SAN DIEGO, July 11, 2007
Report: Haditha Charges Should Be Dropped
Hearing Officer Says Case Against Corporal Lacks Sufficient Evidence, Witness Unreliable
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Marine Lance Cpl. Justin Sharratt arrives for his Article 32 investigation hearing at Camp Pendleton Marine Corps Base in San Diego County Monday, June 11, 2007. (AP Photo/Denis Poroy)
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Iraq: 4 Years Later
The conflict wears on as the nation struggles to rebuild.
The murder charges were brought against Lance Cpl. Justin L. Sharratt for killing three Iraqi brothers in November 2005.
Haditha is a town of 70,000, in Anbar province, the heart of the Sunni resistance, where, among the residents, anti-American passions run high, reports CBS News 60 Minutes correspondent Scott Pelley. In the months before Sharratt's unit arrived, other Marines there had suffered some of the heaviest causalities in all of Iraq, including the bombing of an armored vehicle that killed 14 Marines. Days before that, six Marines in Haditha were ambushed, tortured and killed. The enemy put it on the Internet
The hearing officer, Lt. Col. Paul Ware, wrote in a report released by the defense Tuesday that those charges were based on unreliable witness accounts, insupportable forensic evidence and questionable legal theories. He also wrote that the case could have dangerous consequences on the battlefield, where soldiers might hesitate during critical moments when facing an enemy.
"The government version is unsupported by independent evidence," Ware wrote in the 18-page report. "To believe the government version of facts is to disregard clear and convincing evidence to the contrary."
Prosecutors allege Sharratt and other members of his battalion carried out a revenge-motivated assault on Iraqi civilians that left 24 dead after a roadside bomb killed a fellow Marine, Lance Cpl. Miguel Terrazas of El Paso, Texas.View photos taken by Lucian Read, a photographer who was embedded with Marines in Haditha
Sharratt contends the Iraqi men he confronted were insurgents and at least one was holding an AK-47 rifle when he fired at them.
In addition to Sharratt, two other enlisted men are charged with murder and four officers are accused of failing to investigate the incident — the largest single Iraqi civilian death case of the war. Sharratt's case is the first among the three charged with murder to go to a hearing known as an Article 32 investigation, the military equivalent of a grand jury.
"We reacted to how we were supposed to react to our training and I did that to the best of my ability. The rest of the Marines that were there, they did their job properly as well," Sharratt's squad leader, Staff Sgt. Frank Wuterich, told CBS News' 60 Minutes in March.
"Whether this was a brave act of combat against the enemy or tragedy of misperception born out of conducting combat with an enemy that hides among innocents, Lance Corporal Sharratt's actions were in accord with the rules of engagement and use of force," Ware wrote.
He said further prosecution of Sharratt could set a "dangerous precedent that ... may encourage others to bear false witness against Marines as a tactic to erode public support of the Marine Corps and its mission in Iraq."
"Even more dangerous is the potential that a Marine may hesitate at the critical moment when facing the enemy," he said.
The recommendation to drop the murder charge 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.
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, prosecutors said, he shot three of them and when he ran out of bullets the squad leader Wuterich allegedly shot the fourth.
Ware deemed the witness accounts and testimony given by other Marines unreliable.
At home in Canonsburg, Pa., Sharratt's family said the news was huge.
"That report is a declaration of Justin's innocence," said Sharratt's mother, Theresa. "This is very, very good news."
Defense attorneys James Culp and Gary Myers said in a statement that the report "reflected the value of the calm of a courtroom and the adversarial process."
This is the second time an investigating officer has recommended charges not continue to trial in connection with the Haditha killings. In the case of Marine lawyer Capt. Randy W. Stone, the investigating officer recommended Stone's dereliction of duty charge be dealt with administratively.
© MMVII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
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See all 69 CommentsHe ordered these men to engage in a mission that was unrealistic, with a goal that is unattainable.
That does not excuse murdering unarmed men, women and children. But, George Bush should also be charged with murder. He ordered it.
Posted by tbweb at 12:27 PM : Apr 21, 2007
Yes they do.
But, if we play along with your Rambo inspired (IDF implemented) analysis, by what rules should they operate?
"Shoot first and ask questions later" is never acceptable in any situation.
"Shoot first and ask questions later" is never acceptable in any situation.
Posted by tuckerndfw at 12:31 PM : Apr 21, 2007
IDF implemented? I had no idea European Christains have but one tiny country? Or the Arabs for that matter.
