Mattis orders Hadithah Marines to trial
Staff report
Posted : Saturday Oct 20, 2007 6:12:58 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.

Mattis’ decision to send the case to trial “imperils every young Marine and soldier who faces a split second decision in combat,” Zimmerman and Sampson warned. “The success of future infantry combat operations is at stake. We remain convinced that the military justice system eventually will reach the right result.”

Tatum’s former battalion commander, Lt. Col. Jeffrey R. Chessani, would be the first officer connected to the Hadithah incident to be tried at a general court-martial. Chessani and one of his company commanders with the Camp Pendleton-based 3rd Battalion, 1st Marine Regiment, were fired from command in April 2006 amid a firestorm of allegations that a Kilo Company squad deliberately killed civilians, including children, after a roadside bomb killed one of the Marines outside the village.

One of Chessani’s attorneys said they were “disappointed but not deterred by the decision.”

“We have faith in the military justice system and that our client will be exonerated by a jury of his peers,” said Brian Rooney of the Thomas More Law Center. “However, we feel that this decision will have a permanent negative impact on Marine Corps ‘trust tactics’ up and down the chain of command from General to Lieutenant Cpl. The day of a soviet style ‘political officer’ in every unit has moved a little closer.”

The Marines involved and their attorneys have denied the allegations, contending the Iraqis killed or wounded were unintentionally caught up in a running battle with insurgents.

Tatum and Chessani are among eight Marines — including three other officers and three enlisted men — the Marine Corps originally charged last year in the case.

Mattis later dismissed charges against four of the Marines: Lance Cpl. Justin Sharratt, Cpl. Sanick Dela Cruz, Capt. Randy Stone and Capt. Lucas McConnell.

Pending is a decision on whether to send the squad leader, Staff Sgt. Frank Wuterich, to a court-martial or dismiss the charges, which include murder. First Lt. Andrew Grayson is awaiting the start of his Article 32 preliminary hearing later this month on charges of dereliction of duty, false official statement and obstructing justice.

Ellie