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Seraphim
05-01-2003, 01:33 AM
http://story.news.yahoo.com/news?tmpl=story&cid=1514&e=7&u=/afp/20030430/wl_mideast_afp/iraq_war_us_warcrimes_030430201641
FallenAngel
05-01-2003, 01:46 AM
just read that...

...seems like the Gunny might be exaggerating a bit, and I hope he is for his sake. Although the military would be hard pressed to make a solid case without any witnesses or bodies.
yellowking
05-01-2003, 09:54 AM
Although the military would be hard pressed to make a solid case without any witnesses or bodies.
They ought to court martial him for stupidity, then. Even if he didn't do it and is just bragging, this is more damaging to our country than anything any ultra-leftie anti-war protestor has done.
papabear
05-01-2003, 01:42 PM
Although the military would be hard pressed to make a solid case without any witnesses or bodies.
They ought to court martial him for stupidity, then. Even if he didn't do it and is just bragging, this is more damaging to our country than anything any ultra-leftie anti-war protestor has done.

2 questions for any lawyers out there:
(1) Does his interview and the notes of the interviewer count as a public admission of guilt/confession which can be used against him in his trial?

(2) Is the quotation in itself sufficient to show that a crime was intentionally committed? Or does it need supporting evidence (the rest of the interview--the notes of the interviewer, and the interviewer himself) in order for the quotation to be properly interpreted and understood?
Duke
05-01-2003, 03:39 PM
Under an Article 32 the investigators will review the Sgt's statements. Legally, those statements represent an admission. By definition an admission is statement freely given out of court, admissible in court and exempt from the hearsay rule. So the answer to question 1 is yes its an admission, but not a confession since he is not on trial. Question 2a's answer is that's up to a jury and 2b's answer: the case needs more evidence such as the bodies (autopsy) to determine the death, the ballistics to match the Marines firearm, the war booty he took to confirm he was there, etc.