Attorney: Napan not being charged in Haditha incident

Congressman says six Marines may face trial for deaths of Iraqis

By DAN ROSS
Register City Editor

Napa native Luke McConnell is not among the Marines facing criminal charges in the November 2005 deaths of 24 Iraqis in Haditha, according to his attorney.

McConnell was captain of the Camp Pendleton-based Kilo Company, 3rd Battalion, 1st Marine Regiment. Members of the company and military officials have been under investigation for the Nov. 19, 2005, incident in Haditha, Iraq, and its aftermath.

A report on the deaths of the Iraqis is due to be released later this month, and it does not implicate McConnell in any wrongdoing, his attorney, Kevin McDermott, said.

“I have not received any word that Capt. McConnell is in the firing line at all any more,” said McDermott. “Even with all the rumor mills going on, he is not being looked at for the events that day.”

Rep. Mark Udall, D-Colorado, told the Associated Press that about six Marines will likely face criminal charges in the killing of the 24 civilians in Haditha. Udall said he did not know the precise charges, but he said they were serious.

McDermott said the criminal investigation involves “some of the enlisted kids in that squadron and perhaps their sergeant, at the very worst their lieutenant.”

According to defense attorneys for some of the men potentially facing charges, the squad was on a routine mission when a roadside bomb ripped into a Humvee, killing one Marine and injuring two others.

In the aftermath of that explosion, 24 Iraqis also died. Defense lawyers have said their clients were following the rules of engagement when they returned fire from several houses nearby and shot several men in a taxi.

The Marines initially reported after the Nov. 19, 2005, killings at Haditha that 15 Iraqi civilians had been killed by a makeshift roadside bomb and in crossfire between Marines and insurgent attackers. Based on accounts from survivors and human rights groups, Time magazine reported in March that the killings were deliberate acts by the Marines.

A criminal investigation was then ordered by the top Marine commander in Iraq, Maj. Gen. Richard Zilmer.

McDermott has said McConnell was in Haditha on the day of the incident, but was not at the scene, a statement consistent with media accounts from Iraq.

Udall spoke after Lt. Gen. Richard Natonski gave a briefing to the House Armed Services Committee on the military’s investigations into the deaths and the likely next steps.

“I think all of us in there were struck by the incident, the number of civilians involved, and the extent of the tragedy,” said Udall. “There are some questions that still have to be answered, but it appeared the rules of engagement hadn’t been followed.”

In addition to the probe of the incident, there is a parallel investigation examining whether officers in the Marines’ chain of command tried to cover up the events. McConnell is not a target of that investigation, either, McDermott stated Wednesday.

“As far as we know, even in the alleged cover-up, he is not being implicated,” said McDermott. “He was not there when it occurred. There has never been an issue that (McConnell) issued an order to carry it out or knew about it if it occurred ... only a question about a cover-up.”

McDermott said there are also no further internal actions pending against McConnell, who earlier this year was “relieved of his duties” as captain of Kilo Company, 3rd Battalion, 1st Marines after the Haditha incident. Relieving an officer of his command duties is a routine administrative action during an investigation.

“That was the most significant thing,” said McDermott, “and we are not anticipating anything more.”

Associated Press writers Thomas Watkins and Erica Werner contributed to this report.

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