To: Lou Weed who wrote (250685 ) 12/5/2007 4:02:58 PM From: Ruffian Read Replies (1) | Respond to of 281500 Pre-trial hearings Testimony in an Article 32 investigation for Capt. Randy W. Stone, equivalent to a civilian grand jury proceeding, began on May 8, 2007. At the hearing, Marine Lt. William Kallop, the platoon commander who ordered Marines to "clear" four houses, testified that rules of engagement were followed and nothing wrong was done. When asked what mistakes were made, he said none, and went on to describe that the Marines on the scene pinpointed small arms fire as coming from those homes, and saw a known insurgent run into one of the homes. [35] On May 9, Sergeant Sanick Dela Cruz, who received immunity in return for testimony, testified that he watched Staff Sergeant Frank Wuterich shoot five Iraqis who were attempting to surrender. Cruz further testified that both he and Wuterlich fired into the bodies of the five after they were dead, and that he had urinated on one of the dead Iraqis.[36][37] During the hearing, Maj. Dana Hyatt, then a civil affairs officer for the 3rd Battalion, 1st Marines, testified that eight of the dead were insurgents, contradicting the Marine Corps prosecution claims that all 24 slain were civilians.[38] The eight consist of four men killed in one house and the four passengers in the taxi, who were said to be insurgents based on an unconfirmed report of weapons in the car.[39] No weapons were found in the white taxi.[40] Capt. Jeffrey Dinsmore, the intelligence officer for the battalion, testified that “it's fairly well established through the (unmanned aerial vehicle) coverage that there were insurgents in those homes."[41] The Article 32 investigation recommended Capt. Randy W. Stone's criminal charge be dismissed, but that he face a new lesser charge that would be handled administratively for failing to investigate the incident properly.[42] The charges against Stone were dropped on August 9th.[8] Lt. Col. Jeffrey Chessani was recommended to face court-martial for having "failed to thoroughly and accurately report and investigate a combat action that clearly needed scrutiny."[43] Lt. Col. Paul Ware, the Inspecting Officer for several of the enlisted Marines, recommended on July 11, 2007 that LCpl. Justin Sharratt be cleared of these charges. Ware stated, "[t]he government version is unsupported by independent evidence... To believe the government version of facts is to disregard clear and convincing evidence to the contrary."[44] The charges against Sharratt were dropped on August 9th.[8] Article 32 hearings for LCpl. Stephen Tatum began July 16, and for SSgt. Frank Wuterich begins in August.[45] The investigating officer recommended charges be dropped against Tatum.[9] [edit] Charges dropped On April 17, 2007, the Marine Corps dropped all charges against Sgt. Sanick P. Dela Cruz in exchange for immunity during testimony. On August 9, 2007, all charges against Lance Cpl. Justin Sharratt and Capt. Randy Stone were dropped.[33] On September 18, 2007, all charges against Captain Lucas McConnell were dropped. [46] The investigating officer recommended charges be dropped against LCpl. Stephen Tatum.