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November 17, 2009
Killings at the Canal: Convicted of murder
Posted: 02:12 PM ET
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Former First Sgt. John Hatley.
Former First Sgt. John Hatley.

Scott Zamost
Senior Investigative Producer

For months, we wanted to hear from John Hatley.

He's the former first sergeant who had the idea to take four Iraqi detainees to a Baghdad canal and, along with two other sergeants, kill them.

Special Investigations Unit Correspondent Abbie Boudreau and I traveled to Germany over the summer where we interviewed Hatley's wife, Kim, and his attorney David Court. We told them it was important to hear from Hatley since he never testified during his court martial. Our only request: He should tell us what he wants the public to know.

Hatley is now serving a 40-year prison sentence at Fort Leavenworth after being convicted of premeditated murder and conspiracy to commit premeditated murder.

After numerous requests, one day in September, a two-page single-spaced typed letter arrived in the mail at CNN.

Hatley began, "I've been contacted numerous times through third party sources that you have requested a statement from me. Obviously, I'm sure you understand my apprehensiveness in making a statement to the media, but there are some issues I would like to take this opportunity to address."

He wrote of the "frustration" with the Army detainee policy that allowed the enemy to be released two or three days later because there was not enough evidence to hold them.

"An additional insult is that the units that capture these individuals are the same ones responsible to pick them up and release them. We've repeatedly found ourselves fighting the same enemy again and again."

He writes that the detainee rules have "extensive flaws" that the enemy "consistently exploits these to facilitate their release."

While he does not specifically address what happened, he does state: "I assure you the military spared no expense in the prosecution of my soldiers and me. If they would have spent half the time, effort and money in prosecuting the enemy as they had in prosecuting us, I assure you we would have never found ourselves in our current situation."

Finally, he says he love and prays for soldiers oversees and wishes them a safe return. He writes: "Also, don't worry about us, we'll be fine. As they'll understand, this is probably the safest place we've been in the last 10 years."

85 Comments
85 Comments
Leah   November 17th, 2009 10:14 am ET

How sad is that? I suppose there is truth to the saying that there is no reality, only perception.

Emanuelle Marie   November 17th, 2009 10:20 am ET

Disturbing letter – I can't even begin to understand the day to day pressure of being in a war zone. I can only presume that the constant danger begins to affect reasoning and reactions. I love and respect the military for all they've been doing for us (my father is a WW2 vet and I have several family members in this particular conflict) but even then, the rules still apply. Soldiers are taught to kill as part of the defense of the country, it is designed as part of a campaign, a strategy to weaken the enemy. This is why they're also taught to take orders or in defense of themselves and their colleagues when they perceive an immediate threat. Murdering a group of people who don't have any weapons, despite the perceived threat, is murder. I don't get to kill a rapist/child murderer in the street just because the system keeps failing to punish them. We watch them and try to get them with facts. We're Americans. We have these protections. And supposedly, that's what we take with us everywhere we go. Our soldiers are our ambassadors as well as our protection. That's why it's such a difficult and honored job. What he did is not only a breach of our trust as Americans, it's also a breach of trust of his fellow soldiers – those who fight the good fight and have to head into the fray daily, hoping that the people they encounter trust and believe in the honor of their uniforms. Their survivial often depends on that belief.

Claudia, Houston, Tx   November 17th, 2009 10:56 am ET

I'm sure if these men and women at war would never commit any crimes. They aren't born to kill, they are trained to kill. God Bless them.

dale fessler   November 17th, 2009 11:27 am ET

these men deserve medals not prison. shame on our govt. for sending these men to prison. these men had a thankless job and did their best after being shot at and attacked day after day.

Tim Gibson   November 17th, 2009 11:28 am ET

True, our military are trained to kill, yet there are rules of engagement that must be followed just as our civilian police must follow.

The mentality of a "rogue" police officer, or an "isolated group" in either our police or our armed services cannot be dismissed or accepted in any fashion that would label such behavior as that of a hero.