Posted by zootallures2 at 12:39 PM : Apr 21, 2007
Your comment makes no sense to me.
The IDF routinely murders people, including unarmed men, women and children based on their "shoot first and ask questions later" policies.
Which is the same tactic currently being used by US forces in Iraq and Afghanistan. And, is being met with the same results achieved by the IDF. To wit: even more suicide bombers and attacks from what were formerly non-combatants.
What that has to do with Christians or Muslims escapes me.
"Shoot first and ask questions later" is never acceptable. The IDF (or US forces) using that policy does not make it legitimate.
Posted by tuckerndfw at 12:46 PM : Apr 21, 2007
But the poor Arabs never do anything to deserve it...oh no!
He dumb a$$, are the Jews in Iran blowing up buses to form another nation in Iran? No! But guess who are...Arabs! And guess who wants to attack Iran for no reason? White Christians.
You can compare the US to the Arabs, but to the IDF? The Iraqis are bombing in America to add another Arab country to the 19 they already have? You are in Iraq for the mutual cause of defending the Persian Gulf to the Arabian Sea with the UAE, Qatar, Kuwait, and of course Saudi Arabia. The Arabs are welcoming US bases to kill their own for money! Where is that in the Quran?????????
Posted by tuckerndfw at 12:46 PM : Apr 21, 2007
And of course that wouldn't be the case if the Arabs weren't so cheap to use unarmed men, women and children to gain a 20th country they really don't need. Maybe they should send them a tank or two instead of spending it all their oil money on palaces and fountains. Not to mention how odd it is seeing that Saudi Arabia is so heavily inveseted in the US arms industry. Must be because, if the Arabs trying to reform Roman Palestine had a real military and lost, they'd be out for good.
Posted by zootallures2 at 01:00 PM : Apr 21, 2007
I'm not a Jew, Christian or Muslim and consider them all equally dangerous based on their recorded histories.
"Jews" (many of whom are imposters) in Israel have been murdering people for decades based solely on their claim their imaginary God gave them land. Given the fact many Israelis are atheists, one has to wonder how they reconcile the claim that they don't believe in God with the claim that God gave them land (hence, they are imposters).
Israelis (not "Jews") murdering unarmed men, women and children is an established fact. Once again, your comments make no sense and are unrelated to my original comment. Or, the recorded fact that Israelis routinely murder unarmed men, women and children.
I would not be surprised if this claim is accurate. And which houses are to be considered 'hostile'? The ones not showering our forces with flowers, of course.
These soldiers must be held accountable for their actions, but even more importantly, the members of the illegitimate Bush regime should bear the bulk of the responsibility for these heinous acts.
It is clear that the pro-torture and abuse policies implemented by the likes of Rumsfeld, Gonzales, Ashcroft, Cheney, etc., led to a climate of war-crimes, within their lie-based war of aggression against Iraq.
For this reason, I am in favor of leniency for any lower level soldier involved in war crimes, if they are willing to provide evidence leading to a conviction, of one or more of their chain of command, with the ultimate goal of bringing members of the Bush regime before a judge, and removing them from the general population.
The poster 'tbweb/didntinhale' seems to think that laws governing war crimes can be ignored on a whim. This irresponsible criminal mentality is exemplified routinely in the craven excuses typically offered as justification for the shameful behavior that we regularly see from the IDF forces.
We continue to see the most despicable IDF tactics and mentality creep into the mindset and practice of our own military forces. What's next? Human shields?
As far as I'm concerned, the whole middle east isn't worth one more of our soldiers' lives. I would use the neutron bomb on the enitre area and take the oil. They are a sub-human form of life and we need to protect our way of life and eliminate the whole bunch before they do the same to us.
You are proposing the mass-murder of millions of innocent people, and the plunder of their resources. Yet, ironicly, you accuse these same people of being "sub-human".
Clearly you lack any moral standing to point fingers at anyone.
Posted by tbweb at 01:35 PM : Apr 21, 2007
I asked you to articulate those rules and you provided an irrelevant example. And, summarized by stating US forces should operate on the same level as "terrorists."
Which, would make them terrorists.
And, if that was true, would negate the stated purpose for US forces to be in Iraq in the first place.
You are incorrect. The rules of war (or law enforcement generally) do not change based on the "enemy."
"Shoot first and ask questions later" is never justified.
