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May 21, 2008
Family of Haditha Defendant Speaks Out for First Time
Bittersweet Memorial Day: Family of Haditha Defendant Speaks Out for First Time
War Chronicle Defend Our Marines
by Nathaniel R. Helms
Three days after Memorial Day, the Marine Corps will court-martial the officer personally responsible for capturing the Al Qaeda terrorist who organized the ambush that triggered the so-called “Haditha Massacre”.
On Wednesday, May 28, 1st Lieutenant Andrew Grayson will stand general court-martial for obstruction of justice and lying to investigators about the events at Haditha and attempting to obtain a fraudulent discharge from the Marine Corps. Last September the government dismissed two counts of dereliction of duty against Grayson.
Two weeks ago military judge Maj. Brian Kasperczyk set the stage for Grayson’s court-martial during a final motion hearing at Camp Pendleton, California, Grayson’s lead defense counsel Joseph N. Casas—a former Marine infantryman and Navy lawyer—presented five final motions for the court’s consideration:
* Sever the Attempted Fraudulent Discharge case from the Haditha charges because they are unrelated and prejudicial;
* Allow co-defendant Lt Col Jeffrey Chessani to appear as a character witness by granting him immunity to testify;
* Mandate that the government be held accountable for its failure to comply with the so-called “ Speedy Trial” act by dismissing the charges;
* Address the “Undue Command Influence” issues raised by Rep. John Murtha’s (D-PA) slanderous public name calling by compelling him to testify;
* Address the failure of Army Col. Gregory A. Watt and other interrogators to provide Grayson his Miranda “legal rights” warning by suppressing any statements Grayson made to them about Haditha before he was identified as a suspect.
Kasperczyk denied them all without issuing findings of fact or a basis in law, Grayson's defense team said.
Grayson, 27, joined the Marine Corps in May, 2003. He has served two combat tours in Iraq and was on another extended overseas tour in Africa when he was recalled to the United States last December to stand court-martial.
He is the first Marine charged in the Haditha incident to go to trial.
“We are ready to go to battle,” Casas said Monday.
Three enlisted men and two other officers who served in 3rd Battalion, 1st Marines at Haditha have already been exonerated and one enlisted man and one other officer still have trials pending.
Grayson is currently an intelligence officer with 2nd Counter-Intelligence Human Intelligence Exploitation Company at Camp Lejeune, North Carolina. He is currently living near Camp Pendleton while he waits for his court-martial to begin.
He was attached to 3/1 at Haditha when the infantry squad was ambushed. He was not at the scene of the ambush when it occurred.
Marine Corps intelligence operatives were advised of the scheme to demonize the Marines by an informant named Muhannad Hassan Hamadi after he was captured by Grayson’s intelligence team on December 11 2005 and decided to cooperate.
He revealed that the ambush was carried out by multiple cells of local Wahabi extremists and well-paid local gunmen from Al Asa’ib al-Iraq [the Clans of the People of Iraq] that were led by Al Qaeda foreign fighters, intelligence documents show.
Always an exemplary Marine officer, Lt. Grayson was nominated for a Bronze Star medal before the investigation into Haditha began. Casas said the recommendation was written in February 2006, about the same time government agents were probing the deaths.
Grayson is charged with ordering the destruction of roughly 70 digital images of 24 men, women and children killed by Marines in the counter-attack after the ambush was sprung. The photographs were taken hours after the incident by Staff Sgt. Justin Laughner, a Marine intelligence specialist who worked for Grayson.
Fifteen of the dead were innocent civilians, the rest were insurgents killed while hiding among them, the government acknowledges. The tragic deaths of the civilians caught in the cross-fire triggered the infamous "Haditha Massacre" reports that played on the world stage for almost a year before the story was debunked and media interest dwindled away.
Charges arose from a former subordinate, a miffed investigator, and embarrassed administrators
Grayson’s troubles began about two months after Laughner took the pictures when the lieutenant ordered the sergeant to delete them from his laptop computer. While testifying under immunity at a preliminary hearing June 14, 2007, Laughner said Grayson told him to delete the photos so they could not be part of a statement being prepared for top-ranking officers and a Time magazine reporter.
Laughner said he felt the order amounted to obstruction of justice but that he complied and later lied when asked whether any pictures had been taken. During Grayson’s Article 32 evidentiary hearing Laughner testified during cross examination by Casas that he had also been ordered to destroy the images by two senior non-commissioned officers on his team within days of taking them because they had no intelligence value.
Grayson’s defense team said their client issued his order to Laughner in compliance with standing general orders not to keep images of dead civilians and combatants unless they had intelligence value.
