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Judge Drops Charges From Blackwater Deaths in Iraq

By CHARLIE SAVAGE
Published: December 31, 2009

WASHINGTON — In a significant blow to the Justice Department, a federal judge on Thursday threw out the indictment of five former Blackwater security guards over a shooting in Baghdad in 2007 that left 17 Iraqis dead and about 20 wounded.

The judge cited misuse of statements made by the guards in his decision, which brought to a sudden halt one of the highest-profile prosecutions to arise from the Iraq war. The shooting at Nisour Square frayed relations between the Iraqi government and the Bush administration and put a spotlight on the United States’ growing reliance on private security contractors in war zones.
Investigators concluded that the guards had indiscriminately fired on unarmed civilians in an unprovoked and unjustified assault near the crowded traffic circle on Sept. 16, 2007. The guards contended that they had been ambushed by insurgents and fired in self-defense.
A trial on manslaughter and firearm offenses was planned for February, and the preliminary proceedings had been closely watched in the United States and Iraq.
But in a 90-page opinion, Judge Ricardo M. Urbina of Federal District Court in Washington wrote that the government’s mishandling of the case “requires dismissal of the indictment against all the defendants.”
In a “reckless violation of the defendants’ constitutional rights,” the judge wrote, investigators, prosecutors and government witnesses had inappropriately relied on statements that the guards had been compelled to make in debriefings by the State Department shortly after the shootings. The State Department had hired the guards to protect its officials.
News of the judgment came out late Thursday afternoon, when it was the middle of the night in Iraq.
Mark J. Hulkower, the defense lawyer for the lead defendant in the case, Paul A. Slough, who was manning a turret machine gun during the episode, said that his client and his family had gathered in Texas for New Year’s Eve when he called them to convey the news. They were “overjoyed,” he said.
“We are obviously pleased at the decision dismissing the entire indictment and are thrilled that these courageous young men can start the new year without this unfair cloud hanging over their heads,” Mr. Hulkower said.
The other defendants were Evan S. Liberty, Dustin L. Heard, Donald W. Ball and Nicholas A. Slatten. The Justice Department had earlier said it intended to drop manslaughter and weapons charges against Mr. Slatten.
Another Blackwater employee involved in the case, Jeremy P. Ridgeway, previously pleaded guilty to charges stemming from the shootings and was cooperating with prosecutors.
A Justice Department spokesman, Dean Boyd, said no decision had been made about whether to appeal the judge’s ruling.
“We’re still in the process of reviewing the opinion and considering our options,” Mr. Boyd said.
But Judge Urbina’s scathing and detailed review of the ways that crucial evidence and witnesses had been tainted by exposure to the defendants’ early statements — or to news media accounts based on them — appears likely to complicate any effort to ask an appeals court to overturn his opinion or to bring a new prosecution by a different legal team using any untainted evidence.
Daniel C. Richman, a former federal prosecutor who teaches criminal law at Columbia University, said that it was rare to have a judge issue a lengthy opinion at a pretrial stage. While cautioning that he had not read the opinion, he said that rulings like this one, consisting heavily of factual findings rather than merely legal interpretation, were “hard to challenge on appeal.”
The guards could not be prosecuted under Iraqi law because of an immunity agreement that had been signed by the Coalition Provisional Authority, the governing authority installed by the United States after the invasion of Iraq. But American prosecutors knew from the beginning that they were facing a difficult task in bringing the case. Complications included the applicability of federal statutes to the guards because they were working overseas at the time for the State Department, and the significant problem stemming from statements the guards gave shortly after the shootings.
The guards had been told by State Department investigators that they could be fired if they did not talk about the case, but that whatever they said would not be used against them in any criminal proceeding.
Nevertheless, Judge Urbina found that “in their zeal to bring charges,” investigators and prosecutors had extensively used those statements, disregarding “the warning of experienced, senior prosecutors” that “the course of action threatened the viability of prosecution.”
“The explanations offered by the prosecutors and investigators in an attempt to justify their actions and persuade the court that they did not use the defendants’ compelled testimony were all too often contradictory, unbelievable and lacking in credibility,” Judge Urbina wrote.
The judge also criticized prosecutors for withholding “substantial exculpatory evidence” from the grand jury that indicted the defendants, as well as for presenting “distorted versions” of witnesses’ testimony and improperly telling the grand jury that some incriminating statements had been made by the defendants but were being withheld.
The prosecutorial team was led by Kenneth C. Kohl, an assistant United States attorney. The Justice Department declined to make him available for comment.
The judge’s allegations of prosecutorial misconduct were the latest in several blows to federal prosecutors in 2009 in which judges dismissed high-profile cases.
<for the rest of this article>
http://www.nytimes.com/2010/01/01/us/01blackwater.html?th&emc=th