Posted by feelfree1 at 04:00 PM : Apr 21, 2007
US forces learned many of their tactics from IDF "advisers." The Bush administration adopted IDF procedures as the basis for the declaration the US Constitution no longer applies (Israel has no constitution).
As I stated in my very first comment, George Bush is as responsible for murdering these people as the soldiers who pulled the triggers. He is the one who regularly and routinely proclaimed "terrorists" have no legal rights whatsoever.
Which relegates them to the same status as chewing gum (even animals have rights). And, that is the same policy the IDF uses when dealing with Palestinians.
The Bush administration and Israel generally are war criminals litte different than any other war criminals throughout history.
The populations in the middle east cut off peoples' heads while they are alive. They pluck the eyes out of their wives, daughters or young female family members because they looked at a man, or a man saw them or they were raped. They cut off hands for thievery. They cut tongues out using pliers and a razor sharp knife for the fun of it. I saw film of Saddam's guard pushing people off of a three story roof. And you question my feeling about these animals. I don't accuse them of being sub human, their own actions make the case for me. They keep birds in their homes to eat the flies. The use of the neutron bomb would be beyond humane. The oil belongs to the victor. These hordes of zealots and barbarians wouldn't be missed. I don't feel that any of them are innocent. They are the enemy of civilization and decency. I say we must protect ourselves before it is too late.
Posted by drivelphobe at 05:15 PM : Apr 21, 2007
When a soldier performs an execution without proper authority (after a trial is conducted and sentence imposed), it is called "murder."
And is a violation of the Uniform Code of Military Justice (UCMJ).
It is irrelevant what you think. If their actions weren't "second guessed," then they would be accountable to no one. Which would make them "terrorists" or "criminals."
Despite all the Rambo movies mischaracterizing the duties of soldiers, they are generally not paid to assassinate or execute people.
Posted by drivelphobe at 06:07 PM : Apr 21, 2007
As are you.
Based on your comments, you should begin in your own home. You won't be missed.
This post makes no sense. Begin what? What about the eye plucking, beheading, severing of hands and tongues? That's all okay? The middle eastern tribes are primitive forms of life and are incongruous with civilization. Suicide bombers? How nice and respectable and civilized they are.
Re: "They cut tongues out using pliers and a razor sharp knife for the fun of it."
This sounds like a routine day at one of the CIA's secret torture facilities. State-terrorist networks like the CIA and Israeli Mossad are the most formidable proponents of terrorist activity that we know of.
Re: "I don't feel that any of them are innocent."
Obviously this is not for you to decide, however.
Re: "They are the enemy of civilization and decency."
Either we abide by the U.S. Constitution and all international treaties, which we are bound by under our Constitution, or we abandon any legal or moral authority to criticize others, and we surrender everything that we claim to be defending.
If we continue to ignore the rule of law and common decency, we will eventually end up like the collapsing rogue terror-State of Israel.
Re: "Have a great end of weekend yall."
You too!
Posted by drivelphobe at 06:31 PM : Apr 21, 2007
You stated that the entire Middle East should be "neutron bombed."
To which, I responded you shold begin at home.
Seems fairly clear to me that you should do unto yourself what you advocate doing to others.
I've lived in the Middle East and your ignorance is too great to be overcome in this forum, if at all.
Pat "Nuke the State Department" Roberston is far more uncivilized than most Muslims.
As are you.
So, once again, I suggest you begin at home if the intent is to eliminate uncivilized people from the planet.
Posted by feelfree1 at 04:00 PM : Apr 21, 2007
feelfree1,,,
The U.S. needs to adapt to the way of the Islamic terrorist in order to win! The way the U.S. is fighting in Iraq reminds me of the movie "The Last of the Mohicans", where the British with their bright colorful uniforms and structured fighting tactics were easily tracked, hunted and defeated by an enemy cloated and well hidden in the interior of the environment! Old-school fighting tactics and methods don't apply in a Guerrilla war! Until the U.S. properly adapts, U.S. forces will continue to be ambushed and slaughtered. The law of the jungle, dog-eat-dog applies, there are no rules! The only old-school rule the U.S. should keep is search-and-destroy, we don't need the overhead of any prisoners either! The U.S. presence and foot-print on the Iraqi battle field is too big, to visible and too noisy and we are sitting ducks for even an amatuer sniper. Just my $0.02!
Re: "Until the U.S. properly adapts, U.S. forces will continue to be ambushed and slaughtered."
