Mattis orders Hadithah Marines to trialStaff report
Posted : Friday Oct 19, 2007 20:27:07 EDT
OCEANSIDE, Calif. — The Marine Corps’ top commander of forces in the Middle East dismissed murder and negligent homicide charges against an infantryman implicated in the deaths of innocent Iraqis but ordered him to a general court-martial for lesser charges, officials said Friday.
Lt. Gen. James N. Mattis also ordered a separate general court-martial for the Marine’s infantry battalion commander, who faces dereliction of duty and orders violation charges for allegedly failing to accurately report and investigate war-crime allegations involving some of his men in the Nov. 19, 2005, deaths of Iraqi civilians in the village of Hadithah.
In each case, Mattis, who commands Marine Corps Forces-Central Command and I Marine Expeditionary Force, “made his decision after consideration of information developed from investigations by Marine, Army and Naval Criminal Investigative Service investigators, as well as evidence produced during an Article 32 investigation hearing,” officials said in separate news releases announcing the decisions. Neither court-martial has been scheduled.
Lawyers for Lance Cpl. Stephen Tatum, however, said Friday they plan a strong fight against the prosecution. Mattis referred Tatum to trial on charges of involuntary manslaughter, reckless endangerment and aggravated assault.
Tatum “did not commit any crime, and we will take the fight to the courtroom,” lawyers Jack B. Zimmerman and Kyle R. Sampson said in a statement. “We will vigorously challenge the government’s case, and nothing will be left undone in defense of this fine young Marine.”
“We are very disappointed that the commanding general did not follow the recommendation to withdraw and dismiss all charges made by the experienced trial judge who heard all the evidence during the Article 32 investigation,” they said. The Article 32 investigating officer, Lt. Col. Paul Ware, had recommended dismissal of the charges.
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http://www.marinecorpstimes.com/news/2007/10/marine_mattis_hadithah_071019/