RICHMOND (AP) -- Two Navy SEALs accused in the mistreatment of an Iraqi suspect in the 2004 slayings of four U.S. contractors were arraigned in military court Monday, and one SEAL said he was gratified by support from the public and some members of Congress.
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.
Reps. Rob Wittman, Glenn Nye, Randy Forbes and Wolf were among the Virginia lawmakers signing a letter today by Rep. Duncan Hunter (R-CA, 52nd District). Rep. Walter Jones of North Carolina also signed it.
About three dozen protesters, including the mother of one of the slain contractors, stood outside the Norfolk Naval Station gate Monday morning 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' civilian attorney, Monica Lombardi, told reporters after the arraignment.
Military attorneys were not available for comment.
McCabe and Huertas both deferred a decision on whether to be tried by a military judge or jury. Lombardi said they couldn't choose because they still have not received the prosecution's evidence.
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.
McCabe declined to talk to reporters about specifics of the case. His father, Marty McCabe of Las Vegas, said all his son did was his job.
"It just turns my stomach to have these people send him over there and put him in harm's way, and then they don't have his back when he gets home," Marty McCabe said.
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, R-Calif., 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 killings 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.
The SEALs, based at Joint Expeditionary Base Little Creek in Norfolk, are not in custody.
LETTER FROM U.S. REPRESENTATIVES:
Honorable Robert Gates
Secretary of Defense
The Pentagon
Washington, D.C.
Dear Mr. Secretary:
We are writing to express our grave concerns over reports that three Navy SEALs will face court martial proceedings over their handling of one of the most wanted terrorists in Iraq. Based on the information we have, we believe that prosecution of these men is not warranted.
As you are aware, in September, the three SEALs in question captured Ahmed Hashim Abed, the alleged planner of the March 2004 ambush in Fallujah that resulted in the killing of four Blackwater contractors. We all remember the horrifying pictures showing two of these individuals whose bodies, after being burned and mutilated, were hung on a bridge over the Euphrates River.
Since 2004, Abed evaded capture. However, in September, Special Warfare Operators 2nd Class Matthew McCabe and Jonathan Keefe, and Special Warfare Operator 1st Class Julio Huertas undertook a mission that resulted in Abed’s capture. Soon after his capture, an investigation was conducted based on reports that Abed had been struck in the stomach by one of the SEALs. As we understand it, there was no allegation of torture or sustained abuse. There was simply just this one alleged act. Prosecuting individuals for such a limited act seems to us to be an overreaction by the command. As a result of the investigation, the three SEALs refused to accept non-judicial punishment believing, according to one of the defense attorney’s that they are innocent of the charges. If convicted they could face significant punishment of up to one year confinement, a bad conduct discharge, forfeiture of a portion of their pay each month for up to a year and a reduction in their rank.
It appears from all accounts that these SEALs are exceptional sailors, demonstrated by the fact that each had recently been advanced in rank. They captured a terrorist who had planned an attack that not only killed Americans but also maimed and mutilated their bodies. We believe that prosecution of these sailors for such an apparently limited action will have a negative impact on others in the military who risk their lives in dangerous, often ambiguous situation. Again, we strongly believe that these court martial proceedings are not warranted and would urge that you review this matter.
Sincerely,
