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March 29, 2008
Charges Dropped Against Another Marine Accused of Haditha Killings
Charges Dropped Against Marine Accused of Haditha Killings
CAMP PENDLETON, Calif.
The Marine Corps on Friday dropped charges and gave full immunity to a serviceman who was accused of involuntary manslaughter in a squad's killing of 24 Iraqis in Haditha in 2005.The case against Lance Cpl. Stephen Tatum, 26, was dropped as jury selection was about to begin for his court-martial.
The government has been seeking Tatum's testimony against the squad leader, Staff Sgt. Frank Wuterich.
In February, Tatum received an order to testify against Wuterich and an unrequested immunity order that said anything to which he testified would not be used against him in his court-martial. On Friday, a new immunity order was issued along with the dismissal of charges.
In addition to two counts of involuntary manslaughter, Tatum had been charged with reckless endangerment and aggravated assault.
Tatum's attorney, Jack Zimmerman, said there was no agreement with the government before the dismissal.
"Absolutely, there is no deal," he said.Zimmerman said Tatum would testify if called as a witness in future trials but that he would testify as a neutral witness, not a government witness.
The case stemmed from a squad's assault in response to a roadside bombing of a convoy that killed one Marine and wounded two others. The government says Wuterich and another Marine shot five men at the scene and the squad leader then ordered his men to clear homes with grenades and gunfire, killing unarmed civilians. Wuterich faces nine counts of voluntary manslaughter, aggravated assault, reckless endangerment and obstruction of justice.
Message from the defense lawyers
"All charges were dismissed with prejudice against LCpl Tatum this morning, on the day his trial was to begin on allegations stemming from actions in Haditha, Iraq on 19 November 2005. The government said it was done to further the truth seeking function. We emphasize that LCpl Tatum will testify truthfully if called as a witness but there is no deal for his testimony. It became clear to the experienced prosecution team that the right thing to do was to dismiss all charges against LCpl Tatum. We believe the evidence shows that LCpl Tatum reacted to an enemy attack the way he was trained to do. "
"This result is consistent with the recommendation of the Article 32 investigating officer who recommended last summer that no court-martial be held in this case."
JACK B. ZIMMERMANN
KYLE R. SAMPSON
LTCOL MATTHEW W. CORD, USMCR
MAJ JEFFREY V. MUÑOZ, USMC
From the LA Times
"Lance Corporal Tatum will testify truthfully if called as a witness," said his attorney, Jack Zimmerman.He said his client was relieved by the news and considered it an affirmation of his contention that he and his squadmates responded to a perceived threat as they had been trained to do.
UPDATE:
Michelle Malkin has a write about Gary at Let Freedom Ring makes the case for indicting John Murtha.
From Gary's site at Let Freedom Ring:
"Let’s highlight that conflict between rep. Murtha and the Marine Corps spokesman because it highlights extremely important information.If Gen. Hagee did indeed brief Rep. Murtha on May 24, 2006, that means that Rep. Murtha couldn’t make these accusations based on irrefutable facts; at least he couldn’t do that on May 17, 2006.
That brings us to our first ‘counts’ against Rep. Murtha: Violating the Haditha Marines’ constitutional protection of (a) being presumed innocent until provent guilty beyond a reasonable doubt and (b) violating their due process rights.
Another accusation Rep. Murtha made was that the officers in charge of the 3/1 Marines covered up their findings of what happened on November 19, 2005 in the city of Haditha. That’s absurd because we know that Captain Jeffrey Dinsmore put together a comprehensive PowerPoint presentation, which was sent up the chain of command. That isn’t speculation; that’s his sworn testimony. The fact that the people further up the chain of command said that there isn’t anything to investigate says it all.
Rep. Murtha told ABCNews’ Charlie Gibson that he knew there was a cover-up “someplace.” As I’ve said before, if you think something is true but can’t prove it, then you should say that “I believe that there is a coverup someplace.” You don’t say that you know there’s a coverup.
That’s the second count in the indictment. Rep. Murtha made false accusations against the Haditha Marines. What’s worse is that he made those accusations without verifiable proof of wrongdoing. Knowingly filing false charges against someone is a crime.
The third count in the indictment is possibly the weightiest of charges. Murtha’s connections within the Pentagon are deep. He’s built a mini-empire by acting as a ‘recruiter’ for companies in the military industrial complex. When they want a new hardware, Rep. Murtha gets it for them. As a result, they paid particularly close attention when Rep. Murtha made an accusation against the Haditha Marines.
With his clout, Rep. Murtha did everything except play the role of judge, jury and executioner. In civilian court, he would’ve been accused of poisoning the jury pool, which is another violation of the Haditha Marines’ due process rights."
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Wild Thing's comment........
I am so happy that charges against Stephen have been dropped. NOW, let’s do the same for the others!
Eight were charged. Five have had all charges dropped. Three will stand trial.
