The Virginian-Pilot
©
NORFOLK
Five sailors could offer testimony contradicting the government's main witness in the controversial prosecution of three Navy SEALs accused of mistreating a suspected Iraqi terrorist.
But whether they'll take the stand is in question after the government denied their requests for immunity on Friday.
Attorney Charles Gittins represents the five potential witnesses, including two officers who led the SEAL detachment that captured Ahmed Hashim Abed in Fallujah in September. Abed is the alleged mastermind of the murders of four Blackwater contractors in Fallujah in 2004.
Gittins said his clients' testimony would be inconsistent with some or all of the statements made by Petty Officer 3rd Class Kevin Demartino, the Navy master-at-arms who claimed to have seen a SEAL hit Abed while he was being held in a U.S. detainee facility after his capture.
"If your intent is to have a fair trial, they are witnesses you'd want to hear from," Gittins said.
Monica Lombardi, who is defending one of the accused SEALs, said the government's decision not to grant immunity to key defense witnesses raises questions about the "fundamental fairness" of the process.
"They contradict a lot of what the government is alleging as having happened," Lombardi said. "Where is the government going with this case, and how are they going to ensure the accused's right to a fair trial?"
The prosecutions of Matthew McCabe, Jonathan Keefe and Julio Huertas, all assigned to SEAL Team 10 in Virginia Beach, have drawn widespread criticism, political heat and demonstrations outside the Norfolk base.
The cases are being handled locally, but the decision to press charges was made by Maj. Gen. C.T. Cleveland, head of Special Operations Command Central. Cleveland did so after the SEALs declined administrative punishment, which could have compromised their careers in special warfare.
McCabe, a petty officer second class, is charged with assault, making a false statement and dereliction of duty.
Lombardi's client, Petty Officer 1st Class Huertas, is charged with impeding an investigation, making a false statement and dereliction of duty, while Petty Officer 2nd Class Keefe faces charges of dereliction of duty and making a false statement.
Lombardi said she will consider asking the military judge overseeing Huertas' case to "abate" the proceeding, a ruling that could force the government to either grant immunity or drop the charges.
The next hearing in the case is scheduled for March 8 in Norfolk.
Eugene Fidell, a lawyer and president of the National Institute of Military Justice, said abatements are rare.
"Although it can be done, it's a tall order," Fidell said.
Kate Wiltrout, (757) 446-2629, kate.wiltrout@pilotonline.com
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This should have never made
This should have never made it past, good job MEN. I beleive that everyone involved with bringing these three SEALS to trial should be sent to GITMO for five years so they could really get to know these nice people, even share the same cell's
S/F ROGER FLEMING
After reading a handful of
After reading a handful of comments, I can't help but to make a comment myself. I don't think we should make this a leftwing/rightwing debate. Drawing a line in the sand rarely accomplishes a lot. I happen to be pretty far left on the richter scale on many issues, but absolutely agree that these brave, young, men should not be placed in the position that they now face. I have a feeling that there are many on the left who feel the same way I do. It makes a lot more sense to do something positive that can perhaps make a difference, rather than just venting on a blog. If you want to help our seals go to supportourseals.com and click on the "petitions to support our seals" link under the "pages" column. You will then find 3 petitions; one to General Patraeus, one to Secretary of Defensee, Robert Gates, and one to Adm. Gary Roughead. It always feels better to actually take some action.
Maj. Gen. C. T. Cleaveland: Total confusion, or...
Maj. Gen C. T. Cleaveland is so confused by political correctness that he forgot that the war is not with the defenders of our country.
HE JUST VALIDATED AND CONFIRMED AL-QAIDA TRAINING MANUALS AND THEIR METHODS! THANK YOU GENERAL, YOU JUST KILLED MORE OF OUR TROOPS! HOW DUMB SOMEONE HAS TO BE?
Let hope that this name: C. T. Cleaveland will be remembered by our Citizens, Veterans Organizations, and Private Sector. It must be assured that this general doesn't profiteer from his political correctness and his support for Al-Qaida by seeking public office, etc.
I believe that it would be disgrace for any American organization or corporation to hire this man.
Can we trust such a CONFUSED MAN to lead our troops in life and death situation? NOT!!!
The bottom line
The bottom line is this: On one hand, you have captured terrorists whom the left-wing liberals and the ACLU what to be tried in civilian court. They want to ensure that these captured terrorists receive as fair and equitable treatment as possible so that, like the violent criminals they tirelessly try to free from prison, these terrorists can go forth and go back to what they where doing before their capture (and, hopefully, vote for left-wing liberal politicians). On the other hand, you have an elite warrior class of Navy SEALs, dedicated to sacrifice and service to the nation and who have paid for YOUR freedom with THEIR blood, whom the left-wing liberals and the ACLU wish to crucify because the left-wing liberals and the ACLU still do not realize we are at war and terrorists actually do exist.
3 Navy Seals
I find it amazing how all of you right wing nut jobs want to blame President Obama for the policies that Bush started like trying terrorists in civilian courts!!!!! Learn your facts before you spew your Republican mis-information!
Terrorists in civilian courts
FACT: There were no military courts set up to try the first terrorists under Bush, they had to use civilian courts for those trials. Try FOX for all the facts. It's appalling we give rights to terrorists, war should not be publicized it only helps the enemy. Do you read about acts of terrorists in Fallujah news, never. I find men who critize our soldiers are jealous and gutless and would hide behind these seals if they were in any conflict. Do these sympathisers have remorse for our young American men brutilized, burned to death and hung in the air on a bridge? A split lip? what a baby. I would have riped his lips off if given the chance but I'm just a girl.
Really? Are you kidding?
RoyR759 wrote: "What did theymdo that was actually heroic and deserving of a medal beside hitting a prisoner in shackels, lieing to superiors and covering up their actions? Please, enlighten us" hmmm...let's see. The US Navy SEALs are a part of a dedicated and courageous American military force that, on a daily basis since 9/11, have fought and sacrificed to give you the freedom to post stupid anti-military comments.
"Fair Trial" ??? Where ?
If these sailors really want to have a "fair trial"....get the trial OUT of Hampton Roads. This area is too heavily influenced with "Military" that everyone is quick to throw Junior Sailors "under the bus" for "Sr. Chain of Command's" errors. The Navy has become very corrupt in giving orders that the Chain of Command will flat-out deny any allegations. I've seen it all before. It's easier to sacrifice an enlisted sailor's career than have a corrupt direct orders. We are "at war" and if a SEAL's mission is to be carried out (whatever it is)...it remains BEHIND closed doors! "Special Ops" is exactly what it's supposed to mean...NOT open or disclosed to the public! If there's a witness supposed to testify...they HAVE to testify...it's not an option. Appeal this Trial to Federal Court and get this trial OUT of Hampton Roads. All witnesses HAVE to testify...there's no such thing as "granting immunity" to anyone...chase this chicken out of the coup to tell the "real story" or they'll be charged with purgery.
they need to be given medals
NOT trials!!
What did they
do that was actually heroic and deserving of a medal beside hitting a prisoner in shackels, lieing to superiors and covering up their actions? Please, enlighten us