SEALs arraigned in Norfolk as protesters rally in support

NORFOLK

Two Navy SEALs arraigned Monday on charges of mistreating a suspected Iraqi terrorist were buoyed by a public display of support outside Norfolk Naval Station, where they are scheduled to be court-martialed next month.

About 100 supporters, some from as far away as Texas, gathered outside one of the base’s main gates to protest charges against three men. They carried flags and held signs reading “Save our SEALs” and “Is this America?”

There was no controversy inside the courtroom where Capt. Moira Modzelewski, a military judge, took less than an hour to formally arraign two of three accused commandos: Petty Officer 1st Class Julio Huertas and Petty Officer 2nd Class Matthew McCabe.

McCabe, 24, was charged with assaulting Ahmed Hashim Abed by striking him in the midsection with his fist. He is also accused of dereliction of duty and making a false statement to the investigator who interviewed him about the alleged assault.

The detainee’s name was blacked out in copies of charging documents, but Lt. jg Nicholas Kadlec, the lead prosecutor, read it aloud when he announced the charges.

The alleged assault took place at Camp Baharia, Iraq, on Sept. 1, Kadlec said.

Abed is thought to be linked to the grisly killings of four Blackwater contractors in the city of Fallujah in 2004. The military has not officially acknowledged his capture; fact sheets provided to the media referred to the detainee as a “suspected Iraqi terrorist.”

McCabe did not make a plea of guilt or innocence, and his lawyer, Neil Puckett, reserved his right to decide later whether to be tried by a jury or a judge. His trial is set to begin Jan. 19.

Huertas, 28, pleaded not guilty to three charges: dereliction of duty for not protecting a detainee in custody, making a false statement, and impeding the investigation into the alleged abuse.

Huertas’ civilian attorney, Monica Lombardi, said he would decide later whether to be tried by a jury or a judge. Modzelewski scheduled Huertas’ court-martial for Jan. 11.

A third SEAL, Petty Officer 2nd Class Jonathan Keefe faces charges of dereliction of duty and making a false statement. Keefe will be arraigned later.

All three are assigned to SEAL Team 10 at Joint Expeditionary Base Little Creek.

Their maximum punishment, if convicted of the misdemeanors, would be a year in the brig, demotion in rank and a bad conduct discharge.

Puckett and Lombardi both said they have not received any evidence of their clients’ wrongdoing. It is supposedly being reviewed to determine what parts of the case can be declassified for use in a public trial.

“It’s highly unusual they would require us to attend an arraignment without us having an opportunity to review” the case and supporting information, Puckett said.

Puckett hopes to avoid a trial.

He questioned the decision of Army Maj. Gen. C.T. Cleveland, head of the special operations command central, to send the cases to courts-martial when the SEALs refused to have the matter handled in what’s called an Article 15 hearing, or admiral’s mast.

A detainee’s claim to have been hurt by U.S. personnel is “not something a two-star general has to get personally involved with,” Puckett said. “Small hammers can tap down small nails.”

Their lawyers said Huertas and McCabe both felt they wouldn’t have been able to properly defend themselves in an Article 15, where they don’t have a right to a lawyer and can be judged based on a preponderance of evidence, not the “beyond a reasonable doubt” standard required in courts-martial.

A better resolution – and one that Puckett says is still possible – would be handling the matter administratively, within the chain of command, in a way that wouldn’t permanently stain the SEALs’ reputations.

Military commanders can formally counsel sailors if they do something wrong, Puckett noted. A non-punitive letter of caution would be acceptable because it doesn’t stay in a sailor’s permanent file. Regular performance evaluations – called fitness reports in the Navy – could also address any perceived shortcomings, Puckett said.

Those options might satisfy the outraged citizens who turned out at sunrise on a cold winter morning to protest.

Among them was McCabe’s father, Marty McCabe, who flew in for the demonstration from Las Vegas. “SEALs are a special breed – the best of the best,” Marty McCabe said. “If you can’t stand by the best of the best, what does that mean for the rest of our military? It’s a disgrace.”

McCabe said his son was a part of the team that arrested the detainee in a raid. “He’s a hero,” McCabe said. “It’s that simple.”

After the arraignment, Matthew McCabe joined the crowd to thank them for their support.

Donna Zovko, mother of one of the four slain Blackwater contractors, drove from Cleveland to show her support. She gave McCabe three rosaries, Puckett said: one for him and one for each of his fellow defendants.

At least two Republicans seeking to run for the 2nd Congressional District seat now held by Democrat Glenn Nye – military veterans Chuck Smith and Scott Taylor – also attended the protest. Taylor, a former SEAL, dismissed suggestions that prosecutors might have credible evidence to support the courts-martial.

“We’re not saying we shouldn’t go through the judicial process but I’m confident they’ll be found innocent,” Taylor said. “The real concern here is that never before have our troops been so scrutinized, and it’s becoming dangerous.”

Roughly two dozen lawmakers – including local representatives Randy Forbes, Rob Wittman, Walter B. Jones, and Nye – have signed a letter to Defense Secretary Robert Gates questioning the courts-martial and calling them an overreaction..

A spokeswoman for Sen. Jim Webb, Kimberly Hunter, said the Democrat doesn’t plan to intervene. “We’re aware of the situation but because the legal process is still taking its course, we don’t think it would be appropriate at this time,” Hunter said.

Rep. Bobby Scott, D-Newport News, agreed. “I think decisions about whether or not to prosecute someone should be based on evidence and not on politics,” he said.

A spokesman for Sen. Mark Warner, also a Democrat, said Warner had no comment on the case.

Kate Wiltrout, 446-2629 or kate.wiltrout@pilotonline.com

Corinne Reilly, 446-2949 or corinne.reilly@pilotonline.com