Haditha prosecution theory of case in question

San Diego Union-Tribune:

The Marine officer who will help decide whether Lance Cpl. Justin Sharratt should face trial expressed doubt yesterday about the prosecution's assertions that Sharratt killed defenseless Iraqis execution-style.

Lt. Col. Paul Ware said he was having “a great deal of difficulty understanding the prosecution's theory” that Sharratt and another Marine led four Iraqi men into a house, then executed them Nov. 19, 2005, in the city of Haditha. Ware is scheduled to make his recommendation on whether to court-martial Sharratt by the beginning of next month.

The prosecution's arguments aren't supported by forensic and other evidence, Ware said during the final day of Sharratt's preliminary hearing at Camp Pendleton.

His comments came a day after Sharratt – a member of Kilo Company, 3rd Battalion, 1st Marine Regiment – testified that he and Staff Sgt. Frank Wuterich shot the Iraqis in self-defense after at least one of them pointed an AK-47 rifle in their direction.

Forensic evidence suggests that one of the Iraqis was shot while crouching behind a closet door, according to testimony given Thursday by a special agent with the Naval Criminal Investigative Service.

Also yesterday, the lead prosecutor, Maj. Daren Erikson, said he was unsure whether any Iraqi witnesses would be able or willing to come to the United States to testify should Sharratt be court-martialed.

In interviews last year with military investigators, relatives of the four dead Iraqis said Marines separated those men from the women and children, marched the men into a bedroom and killed them.

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The North County Times also reports:

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Ware also suggested he is inclined to believe Sharratt, who maintains the first two men he shot were pointing AK-47 rifles at him, and that the killings were carried out in self-defense.

"To me it seems the most important issue is whether the Marines perceived a hostile threat," Ware said. "It comes down to credibility to determine if this case should go to trial."

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... Ware said forensic evidence presented by agents from the Naval Criminal Investigative Service who found multiple bullet holes in the walls and curtains of the room does not suggest execution-style killings.

"What the evidence points to is that the version of the Iraqis isn't really supported," Ware said.

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If the forensic evidence supports the Marines testimony and contradicts the Iraqi testimony it is east to conclude that the Iraqis were lying. It is important to point out that Lance Cpl. Justin Sharratt was the shooter in the last house that was cleared that day. His exoneration may have no impact on the other cases. However it should raise some question about the judgment of the prosecution in attempting to bring a case against him. This doubt may make it more difficult for the prosecution to carry its burden in the other cases which will be heard in July and August. BTW, the defense lawyer in this case did bring up the fact that the enemy was camouflaging himself as a civilian. It is a point that needs to be hammered. Hat tip to Bruce Kessler and Larwyn.