Judge Sets Court Martial Date

December 16, 2009
By Larry O'dell
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Associated Press Writer

NAVAL STATION NORFOLK, Va. - Two Navy SEALs accused in the mis-treatment of an Iraqi suspect in the 2004 slayings of four U.S. contractors were arraigned Dec. 7 in military court, and an attorney said they hoped to clear their names.

The judge scheduled courts-martial next month for Petty Officer 2nd Class Matthew McCabe of Perrysburg, Ohio, and Petty Officer 1st Class Julio Huertas of Blue Island, Ill. A third SEAL will be arraigned later.

The SEALs have received an outpouring of public support on the Internet, and a California congressman has led a campaign urging Defense Secretary Robert Gates to intervene. About three dozen protesters, including the mother of one of the slain contractors, stood outside the Norfolk Naval Station gate on the morning of Dec. 7 holding signs of support.

McCabe is accused of striking the detainee in the midsection, dereliction of duty for failing to safeguard the detainee, and lying to investigators. He deferred entering a plea until his Jan. 19 trial.

McCabe told reporters he was confident he would be exonerated.

“I feel very good about it,” he said as he made his way through the crowd of supporters, shaking hands and thanking them. “The support is phenomenal. It makes us feel better, all these people being behind us.”

Huertas pleaded not guilty to charges of dereliction of duty, lying to investigators and impeding an investigation. His trial was set for Jan. 11.

“He’s been a hero - two tours of Iraq and one tour of Afghanistan - and now this is the thanks he gets,” Huertas’ attorney, Monica Lombardi, told reporters after the arraignment.

Military attorneys were not available for comment.

The men could have accepted a nonjudicial reprimand but wanted to go to trial to clear their names, Lombardi said. A reprimand could have resulted in a loss of rank; if they are convicted at trial, they could get up to a year in jail, a bad conduct discharge, or a loss of rank or pay.

Military officials have cautioned against a public rush to judgment, saying a true picture will emerge when all the evidence is heard. However, more than 45,000 people have signed onto a Facebook page supporting the SEALs, and U.S. Rep. Duncan Hunter, a Republican from California, said in a letter to Gates last week that the prosecution was an overreaction by the military.

The charges stem from an alleged assault after the SEALs captured Ahmed Hashim Abed in early September. Abed is believed to be connected to the killing of four Blackwater security guards who were protecting a convoy when they were attacked by Iraqi insurgents. Their burned corpses were dragged through the city, and two of them were hung from a bridge over the Euphrates River.

Donna Zovko of Cleveland, whose son Jerry Zovko was among the slain contractors, said the prosecution of the SEALs who captured Abed was “very heartbreaking.”

“For these young Navy SEALs, I am very thankful and hopeful that they will be OK,” Zovko said.

Along with McCabe and Huertas, Petty Officer Jonathan Keefe of Yorktown, Va., is charged with dereliction of duty and making a false official statement. His arraignment has not been scheduled.