We either have excuses, or we have responsibility.

marc   November 17th, 2009 11:56 am ET

I can see the reason behind their actions. They found them with weapons. Then with the stress and pressure and the thought that they would be back on the streets killing Americans in a couple days. I think none of us can say we would do differently and can judge their actions unless we have been in that situation but i believe unless you have been in the military you can not judge them for what they did. As Hatley said himself, "We've repeatedly found ourselves fighting the same enemy again and again." Any soldier misses and wants to be with his family. They want this to end and when it doesn't I'm sure they will get frustrated and take matters into there own hands. I respect all of our military and hope the best for them.

Melinda   November 17th, 2009 2:34 pm ET

People are kidding themselves if they think this kind of thing didn't happen in our so-called "honorable" wars like WWII etc. No one ever speaks of this, but it happened.

I'm a liberal who's against the war, but even I can see where he has brought up irrefutable points. You don't start a war, and then drop the ball on your soldiers!! If they don't have the guts to arrest the enemy–then why the heck are we still there? What he did was pretty terrible, but I do feel the military brass is more to blame.

Damm shame, across the board. Waste of decent human life, on both sides.

Airborne   November 17th, 2009 2:58 pm ET

My heart goes out to these men. I served with SFC Mayo for about 3 years in the 82nd. It hurts to see a guy of his caliber make an unethical decision.

The Monday morning quarterbacks and some media will always have something to say about morality, ethics, laws, etc. But, in the end, you never know how you will react to a certain situation. The majority of people who'll post a comment here haven't lived in fear of their lives day in and day out like these men have. Trust me, it takes a toll on you leaving a FOB thinking this will be the day you'll die.

In no way am I saying what they did was acceptable. IT WAS WRONG. But, before we start to throw stones at these guys, take a hard look at yourself and the decisions you've made in life. I know none of us are perfect! I pray that Joe finds peace and forgiveness in jail. Trust me, he was a good friend, dad, and husband. I wish you hadn't done what you did, buddy.

Bruno N.   November 17th, 2009 4:13 pm ET

The great unknown is how many lives were saved or spared injury by eliminating these detainees who were found with weapons? This is war were the enemy hide amongst civilians and look to inflict as much damage as possible! What's CNN's motive, to seek an understanding of the stress of battle or inflame negativism towards our military. I feel sadness and empathy for these soldiers.......40 years?

Hiram   November 17th, 2009 4:22 pm ET

Unless you have served in combat and know the "enemy" you will never understand what we go through every day in Iraq and Afghanistan; and its those people "policy makers" that sit behind desks and think they know what is right and make up these infamous "ROEs" they have no clue. I really find it odd that our government has allocated so much resource and time to prosecuting these men, for "war crimes" and our boys are being murdered daily out in Iraq and Afghanistan. Didnt see our government bat and eye when we had 3 soldiers from 10th mountain get captured,tortured and then murdered by enemy combatants. It always amazes me where our priorities lie, oh I forgot were above taking the law into our own hands. But our goverment is not.

Charmaine   November 17th, 2009 4:45 pm ET

What is the point of being over there if not to kill before being killed? Why are good men being punished for trying to keep themselves and other soliders safe? Do you think that if the government of the "murdered" had the roles reversed, that they would have prosecuted and thrown the american killers in jail? Why, heck no, they would probably get a medal... I just don't understand... had I been on the jury or in any situation to try these guys, I would have simply turned my head...

BOB FROM PITTSBURGH   November 17th, 2009 4:52 pm ET

Killing war prisoners for whatever motive,, is a war crime, and should be punish.. the army is doing the right thing in prosecuting these people.

Doing the right thing is what differentiate us from savages.

steve clemmons   November 17th, 2009 4:58 pm ET

our military needs our support. if we would allow our troops to do their job and stop backseat driving, we would see some real progress in these wars. people that have never been in battle cannot tell someone who is, how to do it. There is a reason the expression "War is Hell"exists. If we don't have the stomach to allow the troops to do what they must, bring them home.

God help us all...S Callahan   November 17th, 2009 5:33 pm ET

Scott ...so glad you are taking on this article. I just can't stomach what is happening to our solilders who are acting in the best interest of America..and in his case, also for the Iraq citizens that are good and honorable. Sometimes you just sit back and question how did justice and it's meaning get so distorted.