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Ok, that just SUCKS...WTH...toss out a case against those criminals because the prosecution went above and beyond what was allowed for discovery...GRRRRRR
 
Werbung:
Almost as bad as letting OJ walk because LAPD was incompetent !

Yes, another sad but too true case of 'HOLLYWOOD HYPE/BIG MONEY' and the local DA not having the same MEGA BUCKS resources to close the deal...kinda like the Micheal Jackson bally-who where the jurors couldn't keep their eyes off of 'POOR PATHETIC MISUNDERSTOOD' Michael and ignored the testimony from the victims involved! {{heavy sigh}}
 
Yes, another sad but too true case of 'HOLLYWOOD HYPE/BIG MONEY' and the local DA not having the same MEGA BUCKS resources to close the deal...kinda like the Micheal Jackson bally-who where the jurors couldn't keep their eyes off of 'POOR PATHETIC MISUNDERSTOOD' Michael and ignored the testimony from the victims involved! {{heavy sigh}}


DA had his case disintegrate under him with LAPD incompetence.
Johnny Chchrain was good but when you screw up everything form evidence screwups to illegal search even my cousin Vinny could have won taht case.

But since the boys working the Blackwater case were not merely incompetent but chose to violate basic evidence gathering protocols, they badly deserved to have this handed back to them. True vindication.
 
Clipped from the article:
But in a 90-page opinion, Judge Ricardo M. Urbina of Federal District Court in Washington wrote that the government’s mishandling of the case “requires dismissal of the indictment against all the defendants.”
In a “reckless violation of the defendants’ constitutional rights,” the judge wrote, investigators, prosecutors and government witnesses had inappropriately relied on statements that the guards had been compelled to make in debriefings by the State Department shortly after the shootings.

Did the/our government mishandle the investigation on purpose so that this case would be thrown out...seems such an easy answer for such a complex international screw up by contract employees:mad: {that left 17 Iraqis dead and about 20 wounded} I guess those unfortunate Iraqs just fall under 'collateral damage' catagory and this is as far as it will go:(
 


Did the/our government mishandle the investigation on purpose so that this case would be thrown out...seems such an easy answer for such a complex international screw up by contract employees:mad: {that left 17 Iraqis dead and about 20 wounded} I guess those unfortunate Iraqs just fall under 'collateral damage' catagory and this is as far as it will go:(


Its the nature of guerrilla/insurgency tactics. They rely on the other side having a conscience where they do not. Most of the time the white hats are able to separate the wheat from the chaff other tinmes, sadly not.
 
