Marine Adviser Recuses Himself From Haditha Case

CAMP PENDLETON, Calif. (AP) _ A top legal adviser at Camp Pendleton who was accused of making ``inappropriate and imprudent'' comments recused himself from the case against a Marine charged with

Tuesday, August 14th 2007, 9:38 pm

By: News On 6

CAMP PENDLETON, Calif. (AP) _ A top legal adviser at Camp Pendleton who was accused of making ``inappropriate and imprudent'' comments recused himself from the case against a Marine charged with murdering Iraqi civilians in Haditha.

Lt. Col. Bill Riggs is a senior legal adviser to the general overseeing the prosecution of five Marines charged in the slayings. Riggs recused himself from the case against Lance Cpl. Stephen Tatum, a military spokesman said Tuesday.

His action came after he contacted Lt. Col. Paul Ware, the investigating officer who had reviewed evidence against another Marine facing murder charges. Riggs allegedly criticized the officer for being too stringent in assessing the government's case against Lance Cpl. Justin Sharratt.

``He believed my report ... adjudicated facts like in a trial and was interpreted by some as a declaration that Lance Cpl. Sharratt is innocent,'' Ware wrote in an Aug. 1 e-mail to several attorneys. ``I viewed Lt. Col. Riggs' comments as inappropriate and imprudent. ... I was ... offended and surprised by this conversation.''

After Ware filed his report about Sharratt, Lt. Gen. James Mattis dismissed all charges against the Marine.

Ware is also assessing evidence against Tatum, and will be the investigating officer at the upcoming preliminary hearing for Staff Sgt. Frank Wuterich, who is accused of murdering 18 civilians on Nov. 19, 2005.

Riggs could not be reached for comment. He recused himself from the Tatum case ``to make sure there was no appearance of impropriety,'' Marine spokesman Lt. Col. Sean Gibson said.

Tatum's lawyer Jack Zimmerman declined to comment on Riggs' recusal.

A total of 24 civilians died when a Marine squad responded to a roadside bomb attack. Four enlisted Marines were originally charged with murder; prosecutors subsequently dropped charges against two of them.