He will be all right...and I"m sure he does feel freer now in prison than he did in Iraq....but sadly he has not had justice on this land....his hope lies in justice from above, it really the only thread linking him right now.

Soldier.   November 17th, 2009 6:33 pm ET

I agree with the Monday Morning Quarterback comment, and having served in the military and done my time downrange I can echo the sentiments about being frustrated. If you've never worn the boots and walked our walk in them then I find it amusing that you can pass judgment.

Speaking of judgment – this man was judged by a military tribunal and found to be guilty. What he did was wrong, and the reason why we are not fighting the way the enemy fights is because that would make us no better than they are. Does it cost us? Yes. But every single one of us who puts on that uniform from day to day knows, understands, and accepts that risk.

While part of me wants to agree with the First Sergeant's actions, the other part of me cannot condone going rogue. But he made a decision and he stuck to it. And he believes that what he did was right. I cannot personally agree with him but I understand his motivation and I do not condemn him for it. Having been in his boots I know what he has to live with.

A. Smith, Oregon   November 17th, 2009 6:46 pm ET

It seems these Army soldiers are Scape Goats for show casing the new Army image that is being spun since Maj. Hasan's murderous outrage played out under the nose of Lt. Gen. Robert Cone.

Army suicides are at a all time high, countless veterans state they have PTS and that the Army is refusing to treat them nor properly allow those veterans to obtain badly needed medication.

Scott D Harding   November 17th, 2009 7:32 pm ET

I feel these guys fustration. Maybe we need to to a "180" on OUR rules of engagement. They terrorists only play by one rule: kill as many Americans as possible. There is no pity, no shame and no regard for what we call "Due Process". Maybe if we played by their rules for awhile, we wouldn't keep seeing the same insurgants over and over and over... And yes, I am an Honorably Discharged Retired Veteran of our countrys fine military.

Marcel   November 17th, 2009 7:52 pm ET

Whatever Sgt. Hatley's fustration with detainee policy was does not excuse or justify his actions. He was there to follow orders, not act as judge, jury or executioner. The Army has a good track record for zero tolerence of this kind of behavior, unfortunately, worse war crimes have gone unpunished because of corrupt politicians.

Tyler Bond   November 17th, 2009 9:24 pm ET

I agree with dale above; These men were simply doing their job. They were in a war zone, and therefore it is acceptable that they make acts of war! If our government were to focus less on prosecuting our own soldiers' crimes and more on rooting out and annihilating the enemy stronghold, we would most likely advance at a much faster rate in this rapidly deteriorating war. Had the men that were killed been given some warning, they would have most likely made some use of their weapons cache, and been slain anyway. It is a pity that as a country we are no longer able to prioritize, even when it means death to our countrymen in some cases.

Linford   November 17th, 2009 10:23 pm ET

America is a land of freedom, freedom within the law. We understand the frustration of our men and its attendant deaths as a result of the loop holes in some of our laws. However, the law is law no matter the loop holes and it must be observed by all especially soldiers who are trained to take orders. It is up to the top men to do something about the 'ROEs' in the interest of our galant men and women. God bless our soldiers, God bless America.

Colleen   November 17th, 2009 10:23 pm ET

My son has served 2 tours in Iraq . . . . these guys should not be in prison . . . .they are correct . . . those Iraqis would have been returned to the streets and would have killed more of our boys!!

Brent Trinidad   November 17th, 2009 10:24 pm ET

This has got to be pretty close to being absurd that these men find themselves in trouble for this. Tell me what is the difference between killing the men in a fire fight and killing them after. I'll tell you what it is. Its luck

Catherine   November 17th, 2009 10:25 pm ET

Murder is murder, no matter who does it. Yes, the Iraqi men might have been, and I emphasis the phrase might have been, planning to kill Americans, but that is no excuse for their murder. The soldiers should have taken the men to a detention centers, where they would have been treated as prisoners of war. They violated military laws. They are new Steven Greens. If American soldiers continue to kill Iraqis without reason, there will be anger, more incentive to become a terrorist, and the violent cycle will continue.

hakeem   November 17th, 2009 10:26 pm ET

i served in afghanstan 3 years and 2 in iraq. it was like hill but we always have followed the rules. you cant kill anyone who has no control when u have all the power over them.

jmmc   November 17th, 2009 10:30 pm ET

As a Vietnam Vet I found Scott Peck's book, "People of the Lie" instructive.