They said Grayson gave the order weeks after it had already been given by Laughner’s team chief and company Gunnery Sergeant and before he was apprised they were evidence in a criminal investigation. By then the photographs had circulated throughout the battalion as Marines passed the images from computer to computer.
In any event no actual harm was done by their presumed destruction. Ever since Laughner’s photographs were discovered in the camera he used that day the prosecution has passed them around like baseball cards at every evidentiary hearing.
In September 2007 government prosecutors at Camp Lejeune, North Carolina offered Grayson complete exoneration of all charges in return for admitting he lied to investigators about the case. He publicly refused, saying doing so would impugn his honor.
On December 13, 2007 Grayson was additionally charged with lying to two colonels during Col. Gregory Watt’s informal “AR15-6” investigation of the Haditha, Iraq massacre allegations in March 2006. Watt’s limited inquiry eventually led to the indictment of four officers from 3/1 for dereliction of duty and related offenses.
Grayson became embroiled in the investigation when Watt discovered that one of the lieutenant's subordinates had taken digital photographs of the crime scene that were later destroyed. Watt says that Grayson lied to him and another officer about the existence of the images, calling him “arrogant” and “uncooperative.”
The same day the Marine Corps charged Grayson with fraudulently attempting to obtain a discharge.
Grayson had already been discharged for 17 days when the Marine Corps decided it had “erroneously issued” him his cherished DD214 discharge certificate. To correct the error the Marines issued Grayson a DD215 – usually reserved for correcting administrative errors to the original form – and recalled him to active duty.
After six weeks of examining the document Judge Kasperczyk did not find a single error on the DD214 that could be construed as a lie, but he denied the defense motion to have the complaint dismissed anyway. Casas then filed an appeal with the Navy/Marine Corps Court of Appeals in Washington, D.C. It was denied the next day because such appeals are only granted for “extraordinary circumstances,” the court ruled.
Dozens of observers who served in the Armed Forces claim that the fraudulent discharge complaint would be laughable if it wasn’t so serious. Anybody who has served in the military knows it is easier to escape from a locked box than sneak out of the service, they unanimously agreed.
One old salt said it defies credulity for anyone to accept that a Marine can talk his way past three or four steely eyed sergeants major and warrant officers—to say nothing of a division staff of captains, majors, colonels and generals—on his way out the door.
“Can’t be done,” said retired Master Gunnery Sergeant John Crocker, a Missouri native who served 30 years in the Corps including 10 as an Administrative Chief. “Not even a doggie [soldier] could get away with that. It should cost whoever let it happen if it was an error.”
Lt Grayson's family speaks out
There is a hidden cost associated with the prosecution of Grayson and the other seven Marines who were pilloried by the press and deserted by the Corps, the prosecution’s legion of critics is eager to point out. It is the harm already done and still being inflicted upon the Haditha defendant’s families.
For 18 months Grayson’s family has literally been tortured emotionally and financially by the devastating consequences of his impending court-martial, they said.
Grayson and his wife Suzy have lived in 12 different places while she puts her medical studies on hold so she can stay near her husband as the Marine Corps turns his life upside down, according to her mother, Christine Rudinsky, who lives in Phoenix, Arizona.
“I have just returned from the last of his motion hearings, and I must say it was a very, very depressing experience,” she wrote last Thursday, the first time she has publicly spoken about her son-in-law’s situation since it emerged. “Prior to this, I had been hopeful that this was all a silly misunderstanding, that Andrew would be completely exonerated, and that he and my daughter would be able to resume their lives together.
“I am now thinking that was very wrong. I am very fearful that the government has decided that someone must pay and who better than the lowest ranking, non-career officer out there?”
Despite the pain, Grayson’s parents were equally confident that those in authority would eventually determine that justice is a two-edge sword. With two sons proudly serving the Corps they thought it could be no other way until now.
“We have maintained silence as the military legal system has persecuted our son and the two remaining Marines who were charged. We have been mute, always with the expectation that the Corps would realize that justice was not to be found in the court martial of men who performed their duties with distinction,” Grayson parents Robert and Denise Meyer said in an email written on Sunday.
“Our eldest son serves as a Captain at MCRD (Marine Corps Recruit Deport), Parris Island. He will have completed 6 years in 2008, working with a team to prepare and meld the men of the Corps.
“Our youngest you know as Andrew Grayson. While Greg served in Okinawa and Korea, Andrew served in Iraq and Africa. Make no mistake, there is an incredible amount of pride in all our children. Andrew worked with a team on his first tour, and told of his determination in bringing about the electoral process in the zone he supported. They were successful, demonstrated by the election in Iraq.
“The second tour was as long as the first and on his return, he maintained a sense of accomplishment. His final deployment was to Africa. It was cut short when he was returned to the U.S. and was charged as one of the Haditha 8.”
