Haditha Victims' Kin Outraged as Marines Go Free

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HADITHA, Iraq — Khadija Hassan still shrouds her body in black, nearly three years after the deaths of her four sons. They were killed on Nov. 19, 2005, along with 20 other people in the deadliest documented case of U.S. troops killing civilians since the Vietnam War.

Eight Marines were charged in the case, but in the intervening years, criminal charges have been dismissed against six. A seventh Marine was acquitted. The residents of Haditha, after being told they could depend on U.S. justice, feel betrayed.

"We put our hopes in the law and in the courts and one after another they are found innocent," said Yousef Aid Ahmed, the lone surviving brother in the family. "This is an organized crime."

No one disputes that Marines killed 24 men, women and children in this town in four separate shootings that morning. Relatives said the attack was a massacre of innocent civilians that followed a roadside bomb that killed one Marine and injured two. Marines say they came under fire following the bomb.

Nonetheless, military prosecutors filed charges that ranged from murder to covering up a crime. Three Marines were relieved of their duties then, and U.S. Rep. John Murtha, a former Marine, famously called the incident "murder" on television.

One by one, the cases fell apart. American and Iraqi witnesses provided conflicting accounts. The investigation began months after the incident, and many Iraqis who could have testified were unable to travel to the United States. Furthermore, several Marines were granted immunity.

Last week, a judge dismissed charges of dereliction of duty and failure to investigate filed against the highest ranking officer implicated, Lt. Col. Jeffrey Chessani. The Marine Corps plans to appeal.

The dismissals have deepened the victims' relatives' grief. Many say they feel deceived after having collaborated with U.S. investigators who came into their homes, collected evidence, took testimony, and ultimately failed to hold the Marines accountable.

"Right now I feel hatred that will not fade," said Ahmed. "It grows every day." Charges against two Marines who allegedly killed his brothers were dropped in August 2007.

All charges of murder in this case were dropped and at least seven Marines were given immunity to allow them to testify against Staff Sgt. Frank Wuterich, the squad leader. His charges now include voluntary manslaughter of at least nine people.

Wuterich has always maintained that he made the right decision, believing his Marines were under threat.

While other Marines' accounts have differed from his, Wuterich told the CBS News program 60 Minutes last year that he shot at five unarmed men outside a white car because he believed they were a threat when they started to move away from the car. At the first home they raided, where women and children were inside, he said he told his men to "shoot first and ask questions later", because he believed the Marines were coming under "sporadic" fire from the dwelling.

Wuterich said that he didn't consider killing 24 people a massacre and that he did what he did to protect his Marines from what he perceived to be a threat.

"I remember there may have been women in there, may have been children in there," he told 60 Minutes. "My responsibility as a squad leader is to make sure that none of the rest of my guys died ... and at that point we were still on the assault, so no, I don't believe [I should have stopped the attack]."

This is how the residents of Haditha recall that day: U.S. Marines were apparently bent on revenge after a roadside bomb killed one of their own. They killed four unarmed men and an unarmed taxi driver. Then they threw grenades and entered two homes. In the Younes' household, they killed eight people, including two toddlers, a 5-year-old and a mother recovering from an appendectomy.

In an adjacent home, they killed seven people, including a 4-year-old and two women, according to death certificates and one of the children who survived. Across the street, residents of two houses shared by a family were pulled out. The men were separated from the women as the Marines asked them about weapons.

Family members said they had one AK-47 in each house, which Iraqi law allows. The Marines forced the women and children into one house at gunpoint, then took four brothers to a back bedroom and executed them, the family said.

Yousef Aid Ahmed was not at home when the killing occurred. He is now the sole breadwinner for his mother and extended family.

His father became ill after the shootings, and later, the family said, went blind from grief. Ailing, he lingered in a small bedroom where his sons were killed. One was gunned down to the left of the bed, a second to the right. The third man's body wound up inside a closet and the fourth was propped against the wardrobe. Despite a fresh coat of paint, the ceiling still bears grey spots where the men's blood spattered. They were all shot in the head.