Published: July 14, 2007 07:26 pm         

Edmond Marine’s hearing set Monday

EDMOND — The military hearing officer who recommended murder charges be dropped against one of three Marines charged in the 2005 slaying of Iraqi civilians in Haditha also will preside over the hearing for an Edmond Marine.

The Article 32 Investigation hearing for Lance Cpl. Stephen B. Tatum is scheduled for Monday at Camp Pendleton. Tatum is charged with unpremeditated murder, negligent homicide and assault.

Last week the Investigating Officer Lt. Col. Paul J. Ware recommended murder charges against Lance Cpl. Justin L. Sharratt be dropped.

In the report, released by Sharratt’s defense attorneys, Ware wrote, “To believe the government version of facts is to disregard clear and convincing evidence to the contrary, and sets a dangerous precedent that, in my opinion, may encourage others to bear false witness against Marines as a tactic to erode public support of the Marine Corps and mission in Iraq,”

It is the second time an investigating officer has recommended charges not continue to trial. In the case of Marine lawyer Capt. Randy W. Stone, the investigating officer recommended his dereliction of duty charge be dealt with administratively, according to Associated Press reports.

Tatum is one of four enlisted Marines charged with violations of the Uniform Code of Military Justice for their alleged involvement in the deaths of Iraqi civilians following an improvised explosive device that killed a fellow Marine and small arms attack on the convoy Nov. 19, 2005, in Haditha, Iraq. The Marines contend their actions were in keeping with the rules of engagement.

Ware also is scheduled to preside over the hearing for Staff Sgt. Frank Wuterich, the man who led the assault in Haditha.

Wuterich faces 13 counts of unpremeditated murder and two counts of soliciting another to commit an offense.

Charges against one Marine were later withdrawn. The proceedings for Tatum could take five to 10 days.



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