Jonie Hamilton   November 17th, 2009 10:36 pm ET

What evidence do they want or need when we are at WAR? I believe 40 years is way too much for anyone under that kind of pressure to save his/her country and be so far away from their loved ones for so long. Maybe they were just trying to do the right thing, protect US and themselves. Their families must be devistated. I feel for them.

SCOTT B   November 17th, 2009 10:39 pm ET

These 3 men are my HEROS!! I Can go to sleep tonight and wake up and go to work tomorrow knowing there are less terrorists in this world staring down a scope at one of our service men providing my freedom.Less terrorist to plot on how they can destroy America. I thank these men for doing their jobs! War is kill or be killed, that is why it is fought with deadly weapons not pillows or words! I and you should ALL call for these mens immediate release!

Eli   November 17th, 2009 10:46 pm ET

If it is true that these Iraqis would have been right back on the streets trying to kill our soldiers, then their decision to murder these folks was completely justified and understandable. Every day they place their lives at risk, and to have those who have already tried to kill them once given the opportunity to try again is ridiculous. If it was our lives at risk we would be a little slower to judge. After the first time they dropped off some Iraqis who had tried to kill them and then found them on the streets shooting at them again a few days later, they probably decided that war is us or them... I would vote for them. You know, fool me once shame on you, fool me twice, shame on you.

It is really too bad that the military has seen it fitting to take 40 years of their lives for this, especially since there really is no other logical way to deal with it if I were in their shoes. The only problem with that thought process is that it would open the doors for any American soldier to kill any Iraqi or other enemy for any reason at any time without consequence. Not a good message to send to our troops.

What can you do? I think fix the problems with the detention centers, make it clear that this behavior will not be tolerated, and ease the sentence on these soldiers who had no other options unless they wanted to die.

hakeem   November 17th, 2009 10:47 pm ET

and by the way i really thank the CNN for showing the true. you rock CNN

Doug D   November 17th, 2009 10:47 pm ET

Our country's freedom has been secured over many years by soldiers with the courage and commitment of Sgt Hatley and his team. His statement that our country's decisionmakers placed more effort and resources to prosecute our own while recycling the enemy is disturbing and disappointing – yet seemingly true.

Ramses Byron MN   November 17th, 2009 11:11 pm ET

I support you
1sgt hatley you have my 100% support. You should not be in prison. Your driver in OIF II 04-05. We survived a near ambush together. had it not been for your guidance I would not be here today. To anyone who has not served in our armed forces in combat and yet criticize/demonize actions of those in it just remember. If not for us you would not be able to say they hateful and disrespectful things you do. Secondly I challenge you to serve in a combat zone not as a photographer or some support M.O.S but as and infantrymen. On the ground being the tip of the spear head defending freedom

Delsy   November 17th, 2009 11:21 pm ET

I'm iraqi .. and i want those guys to be punshed..this is justice .......

Justin Jones   November 17th, 2009 11:21 pm ET

I served with these men in Aco 1/18. Again I'll state that they are heroes! I second what Hatley said about spending the time and money on iraqi detainees instead of prosecuting our American heroes! Release these men! Then throw them a parade in appreciation!

Tressy   November 17th, 2009 11:25 pm ET

I think it's a crime that these soldiers have been imprisoned. Who are we to say anything about what was done. They came across insurgents, and they did what they are trained to do. What they did probably saved the lives of countless soldiers, does that not count for anything. I think as civilians we need to let our soldiers take care of the business they are there to do. If the tables were turned, would the 4 thugs have shown any American soldier mercy?

kenneth   November 17th, 2009 11:30 pm ET

they do not have to kill them.how about if they are american?.
they should have turn them in.

