I would advised anyone entering the legal system be it civil or criminal to pay for the best counsel they can possibly afford.

Gen. Cleveland grants immunity to SEAL defense witnesses
 

By Rowan Scarborough

Cracks are beginning to appear in the military's prosecution of three Navy SEALs accused of striking a most-wanted terrorism suspect they had captured in Iraq.

Maj. Gen. Charles Cleveland last week signed grants of immunity for five Navy colleagues of the accused.

Some of those five, three enlisted men and two officers, are expected at trial to flatly contradict the prosecution's key witness, according to a Navy source close to the case, which centers on the September 2009 capture of Ahmed Hashim Abed.

The witness, the master-at-arms at the base in Anbar province where the captured terrorist was brought, told investigators that he saw Abed being struck by one SEAL. One of the immunized witnesses identified by the master-at-arms for corroboration is not expected to support his testimony. The military has not released witness statements.

In addition, the defense has requested that the judge order the government to turn over the name of the Army officer who interrogated Abed once he was brought to Baghdad, where he remains in custody on order of an Iraqi judge. The disclosure would mean that defense attorneys may call him as a witness to testify about Abed's appearance after he left the SEALs' custody.

A judge has ruled that the military must produce Abed as a witness for courts-martial, scheduled to be conducted in Baghdad perhaps as early as next month. Defense attorneys, in front of a military jury, can expose Abed's history as the suspected mastermind of the 2004 Fallujah atrocity that left the bodies of U.S. contractors hanging mutilated on a bridge.

The master-at-arms told investigators that Abed was punched in the gut by Special Operations Petty Officer 2nd Class Matthew McCabe. Petty Officer McCabe denies hitting Abed.

"We're pleased about the immunity grants," said Neal Puckett, Petty Officer McCabe's attorney. "They allow witnesses who have favorable testimony to testify."

At some point during Abed's captivity that first day, blood appeared inside his lip. The Navy source said, "All these al Qaeda guys are trained to injure themselves and claim they were tortured."

Two other SEALs on the mission, Petty Officer 1st Class Julio Huertas and Petty Officer 2nd Class Jonathan Keefe, are charged with providing false statements, as is Petty Officer McCabe.

In another win for the defense, a military judge ruled last week that the prosecution may not use Petty Officer Keefe's statement that he did not see Abed struck. The judge said investigators did not advise Petty Officer Keefe that he could remain silent.

U.S. Central Command, where Gen. Cleveland oversees special operations forces, filed official charges in October. The assault charge against Petty Officer McCabe stated that the SEAL did "unlawfully strike Ahmad Hashim Abed in the midsection with his fist."

The false statement charge states that Petty Officer McCabe told a Naval Criminal Investigative Service investigator, "I did not assault nor did I see anyone assault or abuse" Abed.

Petty Officer McCabe says that statement is true. At a rally Saturday in Scottsdale, Ariz., to raise legal funds, he announced that he had passed an independent lie-detector test on the question, "Did you strike Abed?"

A statement on Mr. Puckett's Web site says, "These terrorists are trained to claim abuse despite no physical evidence of such. More importantly, they know the powerful influence of our mainstream media and legal system and are using these facets as tools against us. This tactic with resulting media attention is effective in causing our heroes to question their training and decisions, placing their missions, lives and our security in jeopardy."

The military's decisions to charge the SEALs who took a suspected terrorist off the streets has stirred protests from some members of Congress and ordinary Americans.

A Facebook page, "Support the Navy SEALs who Captured Ahmed Hashim Abed," has attracted nearly 120,000 members. Another Facebook page, "Americans United Against the Prosecution of 3 Navy SEALs," has nearly 265,000 members.

When the SEALs brought the captured Abed back to Camp Schwedler in September, they had executed a perfect mission. Based on an intelligence report on Abed's whereabouts, they surprised him while he slept in his bed, marched him back to their helicopter and evacuated the area without firing a shot.

The U.S. command in Iraq has refused to provide details on Abed except to say that he is being held.

