A photo contained in a Naval Criminal Investigative Service report obtained by The Washington Post shows a Marine inspecting a roadside scene near Haditha, Iraq, where five unarmed civilians were killed on Nov. 19, 2005. Earlier that day, Marines stopped the white taxi in which the men had been riding, then allegedly shot them after a bomb exploded nearby. The incident was the first on a day of violence in Haditha that left 24 civilians dead, among them women and children, and four Marines charged with murder.
A photo contained in a Naval Criminal Investigative Service report obtained by The Washington Post shows a Marine inspecting a roadside scene near Haditha, Iraq, where five unarmed civilians were killed on Nov. 19, 2005. Earlier that day, Marines stopped the white taxi in which the men had been riding, then allegedly shot them after a bomb exploded nearby. The incident was the first on a day of violence in Haditha that left 24 civilians dead, among them women and children, and four Marines charged with murder.
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Death in Haditha

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Jack Zimmerman, Tatum's attorney, declined to comment yesterday but decried the publication of the documents. "The ethical rules that govern lawyers prohibit me from even discussing the matter," he said.

Mashoot, the Iraqi soldier who was with the Marines, said he thought the attack on the houses was warranted because the entire convoy was taking fire. Investigators noted that he believed the Marines "had justification" because they were "defending themselves."

Another group of Marines, including Dela Cruz, simultaneously went to the north side of the road and found a dwelling that they believed was the "trigger house" for the roadside bomb. They took several Iraqis into custody, according to the documents, but did not shoot anyone in a search of several houses. Another man was shot after Marines observed him running along a ridgeline.

A few hours later, Sharratt, Wuterich and Salinas approached a third and fourth house after noticing men they said were peering at them suspiciously.

The investigative reports show that what happened there is unclear. Iraqi witnesses said the Marines angrily separated men and women into two lines before marching the men into the fourth house and shooting them. The three Marines told investigators they were searching for the men they had seen and separated the women into a safe area before Wuterich and Sharratt entered the house.

At First, No Inquiry

The military did not launch an inquiry of the Haditha deaths until a Time magazine reporter began to inquire about the incident two months later. Marine officers told investigators the reason was simple: Nothing in the reports they received from the field caused them to believe that a probe was warranted.

Investigators appear to have found little evidence that Marines on the ground or at headquarters tried to conceal the day's events. But Dela Cruz told investigators that Wuterich asked him to back up claims that the men in the taxi were trying to flee before they were shot.

Puckett, Wuterich's lawyer, challenged Dela Cruz's assertion: "Staff Sergeant Wuterich adamantly denies asking anybody to lie or change their story."

The documents show that Marines in Kilo Company, 3rd Battalion, 1st Marine Regiment, reported the incident to their base as it was happening and made clear that there were a significant number of civilian casualties. Though at first the Marines classified eight of the civilians as insurgents, they quickly reported that at least 15 civilians had been killed in what they called "crossfire" with the enemy.

The events came amid heavy insurgent attacks in Haditha that day that ultimately prompted Marines to call in airstrikes on suspected insurgent homes. The hectic nature of the day caused some early reports to be confused and inaccurate, Marines told investigators.

The Kilo Company commander, McConnell, told his Marines on the day of the attacks that they had done a good job, according to an investigative summary in the NCIS report. Investigators wrote that McConnell did not want to question his Marines on a day they lost a comrade but that he informed his superiors about the civilian deaths.

"There was never a hint whatsoever that these kids did anything improper. Not one," said Kevin McDermott, a lawyer who represents McConnell.

Marine officers said Chessani, the Marines' battalion commander, informed his superior, the regimental commander, of the civilian casualties the day they occurred and was told by that officer, Col. Stephen W. Davis, that no investigation was needed.

"There was nothing out of the ordinary about any of this, including the number of civilian dead, that would have triggered anything in my mind that was out of the norm," Davis told military investigators, according to a transcript. "There is nothing about this incident that jumped out at any point to us."

Maj. Gen. Richard A. Huck, the division commander, told investigators he learned about the civilian casualties on the day they occurred and believed that they were the result of a roadside bomb and the ensuing gunbattle between Marines and insurgents. Huck visited Haditha three days later and was briefed on the incident.

"Nothing in the brief caused any concern to me," Huck told investigators. "I do not recall if the brief discussed the number of Iraqis killed that day, but I do recall the brief discussing Marines clearing houses following the IED attack."

McConnell and Chessani have been charged in the case; Huck and Davis have not. Attempts to reach Chessani or an attorney for him were not successful.

In December 2005, the Marines authorized $38,000 in condolence payments to the families of the civilians killed in the first two houses, and Chessani, in early February, explained the payments in a memo. "The enemy chose the time and place of his ambush. Without callous disregard for the lives of innocent bystanders, the enemy would not have chosen to fight from the bedrooms and living rooms of civilian-occupied houses," he wrote.

The official inquiry began two weeks later, after the Time reporter sent a list of questions about the incident to Marine officials in Iraq. In his e-mail, the reporter raised the possibility that Marines had massacred civilians and executed the men from the taxi, based in part on a videotape made by an activist a day after the incident.

Huck told investigators he dismissed the allegations, believing they were part of an insurgent campaign to smear the Marines. Other Marine officers, such as Davis, also believed that the allegations were outlandish.

But Maj. Samuel H. Carrasco, then a battalion operations officer, said he and the battalion executive officer suggested an investigation to Chessani. Carrasco told investigators that "Lt. Col. Chessani then shouted, 'My men are not murderers.' "

The first investigation, by Army Col. Gregory Watt, ordered by Lt. Gen. Peter W. Chiarelli, then the top field commander in Iraq, essentially supported the Marines' accounts of events. Watt determined that the troops had reason to be suspicious of the men in the white car and concluded that while they did not positively identify targets in the houses, it might have been "unrealistic to expect" on the battlefield that day.

He also found no indication that the Marines "intentionally targeted, engaged and killed noncombatants," but he suggested a criminal investigation nonetheless. The NCIS investigation began March 12, leading to last month's charges.

Staff researcher Julie Tate contributed to this report.


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