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Capt. Randy W. Stone Article 32 Fact Sheet
May 8-15, 2007

Latest news: Officer advises dropping Haditha charges, Associated Press, June 9, 2007.

Go to hearing summary /  news articles, day by day
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Fact sheet

Capt. Randy W. Stone was the staff legal officer for the 3rd Battalion, 1st Regiment when the incident occurred. Stone, who completed his officer training course in August 2003, was on his first tour in Iraq at the time of the Haditha incident. He is a 34-year-old Maryland native, currently assigned to legislative affairs duties. Capt. Stone is facing up to two years in prison and dismissal from the service if ordered to trial, convicted and sentenced to the maximum punishment.

Preferred Charges and Specifications:

Charge: Violation of the UCMJ, Article 92 

Specification 1 (Violation of a lawful order): wrongfully failed to ensure accurate reporting and a thorough investigation into a possible, suspected, or alleged violation of the law of war by Marines from his Battalion. (Maximum punishment dismissal, forfeiture of all pay and allowances, and confinement for 2 years) 

Specification 2 (Dereliction): negligently failed to ensure that this possible, suspected, or alleged violation of the law of war was accurately reported to higher headquarters. 

Specification 3 (Dereliction):  negligently failed to ensure that a thorough investigation was initiated into this possible, suspected, or alleged violation of the law of war. (Maximum punishment: [willful] Dismissal, forfeiture of all pay and allowances, and confinement for 6 months [through neglect or culpable inefficiency] Dismissal, forfeiture of two-thirds pay per month for 3 months, and confinement for 3 months)

Investigating officer: Maj. Thomas McCann, a legal affairs officer at Miramar Marine Corps Air Station.

Convening authority: Lt. Gen. James Mattis, commanding general for the 1st Marine Expeditionary Force and Marine Forces Central Commander for Afghanistan, Iraq and Africa.

Duration of the hearing: Seven days (May 8 to 15, 2007)

Unprecedented prosecution: The charges against Capt. Stone are believed to be the first time a legal officer has been accused of a crime arising out of his handling of a battlefield report.

In Capt. Stone's defense: Lead civilian attorney, Charles Gittins, says, "General Huck did not believe there should have been an investigation, nor did the staff judge advocate for the regiment. My client was the lowest-level guy and he reported everything that he had been told. There was no requirement that he should have done more. I don't think the people who made the charging decision thought it through -- it seems like they just threw everything at a dartboard."

Prosecutors: Lt. Col. Sean Sullivan, Lt. Col. Paul Atterbury

Key witnesses: Lt. Col. John Ewers, Maj. Samuel Carrasco, Lt. William Kallop, Maj. Dana Hyatt, Lt. Col. Kent Keith, 1st Sgt. Albert Espinosa, Capt. Jeffrey Dinsmore, 1st Lt. Adam Mathes, Maj. Kevin Gonzalez, Maj. Gen. Richard Huck (former commanding general of the 2nd Marine Division based at Camp Lejeune, North Carolina, who at the time of the incident, was in charge of troops in Haditha).

Source: Various articles in the North County Times and Associated Press.

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News articles

* Officer advises dropping Haditha charges, Associated Press, June 9, 2007. [Story no longer at original url.]

Capt. Stone Article 32 / Day Seven

* Lawyers on Haditha panel peer into fog of war, New York Times, May 17, 2007.

Witness: Capt. Randy W. Stone

* Marine tells why no Haditha-case probe: At hearing, legal officer cites his lack of training, San Diego Union Tribune, May 16, 2007.

Quote: “I have faith in this community and the military justice system to which I have devoted the past four years,” said Stone, who was a legal officer for the 3rd Battalion, 1st Marine Regiment at Camp Pendleton at the time of the killings.

* Marine in Haditha case defends actions, Associated Press, May 15, 2007. [Story no longer at original url.]

Quote: Prosecutors portrayed Stone as a meek novice who overlooked the killings in an attempt to gain favor with the other Marines. In his closing argument, Lt. Col. Paul Atterbury said that Stone knew women and children were killed in their homes but that he did nothing in response.

"The battalion judge advocate has a duty to make sure his Marines do not become desensitized to the mortally bruising combat environment that is Al Anbar, Iraq," Atterbury said.

Defense attorney Charles Gittins said that the prosecution's case was based on the assumption that Stone knew the killings were wrong, but that prosecutors had the luxury of hindsight. More senior Marines saw no need to investigate the deaths because they were deemed to have been a lawful consequence of combat, he said.

"He had no more knowledge about the deaths than the division commander, who was actually briefed by the battalion commander," Gittins said.