Gen. Cleveland wrote to members of Congress saying his decision to charge the SEALs was influenced by evidence that they tried to cover up a suspected assault

http://www.washingtontimes.com/news/...seals-weakens/

US military jury clears SEAL in Iraq abuse case
 

US military jury clears SEAL in Iraq abuse case
By LARA JAKES, Associated Press Writer Lara Jakes, Associated Press Writer
16 mins ago

BAGHDAD – A U.S. military jury cleared a Navy SEAL Thursday of failing to prevent the beating of an Iraqi prisoner suspected of masterminding a 2004 attack that killed four American security contractors.

The contractors' burned bodies were dragged through the streets and two were hanged from a bridge over the Euphrates river in the former insurgent hotbed of Fallujah, in what became a major turning point in the Iraq war.

The trial of three SEALs, the Navy's elite special forces unit, has outraged many Americans who see it as coddling terrorists.

Petty Officer 1st Class Julio Huertas, 28, of Blue Island, Illinois, was found not guilty by a six-man jury of charges of dereliction of duty and attempting to influence the testimony of another service member.

The jury spent two hours deliberating the verdict.

Huertas is the first of three SEALS to face a court-martial for charges related to the abuse incident. All three SEALs could have received only a disciplinary reprimand, but insisted on a military trial to clear their names and save their careers.

The trial stems from an attack on four Blackwater security contractors who were driving through the city of Fallujah west of Baghdad in early 2004. The images of the bodies hanging from the bridge drove home to many the rising power of the insurgency and helped spark a bloody U.S. invasion of the city to root out the insurgents later that year.

The Iraqi prisoner who was allegedly abused, Ahmed Hashim Abed, testified Wednesday on the opening day of the trial at the U.S. military's Camp Victory on Baghdad's western outskirts that he was beaten by U.S. troops while hooded and tied to a chair.

Navy Petty Officer 3rd Class Kevin DeMartino, who was assigned to process and transport the prisoner and is not a SEAL, testified he saw one SEAL punch the prisoner in the stomach and watched blood spurt from his mouth. Huertas and the third SEAL were in the narrow holding-room at the time of the incident, he added.

But defense attorneys tried to cast doubt on the beating claims, showing photographs of Abed after the alleged beating in which he had a visible cut inside his lip but no obvious signs of bruising or injuries anywhere else.

In her closing arguments, Huertas' civilian attorney Monica Lombardi pointed to inconsistencies between DeMartino's testimony and nearly every other Navy witness. She also reminded the jury of the terrorism charges against Abed, who is in Iraqi custody and has not yet been tried, saying he could not be trusted and may have inflicted wounds on himself as a way of recasting blame on American troops.

But prosecutor Lt. Cmdr. Jason Grover said DeMartino said the SEALs were itching to abuse Abed as payback for the killings of the Blackwater guards — two of whom were former SEALs.

UPDATE - US military jury clears SEAL in Iraq abuse case
 

US military jury clears SEAL in Iraq abuse case
Associated Press
BAGHDAD
BAGHDAD (AP) — A U.S. military jury cleared a Navy SEAL Thursday of failing to prevent the beating of an Iraqi prisoner suspected of masterminding a 2004 attack that killed four American securit...


BAGHDAD (AP) — A U.S. military jury cleared a Navy SEAL Thursday of failing to prevent the beating of an Iraqi prisoner suspected of masterminding a 2004 attack that killed four American security contractors.

The contractors' burned bodies were dragged through the streets and two were hanged from a bridge over the Euphrates river in the former insurgent hotbed of Fallujah, in what became a turning point in the Iraq war.

The trial of three SEALs, the Navy's elite special forces unit, in the abuse case has outraged many Americans who see it as coddling terrorists.

A six-man jury found Petty Officer 1st Class Julio Huertas, 29, of Blue Island, Illinois, not guilty of charges of dereliction of duty and attempting to influence the testimony of another service member. The jury spent two hours deliberating the verdict.

"It's a big weight off my shoulders," a smiling and composed Huertas said as he left the courthouse at the U.S. military's Camp Victory on Baghdad's western outskirts.


"Compared to all the physical activity we go through, this has been mentally more challenging."

Huertas said he plans now to continue with his military career and "to go home and kiss my wife."