PettyOfficer Mendoza   November 17th, 2009 11:39 pm ET

These Soldiers should be given medals and be Honored for what they have done.We fight an enemy that has no uniform and has no rights under the Geneva Convention. They are enemy insurgents that were found with sniper rifles, Ak 47 and other deadly weapons that were used or were in planning to be use to kill U.S. Troops! These Soldiers did their Jobs with integrity.I would of done the same thing! We are a band of brothers all for one and one for all. It is said to see these Soldiers in prison when they have fought for freedom and democracy against all enemies foreign and domestic.I hope they will be released and reinstated. If you have not been in the combat zone, you do not know what the hell these Soldiers and Marines, Sailors and Airmen go through. God Bless the U.S. Armed Forces!

Ed   November 17th, 2009 11:48 pm ET

Im a Army Veteran, i just came back from Afghanistan in June of this year, what i don't understand is that the taliban do not follow The Geneva Convention so why should we? I consider this man heroes and will follow any of them into war any day. The Geneva Convention should only be applied to convetional warfare with countries that have real armys following the same rules, not terrorist. We are becoming soft and this is the reason why so many of our men are dying. What has happend to us as AMERICAN'S?Do you really consider your self a patriot? Have we forgotten 9/11 so soon?We should be ashame!! Did they have mercy for all the people and children they killed? Why should we!!!!!!! We need to wake and stop worring about what the world thinks about America, after all we are the strongest country in the world for a reason, don't let other drag us down and let's do our job and teach our enemys to fear us one's again.

Jim from Pembroke Pines   November 18th, 2009 12:08 am ET

Battlefield justice is as old as time itself. Our men in arms have never ever been subjected to constant redeployments to a war zone as required of our present Armed Forces. Short timers do not exist in todays military. Men in battle have no one to rely on but themselves, they look out for each other and they take care of business. Some can handle it and some can't. I am not saying it was right, but we have no right to judge them. These men should not be locked up, but rather rewarded for their mission, devotion and transfered to non combat duties.

Ralph Miller   November 18th, 2009 12:39 am ET

Mr. Cooper,

I've served with John Hatley, and I am here to tell you John, was the most professional Non Commissioned Office that I have ever had the privilege to serve with. I don't condone what John did but, I sure can understand it. I can understand because, I seen insurgents released because of a lack paperwork . These are the same Insurgents that not only target US Soldiers but, indiscriminately kill their own people (men, Women, and children) only because of a slight difference in religion.

Bob from Pittsburgh, have you ever served in either of the two conflicts, I would guess not. Soldiers in a Squad, Platoon, Company are family, the First Sergeant is like their mother, who feeds and takes care of them. Could you imagine what John Hatley was feeling when he lost over 10 of his kids, and their killers were released over technicality. American Soldiers are not killers, we train to defend each other and our counties way of life, when it comes time to execute this training, we do it decisively and with great effect.

John in our world you will always be a respected Warrior, Leader, Friend. GOD BLESS!!

.

Larry   November 18th, 2009 1:19 am ET

I am a soldier and I have been in the same situation that former 1SG Hatley has as have thousands of other soldiers; they did not take the same actions that Hatley did and we are a better Army for it. You cannot take the law into your own hands, no matter if was with the "best intentions". Yes it is frustrating and can feel like you are spinning your wheels but we live by a higher code than our enemies; killing because we think they are guilty is wrong and only serves to strengthen the resolve of the insurgents here.

EDUB   November 18th, 2009 1:28 am ET

Battlefield justice is right. If the bodies weren't found then the evidence is less than the sentence warrants. Lack of evidence is why over 70k prisoners were released.

Discipline isn't easy.

I can't say I wouldn't do the same thing.

God Bless Our Troops.

Rev. Joseph Terrell   November 18th, 2009 1:41 am ET

I served in the Vietnam war from 1967 to 1969. I can understand the killing when your friends around you are being killed. I think the sentences were wrong. Should have been shorter.

Izaac   November 18th, 2009 1:42 am ET

A war crime is a war crime! There will always be reasoning and justifications for why it was done, but that doesn't mean it is not a war crime. We will always have sympathy for our troops, but other nations will have sympathy for their own troops, and they will find justification for whatever they did. What makes the United States grate is ... "A war crime is a war crime".