Iraqis Angered as Blackwater Charges Are Dropped
By TIMOTHY WILLIAMS
Published: January 1, 2010
BAGHDAD — Iraqis on Friday reacted with disbelief, anger and bitter resignation to news that criminal charges in the United States had been dismissed against Blackwater Worldwide security guards who opened fire on unarmed Iraqi civilians in 2007.
Though the shooting, which took place on Sept. 16, 2007, in a crowded central Baghdad traffic circle at Nisour Square, is regarded here as a signal event of the war, many victims had not been aware of the decision of a Federal District Court judge in Washington because the ruling was made public in Baghdad a few hours after the start of the new year.
The attack left 17 Iraqis dead and 27 wounded. Many of the victims were riding inside cars or buses at a busy traffic circle when a Blackwater convoy escorting American diplomats rolled through and began firing machine guns, grenade launchers and a sniper rifle.
The Blackwater guards said they believed they had come under small-arms fire from insurgents. But investigators concluded that the guards had indiscriminately fired on unarmed civilians in an unprovoked and unjustified assault.
The incident calcified anti-American sentiment in Iraq and elsewhere, raised Iraqi concerns about the extent of its sovereignty because Blackwater guards had immunity from local prosecutors and reopened a debate about American dependence on private security contractors in the Iraq war.
Many Iraqis also viewed the prosecution of the guards as a test case of American democratic principles, which have not been wholeheartedly embraced, and in particular of the fairness of the American judicial system.
On Thursday, Judge Ricardo M. Urbina threw out manslaughter and weapons charges against five Blackwater guards because he said prosecutors had violated the men’s rights by building the case based on sworn statements that had been given by the guards under the promise of immunity.
Prosecutors have not said whether they will appeal the decision.
In Baghdad on Friday, some victims and their families expressed grave disappointment at the ruling and said they did not understand how charges could have been dropped despite what they regarded as overwhelming evidence. Some said they were shot as they tried to flee.
“What are we — not human?” asked Abdul Wahab Adul Khader, 34, a bank employee who was shot in the hand while driving his car through the traffic circle. “Why do they have the right to kill people? Is our blood so cheap? For America, the land of justice and law, what does it mean to let criminals go? They were chasing me and shooting at me. They were determined to kill me.”
Sami Hawas, 45, a taxi driver, was shot in the back during the episode and is paralyzed.
“I can’t even think of words to say,” Mr. Hawas said after being told about the court ruling. “We have been waiting for so long. I still have bullets in my back. I cannot even sit like an ordinary human being.”
Ali Khalaf, a traffic police officer who was on duty in Nisour Square at the time and aided some of the victims, was furious.
“There has been a cover-up since the very start,” he said. “What can we say? They killed people. They probably gave a bribe to get released. This is their own American court system.”
Some of the victims had been burned so badly, he said, that he and others had to use shovels to scoop their remains out of their vehicles.
“I ask you, if this had happened to Americans, what would be the result? But these were Iraqis,” he said.
Sahib Nassir’s 26-year-old son, Mehdi, a taxi driver, was shot in the back and killed. He said he was stunned to hear that the charges had been dismissed because he had been preparing to testify at a trial that was scheduled to start in February.
“How could they release them?” he asked. “There is evidence. There are witnesses.”
Ali al-Dabbagh, a spokesman for Prime Minister Nuri Kamal al-Maliki, said in a statement that the government “regrets” the federal court decision.
“Investigations conducted by specialized Iraqi officials confirmed without a doubt that Blackwater guards committed murder and violated laws by using weapons without the presence of any threat,” Mr. Dabbagh said.
In a second statement, Mr. Dabbagh said Iraq was considering suing Blackwater for damages related to the shooting, but did not provide further details.
At a news conference Friday, Gen. Ray Odierno, the American commander in Iraq, called the ruling “a lesson in the rule of law.”
“Of course people are not going to like it because they believe these individuals conducted some violence and should be punished for it,” he said. “But the bottom line is, using the rule of law, the evidence obviously was not there, or was collected illegally or whatever the reason is, and so it can’t be used. That’s always a problem. But it’s a lesson in the rule of law. We’re a country of the rule of law — Iraq’s a country that’s abiding by the rule of law.”
He added: “I worry about it because clearly there were innocent people killed during this attack. And that’s concerning everyone that innocent people were killed. And so it’s heart-wrenching when these people are killed.”
Blackwater, now called Xe Services, has not faced criminal charges related to the shootings, but victims and their families have filed a civil lawsuit against the company and Erik Prince, its founder.
In addition to the five Blackwater employees who had faced trial, a sixth, Jeremy P. Ridgeway, pleaded guilty to killing one Iraqi and wounding another.
The company continued to provide security for the United States Embassy in Baghdad until last spring. But in March, the Iraqi government said it would not grant Blackwater an operating license. Afterward, the embassy contract was awarded to a rival security firm.
Also Friday, the United States military in Iraq said the month of December had been the first month since the United States-led invasion in which an American service member had not been killed in combat. Three United States troops died during the month in noncombat-related incidents, the military said.
Reporting was contributed by Duraid Adnan, Sa’ad al-Izzi, Mohammed al-Obaidi, John Leland and Riyadh Mohammed.
< source for this article>
http://www.nytimes.com/2010/01/02/us/02blackwater.html?8au&emc=au