The next scheduled court martial is for Lt Col Chessani on April 28.
SSGT Frank Wuterich, and his proceedings have been delayed indefinitely.
Another Haditha Marine that won't be railroaded by the despicable John Murtha.
Thank you God and God bless this man and his family and the other Marines as well in this horrible lies and court trial they have been through.
...Thank you Mark for the UJPDATE on this.
for the UPDATE
Posted by Wild Thing at March 29, 2008 03:50 AM
Comments
Scumbag Jack Murtha, come out, come out, come out wherever you are!
Posted by: darthcrUSAderworldtour07 at March 29, 2008 06:09 AM
For the love of Mike! They just won't leave this alone. I know they want to be able to say, "look how bad our military kids are! They just kill innocent people!" just like they did in Vietnam.
This is despicable. When you're in a foreign land, fighting a war on terror, everyone can be your enemy. We don't know the full story and I don't think we ever will. These last three are being railroaded because they were in charge. As the old saying goes, "The captain goes down with the ship."
They are making a mockery of this. They just have to court martial someone. All they're out for is blood.
Posted by: Lynn at March 29, 2008 07:25 AM
If Tatum went along with that suicide order to testafy against his platoon leader, he would become the scurge of the Corps and no one would want him in their outfit. You just don't do that.
They have no evidence, so they are desparate to hang somebody for a trumped up charge made by nincompoop congressman whose better days are way behind him.
this is pure travesty.
Posted by: Mark at March 29, 2008 10:55 AM
I understand the concept that there are no ex-Marines and "Once a Marine, Always a Marine". However, is there any way to declare former Marine, John Murtha, an ex-Marine for bringing disgrace to the Corp?
Posted by: Les at March 29, 2008 02:29 PM
Les, we were always told in Boot Camp that most Marines measure up to the standard. There is that one per cent. As Our Drill Instructors called them they are that One per cent shit-bird, and Murtha is that one Percent.
Posted by: Mark at March 29, 2008 02:48 PM
First Murtha said his information was from reliable sources close to the seen. How can that be anyone close to the seen have been indicted. Anyone else would be second hand information.
Then he said, CMC briefed him and then that was changed.
He has changed his story consistantly to jive with whatever story he had heard second hand, This man is a traitor.
And part of his indictment will include, denying 'dur process' to these Marines. He wanted to deny the rights these Marines were fighting for. Same as Hanoi John Kerry, wanted to deny us our rights, we were guilty because he said so.
No facts just kerry's say so. Well Kerry has been proven a liar as will Murtha and it can't happen soon enoutgh.
Posted by: Mark at March 29, 2008 04:47 PM
I'm so happy to hear this, Thanks Mark and WT. The vigil isn't over nor is the travesty of injustice.
That 1% of shitbirds isn't confined to the ranks of the United States Marines, as an NCO the same day we offloaded from that C141 at Danang, our CO wisely sent one of our NCO's out of the unit, formerly the company clerk, this Napoleonic little bastard cowered in the cadre room of the barracks at Ft. Lewis the last week before deployment afraid we'd stone him to death, indeed rocks were thrown, he was universally loathed by all. Somehow the Captain found out about the small matter of a bounty on his head, we tried unsuccessfully to keep it secret and take care of our problem in house. I feel the same way about Murtha.
Posted by: Jack at March 29, 2008 05:19 PM
Darth, exactly, he will probably do what he can to avoid the press for awhile.
He so crossed the line they just HAS to be some kind of punishment for Murtha. I pray there is sooooo much.
Posted by: Wild Thing at March 29, 2008 07:45 PM
Lynn you are so right, that is exactly what the left want to be able to say. This whole thing has been so huge, so important in so many ways.
Posted by: Wild Thing at March 29, 2008 07:47 PM
Mark...."pure travesty"....it sure is. And those vile witnesses everyone of them were terrorists supporters like that horrible muslim doctor and how he lied and lied.
Posted by: Wild Thing at March 29, 2008 07:50 PM
Les, I wish they could, he does not deserve to breath the air they breath.
Posted by: Wild Thing at March 29, 2008 07:52 PM
Mark, thank you so much. And what gets me are how they lie full out there lie and all these people, Murtha, Kerry etc. get away with their lies. This has got to stop, I can't stand it!
Posted by: Wild Thing at March 29, 2008 07:54 PM
Jack thanks for sharing about that.There are so few that disgrace the military and I hate that when they do too.
Posted by: Wild Thing at March 29, 2008 07:58 PM
War is hell, er politically correct? CNN can tell Al-Qaeda all about our troop movements too... ahead of time? Islamofascist terrorists can fight, terrorize and behead anyone without uniforms, flags and insignias and while concealing their faces? Without RULES too? I think I get this insanity now!!
MILITIA UP 2009?
Posted by: darthcrUSAderworldtour07 at March 30, 2008 05:28 AM
