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Fact sheet
The hearing commenced on Tuesday, November 13.
1st Lt. Andrew A. Grayson,
of Springboro, Ohio,
was
25-years-old and on his second tour of Iraq at
the time of the Haditha incident.
He joined the service in May 2003 through the Naval Reserve Officer
Training Corps. An intelligence officer with 2nd CI HUMINT Co., Lt.
Grayson and SSgt. Justin Laughner gathered information about the
ambush and subsequent battle on November 19, 2005.
An exemplary Marine officer, Lt. Grayson was nominated for a Bronze
Star before the investigation into Haditha began. Grayson's attorney,
Joseph Casas, said the medal recommendation was written in February
2006, about the same time government agents were probing the deaths.
Casas said the nomination
praised the Marine for learning of two other roadside bombs in Haditha
from Iraqis he questioned in the wake of the attacks. He was also
cited for obtaining information that led to the capture of two men who
detonated the bomb that sparked the violence.
The medal nomination also
cites other instances in which Grayson obtained information that may
have saved American lives over a five-month period from August to
December 2005, Casas said.
"I think it is indicative
of the type of Marine he is and the unblemished career Lt. Grayson has
led and of his good military character," said Casas, who believes the
recommendation is still under consideration.
Lt. Grayson faces three
charges related to the incident. Each of those charges comes with the
possibility of five years' prison time and dismissal from the service.
Preferred Charges and Specifications:
Charge I: Violation
of the UCMJ, Article 92 (Dereliction) (Maximum punishment:
Dismissal, forfeiture of all pay and allowances, and confinement for 6
months)
Specification 1: willfully
failed to ensure that this possible, suspected, or alleged violation
of the law of war was accurately reported to higher headquarters.
Specification 2: willfully
failed to ensure that a thorough investigation was initiated into this
possible, suspected, or alleged violation of the law of war.
Charge
II: Violation of the
UCMJ, Article 107 (False Official Statement) (Maximum punishment:
Dismissal, forfeiture of all pay and allowances, and confinement for 5
years)
Specification: did with intent
to deceive, make a false official statement.
Charge III:
Violation of the UCMJ, Article 134 (Obstructing Justice)
(Maximum punishment: Dismissal, forfeiture of all pay and allowances,
confinement for 5 years)
Specification:
did wrongfully endeavor to impede an investigation.
Convening
authority: Lt. Gen.
Samuel T. Helland,
commanding general for
the 1st Marine Expeditionary Force.
Investigating officer:
Col. Michael Stahlman (after
Lt. Col. Tracy Daly
recused himself)
Prosecutor: LtCol Paul
Atterbury
Defense:
Maj. William Santmyer
(military counsel),
Joseph Casas (civilian attorney and former
prosecutor for the Navy Judge Advocate General's Corps)
What to expect
at the hearing:
Key prosecution testimony will come from
SSgt. Justin Laughner. He testified at the
Lt. Col.
Chessani hearing that 1st Lt. Andrew Grayson "pressured" him to erase
photographs of the dead in Haditha from his computer. The reason was
that they would not be part of a statement being prepared for
top-ranking officers and a Time magazine reporter. Laughner said he
felt the order amounted to obstruction of justice but that he complied
and later lied when asked whether any pictures had been taken.
Key defense testimony will come from Major Jeff Dinsmore (intelligence
officer, 3/1) who will testify that statements regarding insurgents in
Haditha were, in fact, correct. Read Major Dinsmore's NCIS statement
here
and a portion of his deposition
here.
An interesting wrinkle: On June 13th, attorney Joseph Casas
announced that Lt. Grayson had been discharged on June 1, 2007 and was
therefore
not liable for prosecution under the UCMJ. Casas has advised
Grayson not to appear at the hearing. According to the
Associated Press, "The Marine Corps disputes that Grayson has been
deactivated and declined to explain why he had received discharge
papers."
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