to score. The government has to make a touchdown on each and every element of the charges."
Contact staff writer Teri Figueroa at (760) 740-5442 or tfigueroa@nctimes.com.
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TIGMOTHER wrote on Jun 4, 2008 2:58 PM:"Calling the defendant a "manipulative Marine"..." Tigmother notes the desperation of the prosecution. Were it true, being "manipulative" is not a crime. Tigmother is suprised that the military judge did not reprimand the prosecution for this inflamatory, epithetical attack on the defendant and then instruct the jury to disregard an irrelevance. Since the prosecution failed to frame the principal charge properly, leading to it's dismissal, the remaining charges are too weak to proceed and would die on appeal.
Buford T. wrote on Jun 4, 2008 10:18 PM:The truth is always an elusive ideal whenever there is a lawyer involved. So is true justice. Only they who were there really know what happened and they will have to live with the decisions made that day, whether they were right or wrong.
AWcryinoutloud wrote on Jun 4, 2008 10:32 PM:Tigmother notes the desperation of the prosecution and is surprised that the military judge didn't reprimand the prosecutor for his inflammatory, epithetical attack on on the defendant? My, how attitudes change. Where was all that surprise when the prosecutor in Sgt. Hutchins court-martial made his inflammatory, epithetical attacks on the defendant? Leads one to believe that tigmother has a personal axe to grind. All that predicting and chortling and chuckling during that Marine's persecution but now tig's all mushy over Lt. Grayson. Hmmmm.
Been There wrote on Jun 4, 2008 11:16 PM:Congratulations Lt. Grayson! Now, drop the bogus charges against LTCol. Chessani and SSgt. Wuterich. Prosecute the NCIS, the Army Col. and the prosecutors. And, don't forget Gen. Mattis. Also free Sgt. Hutchins now. All of the Pendleton 8 should Receive a 30 year E-9 retirement with 100% disability. Reimburse expenses of all these Marines and their families
Patriot wrote on Jun 4, 2008 11:24 PM:I think I'll enlist in the USMC 'cause they take care of their own!
Destroy their lives, the lives of their families, their friends and others. Yeah, ready to hold up my right hand.
JuanGrande wrote on Jun 5, 2008 5:32 AM:to AWcryinooutloud - Talking about attitudes changing? WOW is this the same person who whined about a huge goverment conspiracy to railroad the troops? No justice? blah blah blah. Seems like you only find justice when you point of view wins. Classic American attitude.
Massachusetts Democrat wrote on Jun 5, 2008 5:48 AM:Now that the truth has set 1st Lt. Grayson free, perhaps the Government can order their legion of NCIS investigators to look into what prompted former SECDEF Rumsfeld, SEC Winter, Congressman Nifong . . . er, Murtha and the hierarchy of the USMC to bring charges in the first place against the eight 'Haditha' Marines.
This case still stinks to high heaven.
John wrote on Jun 5, 2008 6:30 AM:Two words: OOH RAH!
The truth will come out wrote on Jun 5, 2008 6:44 AM:A jury consisting of Marine Officers deciding the outcome of a war crime investigation committed by another Marine Officer in a Marine court. I can see the impartiality. Of course there are still other Marines pending the investigation and in typical fashion, low man on the totem pole wins the free trip to Leavenworth.
Steve wrote on Jun 5, 2008 7:14 AM:I am just sick of it all. Bring our Marines home and make Iraq the worlds largest beach.
jarhead wrote on Jun 5, 2008 8:28 AM:An officer acquitted? There's a big surprise, dont worry, some enlisted guy will pay the price for him and play the scapegoat. Mark my words.. there will be a conviction down the road.. but it sure as heck wont be an officer.
AWcryinoutloud wrote on Jun 5, 2008 10:27 AM:To JuanGrande: Say What? When YOU figure out what you're talking about, get back to me. My attitude has not changed. Where did I say it had? You must be a friend of tig's because I'm not the only one who knows all of these marines have been railroaded. Try reading ALL of the comments. Shucks! Try READING!
getitright wrote on Jun 5, 2008 12:02 PM:To Been there. All of CP8 were found guilty or plead guilty to their roles in the murder of Awad. Hutchins needs to complete his time. Stop making excuses for these convicted felons. The military justice system works.
JJsDad wrote on Jun 5, 2008 2:27 PM:To Getitright:
Take your own advice. The military justice system worked one time. With Lt. Grayson
TigsMom wrote on Jun 5, 2008 3:32 PM:I am very alarmed and concerned with comments listed, as it's very close to my screen name. Anyone reading this, please understand that the TigsMother comments are not in any way my own. I have no idea whether some one on this internet is trying to defame me personally or whether it's coincidence. Regardless, just keep in mind this is the internet and if you know me and are concerned then you know how to contact me.
Any posts that I would create myself are with respect, care and concern especially for our military.
AWcryinoutloud wrote on Jun 5, 2008 4:21 PM:To TigsMOM: Is that you at 2:58pm on the 4th? I haven't seen a TigsMOM before. So, what is a TIG anyway?
JJsDad wrote on Jun 5, 2008 4:49 PM:Urrah to Mr. Casas, Lt Grayson's counsel!! He was JJ's counsel, too.
Daniel wrote on Jun 5, 2008 4:58 PM:Justice? It took the jury 8 hours to decide to acquit on multiple charges, after one was dropped by the prosecution. Apparently witnesses backed up all of Grayson's contentions. Justice would have been served if none of the charges were brought in the first place; how much $, how many stressful days and nights, how much potential loyalty has been squandered by over-zealous prosecutors, for whatever reason. Regardless of the P8 case, there is something seriously wrong with the military justice system. And unlike the civilian system, in the future men and women can opt out of the military because of the bad behavior of the NCIS, JAGs, etc. We all have a vested interest in overseeing these proceedings, and subsequent review of the process, as it could determine the quality (or sanity) of future military personnel. Those wearing the uniform should not be treated like this, ever.
to JJsDad wrote on Jun 5, 2008 5:58 PM:What's JJ up to?
firefnx wrote on Jun 6, 2008 7:23 AM:TigsMom and TigMother are not the same person. I know TigsMom and that person is a huge supporter of the troops the likes of which no one could even begin to imagine. TigsMom spends countless hours organizing and participating in things that most people only give lip service to. I do not know TigMother. So please don't confuse the two of them.
AWcryinoutloud wrote on Jun 6, 2008 12:57 PM:To firefnx: Don't get me wrong, I'm truly curious, what do the letters TIG stand for? AW4.
Stryker Mom wrote on Jun 9, 2008 11:17 AM:Praise the Lord the truth has set him free! Why, oh why did this ever have to happen in the first place? We know why. There is an anti-military media and Jack Murtha who are driving the perseuction of our military. This should never have gone to trail.
SSGT Larry Hutchins should be freed immediately. "Getitright" got it wrong, as usual. Why would someone plead guilty? BECAUSE THEIR FAMILIES DO NOT HAVE HUNDREDS OF THOUSANDS OF DOLLARS TO SPEND ON A DEFENSE!
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