5 potential witnesses could support SEALs accused of abuse
By Kate
Wiltrout
The Virginian-Pilot
 February 20, 2010
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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Why do they
Submitted by RoyR759 on Fri, 02/19/2010 at 11:16 pm.
need immunity if they're telling the truth?
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The same reason why these seals have to defend themselves.
Submitted by HiYa on Sat, 02/20/2010 at 10:23 am.
These SEALS should NOT be on on trial. As far as I'm concerned the SEALS would have been justified in killing Abed on the spot. Instead they contained him and he makes claims that he was abused or hit. This "allegedly" witnessed by a 3rd Class P/O that may have not seen the whole incident and missed seeing Abed striking out or spiting on or biting our SEALS. These SEALS were in a war zone and had every right to try to keep control of a situation with physical means if necessary. Abed would kill every SEALS, P/O Demartino, his lawyer, your family and any other US citizen he could. He is a combatant, not a petty crook robbing the bubblegum machine. I could care less about his claims, all I care about is the health and well being of the SEALS and any other military member that put themselves in harms way to protect this country. Stop the political B/S and drop these charges.
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