Joey   November 18th, 2009 1:44 am ET

I had the chance to Serve with First Sergeant Hatley, SSG Joseph Mayo, and Doc Leahy, These men Are heroes. Period, no questions asked. After losing 6 guys in our company, these men still did their jobs. God rest their Souls. They will never be forgotten. 1SG Hatley has the ability to Lead, Motivate, and Train his soldiers in the hardest of times. For somebody to Criticize him and the other two when they have not had the PRIVILEGE to serve with him is wrong. What these men did was what nobody else has the nerve to do even though every grunt contemplates this during his deployment. If you don't know John, just know that no matter who you were, from E1 to E7 HE knew something about you within ten minutes of knowing you. Your First and last name where you were from and what you liked to do for fun as a few examples. I support everything these men did. They are not war criminals.

Ronald   November 18th, 2009 2:09 am ET

The ranking NCO knew what he was doing, it makes you think how many other times this has happen before. Raising this news story to national status could proof very bad for our troops fighting in the middle east. When you (CNN) try to keep bringing big news items for ratings you put our troops serving in the middle east in greater danger. Come on AC360 think about the fallout of your stories. I'm a Vet.

Walter Taylor   November 18th, 2009 2:10 am ET

I am a former Army SGT with 2 combat deployments. NO ONE will ever understand the hardships soldiers endure unless they put on the uniform and deploy themselves. No one knows how it feels to lose a friend and KNOW the MURDERER will never be captured or tried. I understand why these soldiers did what they did and I stand behind my brothers. The 1SG was right. I've never seen detainees released, but I did watch my BC apologize to the local nationals for detaining there females. A team detained individuals based on military equipment and IED building materials found in a home. The home was spotlighted after an attack on our FOB. The home had both male and females present. Everyone was detained, but because the team detained females; the local nationals got upset and even though the orders from the CC were to detain everyone, the BC spat in the faces of the soldiers doing there duty by apologizing to the LN. How do you fight someone you cant see? The best way you know how. The Govt. needs to take the damn leash off the dogs and let those soldiers do what they were trained to do or bring them home.

Jewels   November 18th, 2009 2:18 am ET

I wish the president would bring our men home. These men risk there lives everyday to fight for a bunch of "educated fools" that want to refer to text book policy of how a real soldier is suppose to react when he is a "real hell". I sincerely thank and appreciate everything they do for me so that I may continue to have my freedom. I have a enough sense to know this freedom that I enjoy comes at a "great cost". These soldiers had to make a difficult choice that has saved the lives of other americans or even their own.
These soldiers are trying to make it back home to their loved ones by any means necessary.

John Smith   November 18th, 2009 2:24 am ET

Those soldiers should not have been held for murder. The enemy is "Murdering" Americans and they end up back out on the street killing more? How can you put these soldiers away in jail? Your going to find a future where no soldier is going to bother fighting for "America" when all it does is throw the boot at them. It's a tragic shame how these soldiers get treated...

Robert, Alabama   November 18th, 2009 2:33 am ET

There is absolutely nothing that lessens the gravity of their crimes. In fact, the national humiliation it has brought, and the number of terrorist recruits that will result from this, makes their crimes much worse than a normal civilian murder.

Their actions will be result in the deaths of many more Americans. Their bullets will kill more Americans than their Iraqi victims ever could have.

Alexander   November 18th, 2009 2:38 am ET

Sad, but I agree with the 1st Sgt. our gov has placed so many restrictions on us, it's hard to defend yourself out here in Iraq, yes I'm still here in Iraq. Honestly, you have to see the face of death before u defend urself, or otherwise u face trials like this heroes. Insurgents can shoot you, and you still have to wait for others to defend urself, I undertand we are Americans, but that's why we've lost so many...

