The government’s case against the Haditha Marines continue to fall apart….
The officer in charge of a military hearing expressed serious doubts Friday about the government’s prosecution of Lance Cpl. Justin Sharratt, one of three Marines charged in the November 2005 shooting deaths of Iraqi civilians in the city of Haditha.
Lt. Col. Paul Ware, who will recommend whether to send Sharratt to trial, challenged the prosecution, saying the government’s theory of the case does not warrant the three counts of unpremeditated murder filed against Sharratt in December.
"The account you want me to believe does not support unpremeditated murder," Ware told the lead prosecutor, Maj. Daren Erickson. "Your theories don’t match the reason you say we should go to trial."
Ware’s comments came as the government and defense presented him with summations of the case on the fifth and final day of a hearing that will determine if the 22-year-old rifleman from Camp Pendleton’s 3rd Battalion, 1st Marine Regiment will be ordered to stand trial.
Sharratt is accused of the civilian equivalent of second-degree murder for shooting three Iraqi brothers inside a home. A fourth man was shot by Staff Sgt. Frank Wuterich, who also faces murder charges.
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."
Prosecutors filed charges against Sharratt based on interviews with relatives of the slain men, who contended they did not have any weapons and were herded into the room and shot in rapid succession.
In a statement he read to Ware on Thursday, Sharratt said that story is false and that the killings stemmed from his belief his life was in danger.
"I would not change any of the decisions I made that afternoon," Sharratt said.
Prosecutors agreed Friday that the case centers solely on the competing version of events. The discrepancy among accounts is enough to warrant the case going to trial, Erickson told Ware.
"The seminal issue in this case is did the Iraqis have AK-47s?" Erickson said. "The issues in this case are best resolved before a trier of fact."
Ware seemed disinclined to order a trial, however, questioning whether any Iraqis would be willing to come to the U.S. to testify at trial if one is ordered.
Even so, 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.
Here is a picture of LCpl Sharratt taken a few years ago:
But remember Murtha’s proclamation of "cold blooded murder"?
Justin, along with the rest of the Marines, were accused on evidence provided by incompetent and agenda driven investigators who allowed a solo Marine to perjure himself to get out of a bind. They gathered evidence from the enemy and believed the enemy before our Marines. Oh, and don’t forget the "honorable" congressman who pronounced them all guilty more then a year ago.


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