The Iraqi people obviously have every right to defend themselves against the brutal and illegal invasion of their country, and from the collaborators of the invaders. Only a handful of Bush regime dead-enders still think that there is anything to be "won" in the disgraceful, crippling, and self-defeating debacle in Iraq.
If by "properly adapt(ing)", you are suggesting that the U.S. ignore the rule of law and common decency, then you clearly have no standing to criticize anyone else%u2019s actions, and you have no business labeling anyone else as a "terrorist".
Re: "The law of the jungle, dog-eat-dog applies, there are no rules!"
All those who bomb innocent civilians, rape, and torture, seem to agree with you here. You should learn to adapt to the rule of law and common decency, if you ever hope to become a valuable contributor to the community.
Re: "The law of the jungle, dog-eat-dog applies, there are no rules!"
All those who bomb innocent civilians, rape, and torture, seem to agree with you here. You should learn to adapt to the rule of law and common decency, if you ever hope to become a valuable contributor to the community.
Posted by feelfree1 at 07:21 PM : Apr 21, 2007
feelfree1,,,
Why don't you go volunteer for the Peace Corps or donate all your blood and then your body organs to someone who could make better use of them like our brave soldiers dying in battle to support your freedom of speech that you are obviously wasting with your support and sympathy for America's enemies! :)
While an active terrorist often accepts great personal risk for their action(s), 'tbweb/didntinhale' is content with merely screaming (from beneath his/her/its bed) for others to carry out atrocities for him/her/it. In this respect, retains even less honor than you average market bomber.
There seems to be no limit to American blood, treasure, and dignity that 'tbweb/didntinhale' is willing to donate, in order to appease his/her/its paranoid delusions, as long as he/she/it does not have to risk anything personally.
While conventional "terrorists" clearly appreciate the power of free speech, posters like 'tbweb/didntinhale' seem to contend that "free speech" should be restricted to boot-licking purposes only. Again, another morally bankrupt and utterly servile stance.
The very tactics you rant against are being used against American Forces right now! The enemy is already doing this to U.S. I appreaciate and understand your sympathy, love thy neighbor and turn the other cheek philosphy, but understand in order to do all that you need to be "alive" to do it! If the Islamic extremist get the chance they won't hesitate to put a bullet in your head, burn your eyes out, cut your heart out or make you an instant Star by cutting your head off on the web! They don't share our values, they don't think like we do, they are as close to barbarians as it gets. Good luck with your bleeding heart, I don't share it in this context against this enemy!
Re: "Also anytime one of our brave boys should fall under attack it should become policy that the entire neiborhood that the shells or gunfire came from is open game and off limits for any war crimes."
You have just summarized our current defense policy.
Re: "As far as rape I have yet to see one of these Camel girls that was more attractive than my hand."
It is easy to see why you have selected your hand as your mate.
Re: "They don't share our values, they don't think like we do, they are as close to barbarians as it gets."
How arrogant that someone might claim to speak for such a large and diverse group of people. What qualifies you as their spokesperson?
Your earlier comments indicate that you have no sense of decency or honor, and lack basic understanding and/or respect for the rule of law.
Shouldn't you restrict your spokesperson activities to that of the 'blood-thirsty eunuch' demographic, which are represented in your ideas?
The extreme Islamic terrorist only have one goal in mind and thats to kill Americans! For example, the U.S. has stated over and over again that the U.S. will leave Iraq when the violence calms down and the Iraqi's stand up. If all the terrorist wanted was for the U.S. to leave Iraq, the terrorist could fake the U.S. out, make it peaceful enough for the U.S. to leave and then start their violence again after the U.S. is gone! But that's not what the terrorist want, the terrorist want a battle field victory with the specter of chasing the U.S. out of Iraq! Either way, the terrorist will follow the U.S. back home and start their car bombing and suicide bombings on U.S. soil, so we might as well finish the job and slaugther them on the Iraqi battle field using their tactics and get it over with!
feelfree1 is entitled to his opinions and so are the liberals, that's what makes America great, we have to show tolerance for all of us, but I admit its painful at times, very painful. :) LOL
They are only willing to risk the lives and safety of others, in order to achieve their craven goals.
Posted by didntinhale at 08:36 PM : Apr 21, 2007
--didntinhale
That is a very good point! feelfree1 tries to act like he is better than everyone else, above the fray and of nobel intentions ans have higher values but the moment feelfree1 gets upset he loses his values and holier than thou image and starts cuzzin and trashing people like a sailor, all values out the window! LOL!! feelfree1 is no better than anyone else!