Alex M   November 18th, 2009 2:39 am ET

For those in active combat the endpoints are either death or life. Whoever signs up accepts the odds involved. It would either have been the sergeants or these men. Let the sergeants walk for common sense's sake.

mike ginter   November 18th, 2009 3:00 am ET

I was a soldier,not a good one, not a bad one. I was 19 with over a year in Vietnam. I was out of the wire with a buddy. We saw what I believed was a Viet Cong . He was walking along a rice paddy with his son, a 6 or 7 yr old, he had his arm around him. We discussed if we should kill him or not. We decided not to. Try living as a coward the rest of your life, how do you explain your humanity while the people you are with are faced with death from the enemy you could not kill. We are faced with choices in war, Head, Heart, and Duty.

Wolfpack   November 18th, 2009 3:50 am ET

No person can imagine what it is like fighting on the streets of Iraq or Afghanistan unless you have been there. Not knowing each day when you drive of the base if you will return. These soldiers were placed in the middle of hell. Expected to patrol a sector between 2 warring factions, the Sunni and Shia.

The frustration from picking up the pieces of your soldiers after being hit with a road side bombs, rushing soldiers to the CSH after been shot by Snipers and having them die in your hands. 1SG Hatley lost 26 soldiers from combat action.

What would you do if after being attacked, you find these insurgents with 2 sniper rifles, 8 AK-47 machine guns, 3 RPG's IED bomb making material and a duffle bag of ammunition? Then to be told by the detention center that you dont have enough evidence to hold them. So best thing to do is release them so they have a better chance of killing more American Soldiers the next day.

I would go into combat with these 3 heroes anyday, anytime, anywhere.

Marion   November 18th, 2009 5:42 am ET

We are at war and our men and women over there are being killed every day. The enemy does not follow our rules of engagement. These soldiers should not have to have so much proof in order for captives to be locked up. Our enemy is not keeping our soldiers alive they are killing them. Our enemy is brutal to our soldiers and they laugh at us and our rules. The enemy knows our rules are tying the hands of our soldiers. They have no desire to follow anything put out by the united nations. It was the same in Vietnam and World war II. If we are to succeed we need to put our soldiers on an even playing field. These men should not be in prison for taking out the enemy.

Wil   November 18th, 2009 5:43 am ET

I feel sorry for these 3 heroes... This is not your normal war people. These people are using little kids strapped with bombs to kill not only our soldiers, but innocent civilians and your saying what these three devoted men did was dishonorable in war.. Last time I looked the enemy has decapitated our oldiers alive and your screaming dishonor.. The only dishonor is locking these men when they dealt justice when no justice was being dealt. Out of the 80000 prisoners captured during this war 77000 were released, if that's not a lacking of justice I don't know what is... This men are trained to fight and wake up every day or night in a warzone, unless you have been there YOU have no right to criticize their decision..

Understand   November 18th, 2009 7:01 am ET

wow.... You know i read all these blogs and i have just one thing to say. When did this country beocme so judgmental of its own? To think that our government send our soldiers to war and the only thing we can do is bad mouth and judge them the way we do. Like it or not this is war.... POWs.. give me a break, these so called POWs were trying to kill these soldier's and when they ran out of ammo they knew it would be a walk in the park to just give up and live to fight another day.. We're so hard on winning other countries heart that we forget to even give a heart to our own.....Been in this military life for almost a decade. I do it because there's no greater honor than to serve next to some wonderful individuals who have loyalty, duty, integrity, selfless service, honor, personal courage....something our government should try... Good luck to the families of these brave soldier's...I hope their families don't abandon them, like our country have done....

OIF-OEF Vet   November 18th, 2009 8:44 am ET

This is one of those few "crimes" that was tailor made for a presidential pardon. These men took appropriate action in order to protect their fellow Soldiers. That makes them outstanding NCO's, and this Army needs them and their experience.

Frank   November 18th, 2009 9:09 am ET

This is a tough one. What they did was not right under "normal" circumstances. War is no normal circumstance. And this is no "typical" enemy. This is war, not the hood. And this was no My Lai massacre. These were enemy combatants.

Punish them? Sure. Life in prison? No way. 40 years? No way. 20 years? No way. 5 years is more than enough.

Isn't it strange how we offer up our children...our flesh and blood for complete strangers in a foreign land? I am convinced this sacrifice is unappreciated by the people of both Iraq and Afghanistan–and the World.