**********************************
And then there is the other side of this issue/story...the appearance and impact that this case getting tossed out has created in the community that all of those people were murdered and maimed/wounded/critically injured :mad: Demorcracy gets a BLACK EYE in IRAQ!
 
Iraqis Angered as Blackwater Charges Are Dropped
By TIMOTHY WILLIAMS
Published: January 1, 2010
BAGHDAD — Iraqis on Friday reacted with disbelief, anger and bitter resignation to news that criminal charges in the United States had been dismissed against Blackwater Worldwide security guards who opened fire on unarmed Iraqi civilians in 2007.
Though the shooting, which took place on Sept. 16, 2007, in a crowded central Baghdad traffic circle at Nisour Square, is regarded here as a signal event of the war, many victims had not been aware of the decision of a Federal District Court judge in Washington because the ruling was made public in Baghdad a few hours after the start of the new year.
The attack left 17 Iraqis dead and 27 wounded. Many of the victims were riding inside cars or buses at a busy traffic circle when a Blackwater convoy escorting American diplomats rolled through and began firing machine guns, grenade launchers and a sniper rifle.
The Blackwater guards said they believed they had come under small-arms fire from insurgents. But investigators concluded that the guards had indiscriminately fired on unarmed civilians in an unprovoked and unjustified assault.
The incident calcified anti-American sentiment in Iraq and elsewhere, raised Iraqi concerns about the extent of its sovereignty because Blackwater guards had immunity from local prosecutors and reopened a debate about American dependence on private security contractors in the Iraq war.
Many Iraqis also viewed the prosecution of the guards as a test case of American democratic principles, which have not been wholeheartedly embraced, and in particular of the fairness of the American judicial system.
On Thursday, Judge Ricardo M. Urbina threw out manslaughter and weapons charges against five Blackwater guards because he said prosecutors had violated the men’s rights by building the case based on sworn statements that had been given by the guards under the promise of immunity.
Prosecutors have not said whether they will appeal the decision.
In Baghdad on Friday, some victims and their families expressed grave disappointment at the ruling and said they did not understand how charges could have been dropped despite what they regarded as overwhelming evidence. Some said they were shot as they tried to flee.
“What are we — not human?” asked Abdul Wahab Adul Khader, 34, a bank employee who was shot in the hand while driving his car through the traffic circle. “Why do they have the right to kill people? Is our blood so cheap? For America, the land of justice and law, what does it mean to let criminals go? They were chasing me and shooting at me. They were determined to kill me.”
Sami Hawas, 45, a taxi driver, was shot in the back during the episode and is paralyzed.
“I can’t even think of words to say,” Mr. Hawas said after being told about the court ruling. “We have been waiting for so long. I still have bullets in my back. I cannot even sit like an ordinary human being.”
Ali Khalaf, a traffic police officer who was on duty in Nisour Square at the time and aided some of the victims, was furious.
“There has been a cover-up since the very start,” he said. “What can we say? They killed people. They probably gave a bribe to get released. This is their own American court system.”
Some of the victims had been burned so badly, he said, that he and others had to use shovels to scoop their remains out of their vehicles.
“I ask you, if this had happened to Americans, what would be the result? But these were Iraqis,” he said.
Sahib Nassir’s 26-year-old son, Mehdi, a taxi driver, was shot in the back and killed. He said he was stunned to hear that the charges had been dismissed because he had been preparing to testify at a trial that was scheduled to start in February.
“How could they release them?” he asked. “There is evidence. There are witnesses.”
Ali al-Dabbagh, a spokesman for Prime Minister Nuri Kamal al-Maliki, said in a statement that the government “regrets” the federal court decision.
“Investigations conducted by specialized Iraqi officials confirmed without a doubt that Blackwater guards committed murder and violated laws by using weapons without the presence of any threat,” Mr. Dabbagh said.
In a second statement, Mr. Dabbagh said Iraq was considering suing Blackwater for damages related to the shooting, but did not provide further details.
At a news conference Friday, Gen. Ray Odierno, the American commander in Iraq, called the ruling “a lesson in the rule of law.”
“Of course people are not going to like it because they believe these individuals conducted some violence and should be punished for it,” he said. “But the bottom line is, using the rule of law, the evidence obviously was not there, or was collected illegally or whatever the reason is, and so it can’t be used. That’s always a problem. But it’s a lesson in the rule of law. We’re a country of the rule of law — Iraq’s a country that’s abiding by the rule of law.”
He added: “I worry about it because clearly there were innocent people killed during this attack. And that’s concerning everyone that innocent people were killed. And so it’s heart-wrenching when these people are killed.”
Blackwater, now called Xe Services, has not faced criminal charges related to the shootings, but victims and their families have filed a civil lawsuit against the company and Erik Prince, its founder.
In addition to the five Blackwater employees who had faced trial, a sixth, Jeremy P. Ridgeway, pleaded guilty to killing one Iraqi and wounding another.
The company continued to provide security for the United States Embassy in Baghdad until last spring. But in March, the Iraqi government said it would not grant Blackwater an operating license. Afterward, the embassy contract was awarded to a rival security firm.
Also Friday, the United States military in Iraq said the month of December had been the first month since the United States-led invasion in which an American service member had not been killed in combat. Three United States troops died during the month in noncombat-related incidents, the military said.
Reporting was contributed by Duraid Adnan, Sa’ad al-Izzi, Mohammed al-Obaidi, John Leland and Riyadh Mohammed.
< source for this article>
http://www.nytimes.com/2010/01/02/us/02blackwater.html?8au&emc=au

