Not guilty verdict in Navy SEAL caseSO2 Matthew McCabe cleared of all charges
Updated: Friday, 07 May 2010, 8:24 AM EDT
Published : Thursday, 06 May 2010, 8:01 AM EDT
By LARRY O'DELL Associated Press Writer
NORFOLK, Va. (AP) - The last of three Navy SEALs accused of abusing a suspected Iraqi terrorist was found not guilty Thursday by a military jury.
Jurors deliberated about an hour and 40 minutes before returning their verdict in the court-martial of Petty Officer 2nd Class Matthew McCabe.
"This feels amazing and great," McCabe told reporters after the verdict. "I'm just grateful all of us came out not guilty and justice was served."
McCabe was accused of punching Ahmed Hashim Abed in the stomach shortly after his capture last September in Iraq. The other two SEALs, who were accused of failing to protect Abed, were acquitted in trials last month in Baghdad.
Abed is suspected of plotting the 2004 slayings of four U.S. contractors in Fallujah. The bodies were dragged through the streets, burned and strung up from a bridge. He also is accused of crimes agagainst Iraqis.
The three SEALs received an outpouring of support from the public on the Internet, and at least 20 members of Congress urged Secretary of Defense Robert Gates to put a stop to the prosecution. Some critics said the prosecution was an overreaction to the Abu Ghraib prisoner abuse scandal.
But one of McCabe's lawyers, Haytham Faraj, said that "going ahead with all three courts-martial was really a good idea."
"No terrorist organization can claim that the American military didn't press forward and really investigate," Faraj said.
The military officer who ordered the court martial defended his decision.
"I allowed these charges to go forward because I truly believed that the best process known for uncovering the truth, when the facts are contested, is that process which is found in our adversarial justice sytem," said Army Maj. Gen. Charles Cleveland, the military's special operations commander.
Military prosecutors were not available for comment after the verdict, which came at the end of a four-day trial. Jurors heard audio taped testimony from Abed, who claimed he was blindfolded, handcuffed, beaten and kicked.
McCabe, 24, of Perrysburg, Ohio, showed little emotion when the verdict was read by the leader of the seven-member jury at Norfolk Naval Station, but he smiled broadly and embraced his four defense attorneys one by one after court was adjourned.
McCabe's father said he did not believe the case should have been prosecuted.
"These are the guys that preserve the American dream," said Martin McCabe of Las Vegas.
The sailor who was responsible for guarding Abed, Petty Officer 3rd Class Kevin DeMartino, testified that he saw McCabe deliver a right cross to Abed's midsection while two other SEALs stood by and did nothing.
However, several witnesses -- including SEALs and intelligence officers who cannot be publicly identified -- contradicted portions of DeMartino's testimony as the defense tried to discredit him. They also depicted DeMartino as emotionally unstable and unhappy with his deployment.
A Navy prosecutor said in closing arguments that SEALs were trying to protect one of their own.
"They circled the wagons," said Lt. Cmdr. Jason Grover. "They don't want Petty Officer McCabe to be held responsible for this."
Faraj said that was untrue.
"Everybody has to be lying for the government's case to be believed," he told the jury.
McCabe's trial was held in Virginia, where his SEAL team is based, because unlike the other two SEALS he did not insist on confronting his accuser in court. He could have received up to a year in jail if convicted.
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The complete statement from Maj. Gen. Charles Cleveland, the Special court-martial convening authority, issued after the verdict Thursday::
"I take my responsibility as a commander and convening authority very seriously and did not make the decision to refer these charges to courts-martial lightly. While I had preferred to handle the incident administratively, Petty Officers Huertas, McCabe and Keefe exercised their right to have this matter handled by a court-martial. The evidence presented reasonable grounds to believe that offenses had been committed and that Petty Officers Huertas, McCabe, and Keefe had committed those offenses. In the interests of justice and to maintain good order and discipline, I chose to proceed with the courts-martial.
"I would like to extend my thanks and appreciation to the Naval Officers and Sailors who served as members in these cases. They were given a difficult duty and accomplished it in a very professional manner. I would also like to extend my sincere appreciation to the military trial and defense counsel, as well as to the civilian defense counsel, who handled this case. Their efforts in pursuing the interests of justice and protecting the rights of the Sailors accused in these cases are outstanding examples of their dedication to protecting and defending our Constitution.
"Despite the opinion of some of those who preferred that these charges not proceed, I allowed these charges to go forward because I truly believe that the best process known for uncovering the truth, when the facts are contested, is that process which is found in our adversarial justice system. There is no better way to discover the truth than by presenting evidence to an unbiased panel of members, having witnesses testify under oath, and having that testimony subject to vigorous cross-examination.
"Incidents such as the ones alleged in this case carry strategic implications for U.S. forces and U.S. National Security and ultimately cost the lives of Americans. I will continue to take allegations such as this seriously, investigating them whenever they are brought to my attention, and acting on them when the evidence so dictates. I look forward to SO1 (SEAL) Huertas, SO2(SEAL) McCabe, and SO2(SEAL) Keefe returning to their Team and continuing their duties in defending our great Nation."
Lt. Col. Holly Silkman, spokesman for Special Operations Command Central, added, "General Cleveland is satisfied that the military justice process has been executed fairly and that thorough due process was carried out during the course of these three trial proceedings, consistent with the rule of law and the values of U.S. military justice that we fight to preserve as members of the U.S. military and as American citizens."
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