Despite the emotional ups and downs that have marked the passage of time since Grayson was charged eighteen moths ago his parents have not forgotten what service means to the families of those who serve the nation.
“We are thankful every day that our son and the others under charges are alive and with us. Those that are recognized on Memorial Day had parents, sons, daughters, brothers and sisters who do not have our fortune,” they reminded us all.
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Wild Thing's comment........
This Memorial Day will also make the second anniversary of Congressman Murtha's media blitz: perverting a sacred holiday for political gain in a mid-term election.
We've seen five Marines charged and cleared over the past seventeen months. Thoughts and prayers are with the families of the three remaining accused.
The fact that others also told Laughner to delete the photos make this prosecution all the more ludicrous. The fact that others had given Laughner the same order only came out during cross-examination in the Article 32. Seems that investigators and prosecutors never probed this because they were myopically focused on Grayson.
Also, Lt Grayson's prior service record is a big problem for the prosection. He is a good Marine with absolutely no motive to conceal anything. Lt Grayson didn't even know the Marines who fought in Haditha that day. He had zero reason to cover anything up.
It breaks my heart that the Haditha Marines and their families have to continue living this nightmare.
Murtha needs one Marine to fall. No one in my lifetime has turned on the Marine Corps the way Murtha has. He is keeping his fingers crossed that one of these last three Marines will be convicted . Murtha has betrayed these warriors and I will never forgive him.
Posted by Wild Thing at May 21, 2008 02:55 AM
Comments
This is not a prosecution it's a persecution. It has been from the very start. The Corps Generals have to sacrifice someone in the lower ranks to save that sorry scurrilous malingering Congressman Murtha. What an upside down system, Pukes like Murtha and Kerry get priviledged treatment while those they send to do their dirty work get maligned. I'm beyond disgust with them and the Generals at the top.
Posted by: Jack at May 21, 2008 04:29 AM
Jack is right.....these men are being used as pawns to cover up the mistakes made by slime like Murtha. Murtha doesn't even deserve to be called man......he is a living disgrace to the human race. I personally think it is past time to take Murtha to the woodshed. This puke should not be holding office in our government!!! I can't find enough words to describe how despicable he and the others are. I may live in Indiana but I would gladly help anyone who legitimately can start the process to unseat this cancer on society. What goes around comes around. Paybacks are hell Murtha!!!!!
Posted by: John at May 21, 2008 06:51 AM
They're going to hang somebody for Haditha. After all, the honor of John Murtha demands at least one GI gets the gallows.
It just never stops. Now a GI who shot up a Koran in Iraq is being thrown to the dogs by Bush. The kid has already been disciplined and two US Generals have prostrated themselves and kissed a Koran for Iraqi tribal leaders but that wasn't enough.
“The American president apologized on behalf of the United States … promising to present the soldier to the courts,” it said
Bush is calling for a Courts Martial. This kid doesn't stand a chance as he's already been pronounced guilty by the CINC.
http://www.msnbc.msn.com/id/24724080
If the Commander-n-Chief and senior officers won't stand behind the troops then they need to bring them home NOW.
Posted by: BobF at May 21, 2008 07:25 AM
I firmly believe that murtha needs to be kicked out of the House. Then stand before the Commandant of The Marine Corps to be stripped of all awrds, decorations, and lasty to have his sword taken and then marched out to awaiting feeal officers to be confined before and during his trial for sedition and conduct unbecoming.
But that won't happen to such a seserving scumbag because the leftards will keep up the "hero" image.
As for the Marines I had the pleasure to serve with, I am sure they are just as disgusted with the scumbag's need to have a scapegoat.
War is Hell, Murtha. And it doesn't have a script tat has been submitted for your approval.
he good people of Cambria County, Pennsylvania need to wake up and get rid of this waste of human genetic material.
Posted by: GM CASSEL AMH1(AW) USN RET at May 21, 2008 08:37 AM
Sounds like the Spanish Inquisitions! Or the Salem Witch Trials. A mistrial should have been declared on the simple fact that Gray was NOT read his Miranda rights. These are bogus charges and if Gray falls, they all fall. Then the government will have a loop hole to charge civilians in the same way.
Murtha the Hut is a absolutely obnoxious veil of a human being. He is dastardly, rude, selfish, inconsiderate and a liar. Now, who wants to live under such an inconsiderate government who stop at nothing to put you behind bars and let the criminals run free?
Makes me sad to see Marines, whom I call "brother," are being persecuted all the way to the bank.
Murtha, being a Vietnam Vet, should realize that tragic events happen in war time--we don't mean for them to, but they do. On both sides, mind you, not just our side.
Anyone ever see the movie "Fortress" with Christopher Lambert? Get ready--this is what our liberal weiners in Washington want. Bounce a check, go straight to Hell.
