CAMP PENDLETON – a lance corporal charged with killing Iraqicivilians, including children, in Haditha in 2005 wants a militarycourt to order U.S. Rep. John Murtha to submit to interviews aboutcomments Murtha made accusing Marines of murder.
Attorneys for Lance Cpl. Stephen Tatum also want to force aninterview with retired Marine Corps Commandant Michael Hagee aboutwhat Hagee may have said to Murtha or others about the Hadithakillings.
Defense attorney Jack Zimmerman argued in a Camp Pendletoncourtroom Wednesday that the charges Tatum faces may have come notbecause they were warranted, but rather as a result of pressurefrom top Marine Corps brass.
The slayings in Haditha on Nov. 19, 2005, triggered aninternational uproar and condemnation. Murtha, D-Pa., a formerMarine, asserted publicly that he had learned from Marine Corpsofficials, including Hagee, that innocent Iraqis had been killed”in cold blood.”
“We need to know if the commandant really said that,” Zimmermantold the judge, Lt. Col. Eugene Robinson.
Zimmerman, a civilian attorney, wants to find out which militaryofficials spoke to Murtha and what they may have told him.
Tatum, 26, has been charged with involuntary manslaughter in theshooting deaths of two children in a Haditha home. Tatum, who alsois charged with aggravated assault and reckless endangerment, hasnot yet entered a plea.
His trial is set for early spring. a conviction could result inup to 19 years in prison and a dishonorable discharge.
Zimmerman said he plans to ask Robinson to dismiss the case,based on his contention that Tatum will not get a fair trial.
The defense attorney raised concerns that potential jury membersmay have been unduly influenced by comments from commanderssuggesting the accused Marines are guilty.
Robinson will rule on the request on a later date.
Zimmerman told the judge that Hagee, who retired from the MarineCorps in November 2006, has declined to submit to an interview.Murtha also declined, Zimmerman said.
Murtha’s comments also spawned a civil libel suit brought byStaff Sgt. Frank Wuterich, another Marine who may face charges inthe Haditha killings.
In September, a federal trial judge ordered Murtha to talk toWuterich’s attorneys about whether his comments came within thescope of his job as a congressman. Murtha is appealing theorder.
In addition to Hagee and Murtha, Tatum’s attorneys also wantRobinson to force Tatum’s former battalion commander, Lt. Col.Jeffrey Chessani, to testify at Tatum’s trial, set for March.
Chessani was in charge on the day of the shootings, and isfacing his own trial on charges of willful dereliction of duty andviolation of a lawful order for allegedly failing to completelyprobe the slayings.
Tatum’s pre-trial hearing addressed a number of issues,including the reluctance of the Iraqi witnesses to come to theUnited States to testify.
- Contact staff writer Teri Figueroa at (760) 631-6624 ortfigueroa@nctimes.com.