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Iraq
Investigator: Drop Marine's Haditha murder charges
2007-07-11
SAN DIEGO, California (AP) -- An investigating officer has recommended dismissing murder charges against a Marine accused in the slayings of three Iraqi men in a squad action that killed 24 civilians in Haditha, according to a report released Tuesday.

The government's theory that Lance Cpl. Justin L. Sharratt had executed the three men was "incredible" and relied on contradictory statements by Iraqis, Lt. Col. Paul Ware said in the report, released by Sharratt's defense attorneys. "To believe the government version of facts is to disregard clear and convincing evidence to the contrary, and sets a dangerous precedent that, in my opinion, may encourage others to bear false witness against Marines as a tactic to erode public support of the Marine Corps and mission in Iraq," Ware wrote.

Defense attorneys James Culp and Gary Myers in a statement welcomed the report and said it "reflected the value of the calm of a courtroom and the adversarial process."

Sharratt's mother Theresa said she was overjoyed. "This is a huge result; that report is a declaration of Justin's innocence," she said. "This is very, very good news."

The recommendation is nonbinding. A final decision about whether Sharratt should stand trial will be made by Lt. Gen. James Mattis, the commanding general overseeing the case.

It is the second time an investigating officer has recommended charges not continue to trial in the Iraq killings. In the case of Marine lawyer Capt. Randy W. Stone, the investigating officer recommended his dereliction of duty charge be dealt with administratively.

Three enlisted men are charged with murder and four officers are accused of failing to investigate the killings. On November 19, 2005, a roadside bomb blast killed one Marine, and in the aftermath other members of his squad killed two dozen Iraqis, including women and children in their homes.

Prosecutors at Sharratt's preliminary hearing introduced several accounts from Iraqis that said Sharratt had separated four men from a group of women and children and ordered them into a house. There, in a bedroom, he shot three of them and when he ran out of bullets the squad leader Staff Sgt. Frank Wuterich allegedly shot the fourth.

Sharratt's case is the first of the three men who are charged with murder to go to a hearing known as an Article 32 investigation, the military equivalent of a grand jury.
Posted by:tu3031

#7  ExJAG - where are you? Any insights or comment on this development, and the Haditha case so far, in general?

Posted by: Verlaine   2007-07-11 21:28  

#6  I downloading the scanned PDF and it is DEVASTATING. NCIS basically bought everything the Iraqi 'witnesses' said even when it was contradicted by the freakin' evidence when they brought these charges. Fuckin tranzi bastards!

BTW, the only testimony that fit the evidence was that of the accused. These charges should have never been brought. I will try and figure out where I downloaded it and post it here.
Posted by: Brett   2007-07-11 20:31  

#5  Paliwood comes to Iraq.
Posted by: gromgoru   2007-07-11 18:31  

#4  I pulled this off CNN via AP...believe it or not.
Posted by: tu3031   2007-07-11 16:43  

#3  I will hold my breath until the MSM picks up this story.
Posted by: Cyber Sarge   2007-07-11 16:40  

#2  Mr.Murtha, please lick the white powder in the envelope I'm sending you.
Posted by: Pamela Anderson   2007-07-11 13:30  

#1  A partial cover-up, but no doubt some of them are guilty of murder. I said so!
Posted by: Johnny Murtha   2007-07-11 12:35  

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