I wonder why they were discontinued? I guess they worked to well or were not "surgical" enough.
This is indicative of the convoluted faith-based reasoning skills of the A.U. demographic.
Let's have a look:
didntinhale/tbweb at 08:24-
"Either way, the terrorist will follow the U.S. back home and start their car bombing and suicide bombings on U.S. soil, so we might as well finish the job and slaugther them on the Iraqi battle field"
didntinhale/tbweb at 08:44-
"My God How I yearn for the day Hadji comes to my town to hurt my family."
I wonder why they were discontinued? I guess they worked to well or were not "surgical" enough.
Posted by preacherbob1 at 08:56 PM : Apr 21, 2007
--preacherbob1
The Flame Thrower would be great in Iraq and since the U.S. haven't used it in a while we need a test subject to test it on, I nominate feelfree1, aim for his face and burn his tongue out! LOL
On a more serious note I like the tactic the Russians used when the terrorist took over that school and took those kids hostage. The Russians used some type of gas to put everyone to sleep and captured them! That would be perfect in Iraq, the U.S. could used that type of gas to put sections of Iraq to sleep, search for terrorist and weapon supplies and leave the innocent and deal with the enemy. I wonder why something like that isn't used.
Posted by antoniof123 at 09:10 PM : Apr 21, 2007
--antoniof123
What was choice about this? The U.S. chose this?
1993 - first attempt to blow up World Trade Center
1996- Khobar towers blown up in Saudi Arabia
1998- US embasy in Kenya blown up
2000- USS Cole bombed in Yemen
2001- World Trade Center blown up
Ah hem!
Posted by didntinhale at 09:16 PM : Apr 21, 2007
--didntinhale
Fine no problem, then we can just gas CNN first and take of everything while they are asleep! LOL
Freedom of the press freedom of religion? They would start cutting eachothers heads off in record numbers.
And having a state in the Middle of terror country would be delicious. Air force and Army bases everywhere. Hadji cookers everywhere..Paradise =)
Posted by didntinhale at 09:45 PM : Apr 21, 2007
--didntinhale
The U.S. has to be the only nation in history that defeats an enemy and then rebuilds the country! We excel at that! What's up with that? After getting rid of Saddam and not finding any weapons of mass destruction why didn't we just come home? Maybe that's why North Korea wanted to fight us so bad, so that the U.S. could rebuild it! I can't think of any nation that would destroy the U.S. and rebuilt the U.S.!! Can you? Would came up with that policy, I would really like to know?
Blood for Oil? Well? Bring it =)
Posted by didntinhale at 09:57 PM : Apr 21, 2007
--didntinhale
No way, they can keep Iraq! The U.S. should come home, lock the doors, forget global economy, get rid of all the illegals and terrorist foreign students shooting up our colleges and get lost in or own TV Land, Music and American dream world! This reminds me of the Matrix when dude said I'd rather stay in my fantasy if this is reality! he had a point! Give me the Blue Pill any day! LOL Ignorance is bliss! :)
Hopefully we will not see ridiculously light sentences for those who slaughtered these Iraqi civilians, such as those we have seen in other Iraq related U.S. war crimes.
In any case, the most severe penalties are reserved for the Bush regime and its collaborators. Even the soldiers that butchered these civilians are entitled to an apology from those who placed them their under fraudulent auspices.
Even the most terrible U.S. war criminals in Iraq, are also victims of the Bush League global terror crusade.
You won't understand how some of us feel until these issues touch your life in a personal way. Things are different when you have a personal experience. I remember not caring about illegals in the U.S., I remember feeling sorry for them and hoping they find a home in the U.S. and even wrote positively about illegals in my college assignments, its true. Then one day I was driving and an illegal Mexican smashed into my new car, he was not paying attention. He was driving a stolen car with stolen tags and had no drivers licence or car insurance. After my deductable it cost me $1300.00 out of pocket to get my car fixed the way I wanted it fixed. Counting the down time, lost of $1300.00 and the fact that this dude didn't seem to care or speak English made me very angry. The Police Officer who wrote the accident report said this is happening all the time, there are too many illegals driving illegally! My attitude towards illegals changed because of a personal experience, all of a sudden I wasn't so sympathetic and understaning anymore. It was hard to stay the same, I think personal experiences might change your mind about a lot of these issues too! Just be ready, you may be shocked to find your views changing.
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