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Haditha Marine to Testify at Court-Martial

By Major Bill Donahue, USMC -RET | Sunday, March 2nd, 2008

(Emphasis added)

A vindicated Marine lance corporal accused of war crimes at Haditha, Iraq has been granted testimonial immunity.

Former Lance Cpl. Justin Sharratt will testify on behalf of two enlisted Marine infantrymen waiting general court-martial in the infamous case.

It is expected by both defense teams and courtroom observers that Justin Sharratt will provide testimony beneficial to Lance Cpl. Stephen Tatum and Staff Sgt. Frank Wuterich, the two Marine enlisted men still facing trial for unlawfully killing Iraqi civilians.

Tatum was Sharratt’s squad mate during two vicious combat tours in Iraq in 2004 and 2005. Wuterich was his squad leader when the unit was ambushed at Haditha.

Daniel Conway, a former Marine and an associate of lead defense attorney Gary Myers and co-counsel in the Justin Sharratt case, said Sharratt received word Tuesday that he has been immunized from future prosecution.

(continue reading…)

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First Haditha Trial Set To Unfold

By Major Bill Donahue, USMC -RET | Monday, February 25th, 2008

By: MARK WALKER – Staff Writer
North County Times
NCTimes.com

SSgt Wuterich court[s]-martial puts global spotlight on Iraq rules of engagement

CAMP PENDLETON —- A jury that includes several combat veterans will gather in a courtroom here one week from Monday to hear the first case against four Marines being prosecuted in the slaying of two dozen Iraqi civilians more than two years ago.

The court-martial of Staff Sgt. Frank Wuterich will offer dramatically competing versions of what happened in the city of Haditha on Nov. 19, 2005, and the outcome could set the tone for subsequent courts-martial of the three other Marines.

The prosecutions are themselves controversial, drawing scorn from active-duty Marines and retired veterans, as well as global attention.

"Sergeant Wuterich is the key figure in this case," said Scott Silliman, a former military lawyer and now director of the Center on Law, Ethics and National Security at Duke University.

(continue reading…)

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NCIS: No evidence of 2nd ambush on MarSOC unit

By Major Bill Donahue, USMC -RET | Wednesday, January 16th, 2008

By Trista Talton – Staff writer Marine Corps Times
Posted : Tuesday Jan 15, 2008 11:56:05 EST

CAMP LEJEUNE, N.C. — An investigating officer said Monday there was no physical evidence to support that a Marine Special Operations platoon took small arms fire following a vehicle bomb attack last year in Afghanistan.

Chief Warrant Officer 2 Robert O’Dwyer

, who was assigned to the Naval Criminal Investigative Service, was part of the investigative team who went to Afghanistan nearly two months after the March 7, 2007 attack in Nangahar Province. [Blog note: TWO MONTHS LATER???]

I don’t believe a follow-on ambush occurred,” he said. [Blog note: After he went...TWO MONTHS LATER??? Of course, the "crime scene" would be all but wiped out. In other words, Sterile!]

O’Dwyer testified the investigative team spent 60 minutes at the actual site of the attack on the six-vehicle convoy. He was the first witness of the day in the second week of the court of inquiry looking into the actions of Fox Company, Marine Corps Forces Special Operations Command, who are alleged to have killed as many as 19 Afghan civilians according to some reports.

(continue reading…)

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NCIS Under The Gun?

By Major Bill Donahue, USMC -RET | Thursday, November 8th, 2007

MARK WALKER

North County Times.

Staff Writer

NORTH COUNTY —- The investigative practices of the Naval Criminal Investigative Service will be under scrutiny later this month when three of its agents are expected to take the stand in a Camp Pendleton courtroom to answer an allegation they fabricated parts of statements being used in the prosecution of a Marine lieutenant.

David Sheldon

, an attorney for 2nd Lt. Nathan Phan, alleged Friday that the agents added information into the statements taken from three Marines last spring that said they saw his client taking part in the assault of Iraqi civilians. The information they added, Sheldon contends, was false.

Those same three Marines have since consented to a request from Phan’s defense team to provide signed affidavits saying they never told the agents Phan assaulted anyone.

“The question has to be ‘What would motivate these three Marines to lie,’” Sheldon said during a telephone interview Monday. “Why would they bother to make up these allegations?”

(continue reading…)

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Haditha Unraveled

By Major Bill Donahue, USMC -RET | Thursday, October 25th, 2007

In a report obtained by NEWSWEEK, the affair’s investigator casts doubt on the prosecution’s case.

By Dan Ephron
NEWSWEEK
Updated: 2:08 PM ET Oct 20, 2007
(Emphasis added)

Lt. Col. Paul ware can be blunt. As the investigating officer in the Haditha affair, he has the job of assessing how strong a case the prosecution has against Marines suspected of killing 24 civilians after being ambushed two years ago in western Iraq.

Haditha is the highest-profile atrocity case since the start of the war.

For more than a year, prosecutors have assembled evidence against four shooters in Kilo Company, including Staff Sgt. Frank Wuterich, 26. But in a painstaking, 37-page report written earlier this month and obtained by NEWSWEEK, Ware tells the military lawyers their case is weak: “The evidence is contradictory, the forensic analysis is limited and almost all the witnesses have an obvious bias or prejudice.”

(continue reading…)

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