Atterbury said it was irrelevant that Stone's superiors saw no need for an investigation.

* Stone tells Haditha hearing officer he did his best, North County Times, May 15, 2007.

Capt. Stone Article 32 / Day Six

Witnesses: Lt. Col. John Ewers, Maj. Samuel Carrasco

* Marine investigator testifies officer should have probed Haditha killings, San Diego Union-Tribune, May 15, 2007.

* Witness: actions of Marine flawed, not illegal, Associated Press, May 15, 2007.

* Marine Refused Staff's Advice on Iraq Deaths, Major Testifies, New York Times, May 15, 2007.

* Witness tells reaction to Haditha deaths, Associated Press, May 14, 2007. [Story no longer at original url.]

* Marine colonel says captain not derelict in Haditha killings, Associated Press, May 14, 2007. [Story no longer at original url.]

* Legal affairs officer: Haditha decision not criminal, North County Times, May 14, 2007.

Capt. Stone Article 32 / Day Five

Witnesses: Maj. Dana Hyatt, Lt. Col. Kent Keith, Capt. Jeffrey Dinsmore

* Haditha hearing shows leadership mind-set, North County Times, May 13, 2007.

* 8 killed in Haditha called insurgents, San Diego Union-Tribune, May 13, 2007.

* Marine: Haditha deaths didn't need probe, Thomas Watkins, AP (via the Washington Times), May 12, 2007.

Capt. Stone Article 32 / Day Four

Witness: Capt. Jeffrey Dinsmore

* Intelligence officer rejected Haditha town council complaints, North County Times, May 11, 2007.

* Officer says did not mention Haditha deaths in homes, Reuters, May 11, 2007.

Capt. Stone Article 32 / Day Three

Witnesses: Major General Richard Huck, 1st Lt. Adam Mathes, Maj. Kevin Gonzalez, Capt. Timothy R. Strabbing

* Haditha deaths raised no red flags, Washington Post, May 11, 2007.

* General testifies Haditha killings appeared as combat deaths, North County Times, May 11, 2007.

* U.S. general didn't suspect slaughter in Haditha, Reuters, May 10, 2007 (story no longer at original address).

* General: No early indications that Haditha deaths should be investigated, North County Times, May 10, 2007.

* Marine general testifies by video link from Pentagon in case of Iraqi civilian deaths, AP (via San Diego Union-Tribune), May 10, 2007.

* General testifies in case of Iraqi civilian deaths, AP (via San Jose Mercury News), May 10, 2007.

* General testifies in Haditha case, NBC San Diego, May 10, 2007.

Capt. Stone Article 32 / Day Two

Witnesses: Sgt. Dela Cruz, 1st Sgt. Albert Espinosa, Sgt. Maj. Edward Sax

* Marine: Some civilian slayings were to be blamed on Iraqi army, North County Times, May 10, 2007.

* Marine says urinated on dead Iraqi at Haditha, Reuters, May 9, 2007.

* Marine sergeant says call for Haditha investigation was ignored, AP (via the Press-Enterprise), May 9, 2007.

* Marine first sergeant says he pressed for Haditha probe, North County Times, May 9, 2007.

Capt. Stone Article 32 / Day One

Witness: Lt. William Kallop.

* Officer at Haditha describes reaction, Washington Post, May 9, 2007.

* Marine commander testifies about Haditha, AP (via the Houston Chronicle), May 9, 2007. [Story no longer at original url.]

* Officer defends action that killed 24 Iraqis, AP (via the Los Angeles Times), May 9, 2007.

* Lieutenant testifies about Haditha deaths: officer stands by call not to investigate, San Diego Union-Tribune, May 9, 2007.

* Marine commander appears in court, AP (via the Guardian), May 9, 2007. [Story no longer at original url.]

* Officer Says Civilian Toll in Haditha Was a Shock, New York Times, May 9, 2007.

* Marine officer: Haditha killings lawful, NBC San Diego, May 8, 2007.

* Platoon CO grilled about Haditha response, Marine Corps Times, May 8, 2007.

* Military opens hearings on Haditha killings, NPR, Morning Edition, May 8, 2007.

* Officer testifies Marines did nothing wrong at Haditha, North County Times, May 8, 2007.

* Commander defends Marine response to Haditha killings, AP, May 8, 2007. [Story no longer at original url.]

* U.S. officer ordered Haditha move after Marine died, Reuters, May 8, 2007. [Story no longer at original url.]

* Marine lawyer faces tribunal in Haditha case, NBC San Diego, May 8, 2007.

* Officer charged in Haditha killings heads to court, AP via Napa Valley Register, May 8, 2007.