Defense raises command influence issue in Haditha case

North County Times:

A lance corporal charged with killing Iraqi civilians, including children, in Haditha in 2005 wants a military court to order U.S. Rep. John Murtha to submit to interviews about comments Murtha made accusing Marines of murder.

Attorneys for Lance Cpl. Stephen Tatum also want to force an interview with retired Marine Corps Commandant Michael Hagee about what Hagee may have said to Murtha or others about the Haditha killings.

Defense attorney Jack Zimmerman argued in a Camp Pendleton courtroom Wednesday that the charges Tatum faces may have come not because they were warranted, but rather as a result of pressure from top Marine Corps brass.

The slayings in Haditha on Nov. 19, 2005, triggered an international uproar and condemnation. Murtha, D-Pa., a former Marine, asserted publicly that he had learned from Marine Corps officials, including Hagee, that innocent Iraqis had been killed "in cold blood."

"We need to know if the commandant really said that," Zimmerman told the judge, Lt. Col. Eugene Robinson.

Zimmerman, a civilian attorney, wants to find out which military officials spoke to Murtha and what they may have told him.

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Zimmerman said he plans to ask Robinson to dismiss the case, based on his contention that Tatum will not get a fair trial.

The defense attorney raised concerns that potential jury members may have been unduly influenced by comments from commanders suggesting the accused Marines are guilty.

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In addition to Hagee and Murtha, Tatum's attorneys also want Robinson to force Tatum's former battalion commander, Lt. Col. Jeffrey Chessani, to testify at Tatum's trial, set for March.

Chessani was in charge on the day of the shootings, and is facing his own trial on charges of willful dereliction of duty and violation of a lawful order for allegedly failing to completely probe the slayings.

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Zimmerman is an excellent defense lawyer who is a former Marine. I think he has a good argument on the command influence issue. Under the UCMJ commanders may not order the military courts to prosecute someone. To the extent that there is any interference with the process by commanders, the case is subject to dismissal.

I think Zimmerman may fairly argue that the comments by Murtha which were attributed to Hagee suggested that the Marines were guilty of murder at Haditha.

His Chessani request appears to be more tactical. With Chessani already facing charges, Chessani may plead the Fifth Amendment in the Tatum case, which might give Zimmerman a hook for an appeal on being denied testimony from a commanding officer that might have helped Tatum's defense. Chessani has already indicated he thought the events at Haditha were part of a combat operation, which might be helpful to Tatum.