**********************************
And then there is the other side of this issue/story...the appearance and impact that this case getting tossed out has created in the community that all of those people were murdered and maimed/wounded/critically injured :mad: Demorcracy gets a BLACK EYE in IRAQ!



Never gong to make everyone happy. But the people KNOW how the insurgents operate. You cant throw innocent people under the bus for show.
 
Never gong to make everyone happy. But the people KNOW how the insurgents operate. You cant throw innocent people under the bus for show.

And for all of their testomony/pain/heartache...personal loss this is going to be status quo for the IRAQ's :rolleyes:

HOLY BAT CRAP...I'm thinking that; no this isn't going to go down really well with the powers that be over there!
 
And for all of their testomony/pain/heartache...personal loss this is going to be status quo for the IRAQ's :rolleyes:

HOLY BAT CRAP...I'm thinking that; no this isn't going to go down really well with the powers that be over there!


the leadership knows the deal. they will bluster and maon for the benefit of the citrizens who will be unhappy.

WHo is truely unhhapy are all the people Blackwater used to protect. When Blackwater got shown trhe door, the ones they protected got that much less at ease in their travel.
 
Werbung:
the leadership knows the deal. they will bluster and maon for the benefit of the citrizens who will be unhappy.

WHo is truely unhhapy are all the people Blackwater used to protect. When Blackwater got shown trhe door, the ones they protected got that much less at ease in their travel.

What/WHO was shown the door...the only 'DOOR' was when the changing of the 'GUARD' took place and the new/old Blackwater employees departed {took stage left} and then the new/Xe employees entered {state right} and resumed their security jobs...contractors mean business of rebuilding that highly over paid infrastructure {where Billions have just magically disappeared} and the contractors won't stay if they don't have protection.

A hell of a lot of people getting their pockets lined off of the dead Iraq locals and everyone seems to be: BLIND / DEAF / DUMB about the lack of paper trail and accountability but that an entire other 'SOAP BOX RANT' for another day!
 
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