December 31, 2007 --
1st Lieutenant Andrew Grayson will face
courts-martial for his alleged role in the incident at Haditha, Iraq
on November 19, 2005. Grayson is the third Marine and second officer
that is being sent to general court-martial at Camp Pendleton,
California. The prosecution in the case is expected to level more
criminal charges – including allegations Grayson attempted to
fraudulently obtain his discharge from active duty early last summer.
On June 13th, Joseph
Casas, Grayson’s California-based civilian attorney and
a
former enlisted Marine turned Navy prosecutor,
announced that Lt. Grayson had been discharged on June 1, 2007 and was
therefore
not liable for
prosecution under the UCMJ. The Marine Corps disputed the
claim and ordered Grayson to remain on active duty. At the time of the
incident a Marine Corps spokesman at Camp Pendleton declined to say
why Grayson had been issued his “DD-214,” the document active service
members receive upon discharge from active duty.
The 26-year old intelligence officer
with 2nd Counter-Intelligence Human
Intelligence Exploitation Company (CI HUMINT Co) was attached to 3rd
Battalion, 1st Marines (3/1) at Haditha when a squad of
Marines from Kilo Co., 3/1 was ambushed by an al Qaeda led and trained
attack force there. Grayson gained notoriety when he publicly refused
to accept non-judicial punishment for allegation he destroyed evidence
and impeded a criminal investigation into the matter.
Last September Grayson was offered a plea deal that
required him to admit that he covered up the killings in Haditha,
Iraq, in exchange for having all charges dismissed. Grayson refused,
saying he had done nothing wrong and would be selling his integrity by
accepting such a deal.
Grayson was recalled
from leave just before the Christmas holiday and ordered to return to
Camp Lejeune, North Carolina. He joined the service from
Springboro, Ohio, and was 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.
Marine Corps spokesman
Lt. Col. Sean D. Gibson said Sunday that the Marine Corps would soon
release a statement concerning Grayson’s situation.
Exemplary officer
An exemplary Marine
officer, Lt. Grayson was nominated for a Bronze Star for his bravery
after the ambush of a squad of Marines at Haditha triggered an all day
fight that left 24 Iraqi citizens and one Marine dead and 11 Marines
wounded. Lt. Grayson was nominated for the valor award 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 killed 20-year old LCpl Miguel “T.J.” Terrazas that sparked the
violence.
Grayson already faces three
charges related to the incident. Two 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.
Dispute over photos
The key prosecution
witness in the original charges was SSgt. Justin Laughner, an enlisted
marine under Grayson’s command at Haditha. Laughner testified several
times during the eight-month long hearing process that preceded the
charges that Grayson "pressured" him to erase photographs of the dead
in Haditha from his computer. 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
came from Capt. (now Major) Jeffrey Dinsmore, the intelligence officer
of 3/1 and the officer who interacted with Grayson on a daily basis.
On several occasions he testified that Grayson had done nothing wrong
ordering Laughner to destroy the photographs per Marine Corps
regulations because they held no intelligence value.
At the time Grayson gave
the orders to destroy the photographs there was no hint that a war
crimes investigation would ensue and that the photographs might one
day be considered evidence.
__________________________________________
Nathaniel R. Helms
Defend Our Marines
31 December 2007
Note: Nat Helms is a Contributing Editor to Defend Our
Marines. He is a Vietnam veteran, former police officer, war
correspondent, and, most recently, author of
My Men Are My Heroes: The Brad Kasal Story (Meredith Books, 2007).
