Update as of December 3, 2009
SEALs Accused of Dereliction of Duty and Making False Official Statements
In September 2009, a SEAL was accused of assaulting a suspected terrorist in
Iraq after the prisoner was detained. US Special Operations Command Central
(SOCCENT) investigated the accusation. The evidence in the investigation
led SOCCENT to charge three Sailors with violations under the Uniformed Code
of Military Justice, specifically, making false official statements and
dereliction of duty. One of the three SEALs has also been charged with
impeding an official investigation and another one of the three SEALs has
also been charged with assault against a prisoner in his custody.
We are committed to following the legal and fair process for the three U.S.
Navy Sailors charged in the case. The evidence presented in the
investigation made it imperative that we follow this process. The SOCCENT
Commanding General did not make this decision lightly; the rights of the
Sailors and their specific actions were all taken into account during every
step of the thorough investigative process.
The referral of charges is merely an accusation against the accused. The
accused are presumed innocent unless proven guilty. SOCCENT's interest then
and now is to ensure that the rule of law is followed and that justice will
prevail.
Two of the Sailors are scheduled to be arraigned on December 7th beginning
at 9 a.m. at the Regional Legal Service Office at Naval Station, Norfolk.
The administrative proceeding is scheduled to last one hour. The third
Sailor's arraignment has been continued. No date has been scheduled at this
time. The details of any resulting Special Courts Martials will not be
determined until after the arraignment. SOCCENT is the Convening Authority.
FREQUENTLY ASKED QUESTIONS
Q1. Who are the three Sailors charged in this case?
A1. The following three individuals have been charged in this case:
SO1 (SEAL) Julio Antonio Huertas Jr.
Age: 28
Date Enlisted: June 10, 1999
Date of Rank: June 16, 2006
Rank/Rating: Special Warfare Operator First Class (SEAL)
SO2 (SEAL) Matthew Vernon Mccabe
Age: 24
Date Enlisted: 02 December 2003
Date of Rank: 16 September 2007
Rank/Rating: Special Warfare Operator Petty Officer Second Class (SEAL)
SO2 (SEAL) Jonathan Elliott Keefe
Age: 25
Date Enlisted: August 17, 2006
Date of Rank: June 16, 2008
Rank/Rating: Special Warfare Operator Second Class (SEAL)
Q2. What are the charges against the three Sailors?
A2. The charges currently written are:
SO1 (SEAL) Julio Antonio Huertas Jr.:
Violation of Article 92: Dereliction of Duty
Violation of Article 107: Making a false official statement.
Violation of Article 134: Impeding an official investigation.
SO2 (SEAL) Matthew Vernon Mccabe:
Violation of Article 92: Dereliction of Duty.
Violation of Article 107: Making a false official statement.
Violation of Article 128: Assault
SO2 (SEAL) Jonathan Elliott Keefe:
Violation of Article 92: Dereliction of Duty.
Violation of Article 107: Making a false official statement.
Q3. Can you expand on what happened that resulted in these charges or
explain more details on why these service members are being charged?
A3. Special Operations Command, Central Command (SOCCENT) investigated an
accusation that a SEAL allegedly assaulted a suspected Iraqi terrorist in
September 2009 after the detainee was returned to a forward operating base
in Iraq.
The evidence in the investigation led SOCCENT to charge three Sailors with
violations under the Uniformed Code of Military Justice, specifically,
making false official statements and dereliction of duty. One of the SEALs
has also been charged with impeding an official investigation and another
one has also been charged with assault against a prisoner in his custody.
The referral of charges to specification in courts marital is merely an
accusation against the accused. The accused are presumed innocent unless
proven guilty. SOCCENT's interest then and now is to ensure that the rule of
law is followed and that our judicial process follows its course. It would
be inappropriate to comment further on a case that remains under
investigation.
Q4. When is the arraignment?
A4. Huertas and McCabe are scheduled to be arraigned separately on December
7th beginning at 9 a.m. at the Regional Legal Service Office at Naval
Station, Norfolk. The administrative proceeding is scheduled to last one
hour. Keefe's arraignment has been continued. No date has been scheduled
at this time.
Q5. Are the Sailors under pre-trial confinement?
A5. No.
Q6. Will all three Sailors be taken to Special Court Martial together and
when will it occur?
A6. The details of Special Courts Martial will not be determined until after
the arraignment.
Q7. Could these accusations have been handled with non-judicial punishment
(i.e. Captains Mast, Admirals Mast)?
A7. Yes. The accused waived their rights under the Uniformed Code of
Military Justice (UCMJ), and declined non-judicial punishment.
Q8. Where were the Sailors serving at the time of the incident?
A8. The Sailors are part of an East Coast based SEAL team that was deployed
to the Iraq theater of operations on a routine deployment. As a matter of
policy, we don't discuss the specific locations where Naval Special Warfare
forces are deployed.
Q9. What is the name of the prisoner who accused the Sailor of assault?
A9. Due to the nature of the investigation, we are we are not going to
release that information at this time.
Q10. What is the prisoner accused of that required him to be picked up?
A10. Due to the nature of the investigation and the need to protect evidence
during the pre-trial period, we are not going to release that information at
this time.
Q11. We've seen similar incidents involving DOD personnel in the past. Does
this incident reflect a larger trend for U.S. Forces treatment to detainees?
A11. The United States does not tolerate the assault of detainees held in
custody by our forces. We take any such accusations very seriously and will
administer the proper due process so we can determine if there was any
wrongdoing by our service members. However, it's important to point out that
the accused are presumed innocent unless proven guilty.
Q12. Have the Sailors hired private attorneys in this case?
A12. Yes. All three Sailors have retained civilian attorneys. They are
also each provided a military attorney.
Q13. Does the Navy pay for civilian Counsel?
A13. No. The cost of civilian counsel is borne by the accused.
Q14. Who are the military and civilian defense attorneys for each service
member?
A14.
U.S. v. Huertas
LT Andrew Carmichael, JACG USN (military) LT Guy Reschenthaler , JACG USN
(military) Ms. Monica Lombardi, JACG USN (civilian)
Monica L. Lombardi, LLC.
www.militarytrial.com[email protected]757-309-4764 or 888-826-5529
U.S. v. Keefe
LT Paul Threatt , JACG USN (military)
LT Emily Gibbons, JACG USN (military).
Mr. Greg McCormack (civilian)
The Law Firm of Greg D. McCormack, PC.
www.militarylawyers.org[email protected]757-463-7224.
U.S. v. McCabe
LT Kevin Shea, JACG USN (military)
LT Kristen Anastos, JACG USN (military)
Mr. Neil Puckett (civilian)
Mr. Neil Puckett is from the Law Firm of Puckett & Faraj, PC.
www.puckettfaraj.com[email protected]888-970-0005.
Q15. Who are the military judges for each case?
A15.
CDR Tierney Carlos, JACG USN will be the military judge for Huertas and
Keefe.
CAPT Moira Modzelewski, JACG USN will be the military judge for McCabe.
CAPT Moira Modzelewski, JACG USN will preside over the arraignments on
Monday.
Q16. Who is the trial counsel for each case?
A16. LCDR Jason Grover, JACG USN and LTJG Nicholas Kadlec, JACG, USN will be
the trial counsels for all three cases.