NORTH COUNTY - Attorneys representing enlisted men accused of murder in the deaths of 24 Iraqi civilians in Haditha in 2005 have asked the Marine Corps to grant immunity to an officer who was present that day and require that he testify at upcoming court proceedings, the North County Times has learned.

The officer, 1st Lt. William Kallop, was part of a reaction force that responded to the first reports of a firefight following a roadside bombing that destroyed a Humvee, killing a lance corporal and injuring another Marine.

Kallop was there when members of a Camp Pendleton squad, led by Staff Sgt. Frank Wuterich, assaulted nearby homes following the bombing, resulting in the deaths of 19 civilians, including several women and children.

Wuterich and two other enlisted men face homicide charges as a result of their actions.

Kallop's specific actions and any orders he may have issued are under increasing scrutiny from the defense attorneys, according to several sources close to the case who spoke with the newspaper this week on the condition of anonymity.

The attorneys question why he wasn't charged with any wrongdoing, and at least two have asked the government to grant him immunity and mandate that he testify at upcoming court hearings for their clients, according to the sources.

Kallop's attorney, Richard McNeil, refused to comment when asked Thursday about the report.

Shortly after the incident in Haditha, Kallop nominated Wuterich for a medal, saying that he had effectively led a counterattack that resulted in the deaths of a large number of insurgents. Wuterich is charged with 13 counts of murder, two counts of soliciting another to commit murder and making a false official statement.

The Marines charged with the killing have directly or through their attorneys said that the civilian deaths were an unfortunate consequence of a legitimate response to being attacked. The men are all from Camp Pendleton's 3rd Battalion, 1st Marine Regiment.

In addition to the enlisted men, four officers were charged with dereliction of duty for allegedly failing to fully investigate and accurately report the events in Haditha that took place on Nov. 19, 2005.

Before the 19 people in the homes were killed, five Iraqi men were shot to death shortly after emerging from a car that drove up after the massive roadside bomb explosion claimed the life of Lance Cpl. Miguel Terrazas.

Kallop's specific role in the Haditha incident has not been made public, but The Washington Post reported in January that he directed the assault on the homes.

According to the Post story, Cpl. Hector Salinas reported seeing a man firing rifle shots at the Marines shortly after the bombing. Salinas has not been accused of any wrongdoing.

"Salinas then stated that he could see the enemy so Kallop told them to 'take the house,' " according to the Post story that quoted from a Naval Criminal Investigative Service report the newspaper had obtained. McNeil also refused to comment on the Post's account of his client's actions.

A Camp Pendleton spokesman refused to confirm that prosecutors have been asked to grant Kallop immunity.

"As this is an ongoing investigation, the government will not confirm the identity of potential witnesses or discuss the conditions under which they may appear," Lt. Col. Sean Gibson said.

On Tuesday, the Marine Corps disclosed that it had dropped five counts of unpremeditated murder and one count of making a false official statement against Sgt. Sanick P. Dela Cruz in the Haditha killings.

That move, reducing the number of enlisted defendants from four to three, came after the military's convening authority over the case, Lt. Gen. James Mattis, approved granting the sergeant immunity in exchange for his testimony. The decision was based, the Marine Corps said, on balancing what it said was Dela Cruz's "low level of culpability in the alleged crimes against the potential value of his testimony."

Military law experts said that it appears that Dela Cruz will be a key prosecution witness and that his testimony could make it harder for the accused to win acquittals.

The military's Haditha investigation as a criminal case began in March 2006 following a Time magazine report that quoted relatives of the Iraqis as claiming the Marines went on a rampage. The Marine Corps had initially said that the civilian deaths were the result of the roadside bomb.

The accused were charged on Dec. 21 and the now-seven defendants will appear before hearing officers later this year for court sessions that will help determine if their cases move ahead to court-martial.

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