Huertas was the first of three SEALS to face a court-martial for charges related to the abuse incident and the verdict was a major blow to the government's case. All three SEALs could have received only a disciplinary reprimand, but insisted on a military trial to clear their names and save their careers.

The trial stems from an attack on four Blackwater security contractors who were driving through the city of Fallujah west of Baghdad in early 2004. The images of the bodies hanging from the bridge drove home to many the rising power of the insurgency and helped spark a bloody U.S. invasion of the city to root out the insurgents later that year.

The Iraqi prisoner who was allegedly abused, Ahmed Hashim Abed, testified Wednesday on the opening day of the trial that he was beaten by U.S. troops while hooded and tied to a chair.

Navy Petty Officer 3rd Class Kevin DeMartino, who was assigned to process and transport the prisoner and is not a SEAL, testified he saw one SEAL punch the prisoner in the stomach and watched blood spurt from his mouth. Huertas and the third SEAL were in the narrow holding-room at the time of the incident, he added.

But defense attorneys tried to cast doubt on the beating claims, showing photographs of Abed after the alleged beating in which he had a visible cut inside his lip but no obvious signs of bruising or injuries anywhere else.

In her closing arguments, Huertas' civilian attorney Monica Lombardi pointed to inconsistencies between DeMartino's testimony and nearly every other Navy witness. She also reminded the jury of the terrorism charges against Abed, who is in Iraqi custody and has not yet been tried, saying he could not be trusted and may have inflicted wounds on himself as a way of casting blame on American troops.

"There was no abuse," Lombardi said. "This is classic terrorist training."

After the verdict, Lombardi said the jurors told her they had made their ruling because there were too many inconsistencies in the case and that they did not believe the prisoner.

Prosecutors refused to comment after the verdict, but in his closing argument Lt. Cmdr. Jason Grover said the SEALs were itching for payback for the killings of the Blackwater guards — two of whom were former SEALs — and that now the elite unit had "circled the wagons."

The court-martial of Petty Officer 2nd Class Jonathan Keefe, of Yorktown, Virginia, who is also charged with dereliction of duty on allegations he failed to safeguard the prisoner, is scheduled to begin Friday also at Camp Victory.

Petty Officer 2nd Class Matthew McCabe, of Perrysburg, Ohio, the SEAL charged with assaulting Abed, is scheduled to be court-martialed May 3 in Virginia, where the three men are based.

THAT is reasonable doubt.

Looking at this as a detached observer, I have a couple of observations:

1. The SEALS that got charged and demanded a court-martial have some huge stones;

2. General Cleveland's act of granting immunity to the other SEALS, so that they could testify on behalf of the charged defendant/SEAL, was huge, and showed that the General was pursuing justice.

3. If you needed a reason to be proud of the military justice system, this is it. The SEAL gets charged, maintains his innocence, demands a trial. General Cleveland, who is in charge and wasn't there, gets handed a public relations "sh*t sandwich", and the only thing he can do is go the court martial route. The case goes to trial, and a neutral jury (not a biased judge as when the Nazi judges were ruling for Hitler) finds the SEAL not guilty. Moreover, the whole world now knows that this was one person's word against a whole bunch of other people.

Charlie Cleveland was a neighbor of mine when he was the commander of A/3/7 and later S-3 of 3/7. He's a heck of a guy and a man of principle, not to mention one of the best soldiers/officers I've known. I was not at all surprised when he made the move to make the truth come out.

The system worked.

Violent agreement, your honor.

:lifter

Mmmmm, anybody else get the feeling the good General is a chess player? I would love to hear the back stories on all this.

http://www.professionalsoldiers.com/uw.php

Charlie Cleveland is a good man, and I think this has thus far turned out just as it should.

If he had offered the Article 15s and they declined, requesting a trial and he then dropped charges, he would either look weak or like he was not doing his job of justice and due diligence. No cover-up here, the first SEAL was afforded his opportunity in court and was acquitted of all charges by a jury of his peers.

Now let's see what happens to the other two sailors before we start planning the victory party.

TR

How would this be possible? Abed admitted that he was hooded in previous testimony.

I have to agree with everyone's opinion of Cleveland...good man.