Conway: Army apology in MarSOC case out of line

[Vulture6]

Conway: Army apology in MarSOC case out of line

By Trista Talton and Kimberly Johnson
Posted : May 28, 2007

Army officers have gone too far by apologizing for the actions of special operations Marines after they were struck by a car bomb in Afghanistan, the Marine Corps’ top officer said May 17.

“As has historically been the case, a service member under investigation or undergoing trial is innocent until proven guilty. And too much in terms of declaration of guilt and apologies has already been said,” Commandant Gen. James Conway told reporters at a Pentagon press briefing.

Army senior leaders say 19 civilians were killed following the March 4 ambush of a Marine convoy in Afghanistan’s Nangarhar province.

The attack, under investigation by the Naval Criminal Investigative Service, involved 30 Marines in six vehicles. Lawyers for the leathernecks maintain that they responded to fire after the ambush.

Following the incident, however, all 120 Marines in the special operations company were pulled out of Afghanistan, and the company commander and senior enlisted adviser were relieved and sent home, along with six other Marines from the company.

Last week, Army Col. John Nicholson, commander of the 10th Mountain Division’s 3rd Brigade Combat Team, apologized for the incident, calling it a “terrible, terrible mistake,” and made condolence payments to Afghan families.

“We came here to help the Afghan people and the Afghan government, not to hurt you,” he told the families. “So I stand before you today deeply, deeply ashamed, and terribly sorry, that Americans have killed and wounded innocent Afghan people.”

As a senior military official, Nicholson’s comments were out of line, Conway said.

“We have all made solatia payments,” he said, referring to the compensation payments made by commanders when U.S. troops are involved in the accidental death of a citizen. “But that solatia payment in no way prejudges guilt or innocence. It simply says, ‘We regret what happened, and we would like to compensate you for some of the expense you’ve probably already encountered.’

“Senior military officials don’t talk about those things while they’re under investigation or undergoing trial,” he added.

However, Conway said Nicholson was right to make the condolence payments.

“I think he was premature to apologize in that there is an investigation going on to determine what happened. If the investigation should determine that there are charges that should be levied, then there will be a hearing, perhaps a court-martial,” Conway said.

Conway was the latest to cry foul over the comments. An attorney for one of the Marines under investigation sent a letter May 10 to Army Maj. Gen. Scott Black, the judge advocate general of the Army, asking him to prevent further public comments by Army officials.

Then on May 14, Rep. Walter B. Jones, R-N.C., sent a letter to Acting Army Secretary Pete Geren asking for an apology for what Nicholson said.

“This statement, among others, is contemptuous,” Jones wrote. “To convict these Marines in the press before the investigation has even been completed is irresponsible. Our military service members, and certainly these Marines, deserve far better.

“I strongly urge you to give a written explanation of these statements characterizing these Marines as indiscriminate killers,” Jones wrote in the May 14 letter. “In addition, please explain why the presumption of innocence does not apply to these Marines. Sir, I hope you agree that a public apology is in order.”

Army officials did not respond to requests for comment.