Posted by: Lynn at May 21, 2008 10:33 AM
This witch hunt and persecution of a patriot and the torture of his wife, parents, and other family members is an outrageous national disgrace. I would hope that the story is shared far and wide as our troops come to the point of deciding on reenlistment. Potential new recruits should know this story too before signing on the dotted line. Military life will be far worse after November 4th with a significant majority of Defeatocrats in Congress and regardless of who gets elected President.
Let the buyer (potential enlistee) beware! Jack Murtha and his ilk are waiting for you.
Posted by: Les at May 21, 2008 04:02 PM
How do they know there were 15 innocent civilians. Who said there were innocents civilians there. They were ambushed. And when there is an ambush there are certain rules of engagement to respond.
There was, as they said, multiple Wahabbi units, meaning they had the advantage of surprise and possible encirclement. Anyone who lived in that area had to know that something was going to happen.
NO One warned the Marines that there was an impending ambush. They were fired upon and responded the way a Rifle company, platoon is supposed to respond, they eliminated the opposition by any means possible.
Anyone who was there was NOT innocent. They were either participants or insurgent compatriots.
Another thing no one has brought up is, in the middle of an ambush, who's supposed to ask, "Are You part of the Insurgent group 'Trying to Kill Us' or are you an innocent civilian".
This is a sham and Bullshit of the highest degree. As Jack said they have to hang somebody, so they are turning over every rock to justify Murtha's stupid comments.
If the majority have been found to be NOT 'guilty' who were members of the platoon, how can anyone else even be charged.
They are using the word of some informant, who knows how reliable he is, that innocent civilians were involved. Now they have charged someone from Intelligence for doing his job.
Democrats are like flies, they eat shit and bother people.
Posted by: Mark at May 21, 2008 04:15 PM
Jack....."not a prosecution it's a persecution".....I agree that is what they should call it. It just makes me sick, this whole mess and it never ever had to happen.
Posted by: Wild Thing at May 21, 2008 06:30 PM
John....Yes...."Paybacks are hell Murtha"....and I will be glad when his payback happens.
Posted by: Wild Thing at May 21, 2008 06:32 PM
BobF, thanks for the link. This makes my stomach feel completely sick and like a knife in my heart.
Posted by: Wild Thing at May 21, 2008 06:34 PM
GM CASSEL AMH1(AW) USN RET, I agree with what you said so much. I wish that could happen.
Posted by: Wild Thing at May 21, 2008 06:35 PM
Thanks Lynn, I will check it out, I never heard of that movie.
Murtha made this whole thing worse then ever he is so horrible and will have these lives on his soul for what he has done. Their lives have been almost destroyed in regards to who they are as a person.
Posted by: Wild Thing at May 21, 2008 06:38 PM
Les, your right, Murtha is in the wings just waiting for anything like this he can do what he did before. He is not sorry, he has no conscience no soul no heart.
Posted by: Wild Thing at May 21, 2008 06:51 PM
Mark, exactly!!! And at the very beginning of all of the the information was finally let out that the informant's and the main one was in with the terrorists. Then there was that Iraqi doctor too that had several names and he was also a big time connection and friend of the insurgents. grrrrrrrr
Posted by: Wild Thing at May 21, 2008 06:57 PM
What a load of crap! This is a true American hero and he is being used as a sacrificial lamb to satisfy a politician....total B.S. Murtha needs to join Ted Kennedy....This world would be better off without any liberals...they are truely the down fall of America...just wait and see in November.....
Posted by: Dennis at May 21, 2008 09:09 PM
GOD bless Lt. Grayson and his family. Treasonous hack Murtha and his 'boy' Ted Kennedy are looking for scapegoats and a sacrificial lamb... Pontious Pilate told the crowd that Jesus was innocent but they demanded His crucifixtion and wanted Barabbas instead! PRAY for Lt. Grayson and Luke 1:37 states "For with God nothing is impossible."
Posted by: darthcrUSAderworldtour07 at May 21, 2008 11:50 PM
Can Ollie North A$$I$T Lt. Grayson in reference to his former legal eagles? ONE U.S. MARINE is worth fighting for, except for Murtha and Lee Harvey Oswald!
Posted by: drstrangeloveb52isok at May 22, 2008 12:07 AM
Wild Thing... So Al-Qaeda has NO rules of warfare
to obey, nor uniforms to wear, nor flags nor insignias to make visible... but WE have to fight islamofascist murderers and assassins and homicide bombers with 'civilized' rules of engagement? Hmmmmm? Perhaps the DC aristocrats are INFIDELS? - Rules of NON-Engagement 1967 & 2008
Posted by: 2bornot2b? at May 22, 2008 01:58 AM