Jerry   November 18th, 2009 9:24 am ET

I sympathize with the American soldiers who were put in a very tough position. But being in the military also means following orders, even if you don't agree with them. We can't condone soldiers making up their own rules. Also, I wonder about the assumption that their actions made other soldiers safer. If it had been kept secret, perhaps. But now that it is publicly known what they did, it seriously undermines our effort to 'win the hearts and minds of the Iraqi people'. We Americans tend to give our soldiers the benefit of the doubt that the people they executed were in fact insurgents, but Iraqi's will not be so generous. Perhaps a mistake was made, perhaps innocents were executed, and if they think that, it could inspire many more Iraqi's to try to kill U.S. soldiers, making them less safe.

Mel   November 18th, 2009 9:42 am ET

I don't know how anyone could fail to understand why these men did what they did. I absolutely understand why these men felt like they were protecting themselves and their fellow soldiers.

They are sent to fight a war.... in wars people die. Soldiers are trained to fight, to kill, the enemy. What a fine line the government has between fighting in the war and murder.

John Hatley served his country for 19 1/2 years. It makes me incredibly sad that this is how his country repays his service to us.

Erik   November 18th, 2009 10:00 am ET

Are we trained to kill? Yes, trained to kill but not murder. As a soldier who has been to Iraq twice I can tell you first hand that the way we handle detainees is often better than how police handle our own citizens. Unfortunately it's the few that taint the rest, but I am not going to sit here and pass judgment on these soldiers because I wasn't there.

Every situation is different and especially when you are fighting a political war. Most units in Iraq have Law Enforcement Liaison (Civilian contractors) that were once former detectives in cities or even worked for the FBI. Usually, they give us guidance on what to look for when we detain an individual in order to make sure that prisoner does not get back out into the general populace for a certain amount of time. I had once Liaison once tell me that the Army and Marine Corps have their hands tie behind their backs often when dealing with detainees. It's frustrating and it's unfortunate it happened.

Corey from Pennsylvania   November 18th, 2009 10:36 am ET

Watch a documentary on the History Channel and you will hear soldiers from WWII admit to such actions against the Japanese soldiers. Although I don't agree with the actions I can't say that I wouldn't do the same thing. If I had the same person shooting at me time and time again eventually I would be fed up with the system.

Nevada   November 18th, 2009 10:54 am ET

What purpose does this investigation serve? Splashing their poor choice across the news for everyone to judge them. Obviously they are wrestling with their conscience and the military is handling the justice. Leave them alone to find their peace.

Tammy   November 18th, 2009 11:09 am ET

John Hatleys soldiers are his sons and daughters. I ask you...if the same enemy were continuously returning to kill your children, because our asinine rules of engagement wouldn't protect them, what would you do?
How many mother's, father's, son's, daughter's returned home to their families because of this action.
I hope you will not kid yourself into thinking that this sort of protection, and I do believe it was protection of his soldiers, did not happen in others wars. It happened in WWII, Vietnam, Korean, but I guess you didn't have Americans turning on their own men.
70,000 plus detainees have been released to kill again. Ask a parent, whose child came home in a box, if our rules for holding detainees are appropriate for the situation. John Hatley is a hero.

Larry W. Shroyer   November 18th, 2009 11:10 am ET

You must be kidding!

We sent these men overseas – to protect our country and this means following the training. I know what the training is. I can't believe American people can allow anyone to be sent to prison for killing an enemy – and they are enemies or we would not be there. I don't care if they tortured anyone including the women and children – they are doing their duty. We are a free nation because of our military, ask anyone, including, especially including the immigrants. If we send men to jail for defending the United States – all of our "hero's" would be there.

Rob   November 18th, 2009 11:58 am ET

It is sad that he felt frustrated enough to take the "law" in to his own hands. A soldiers job is tough enough when you know who the enemy is and your job is to defend or attack that enemy. When we constantly use our forces as police in other countries we risk them having the training of a killer being used to execute law enforcement. It is not why they joined (in most cases) Americans constantly get angry about "police actions" and our government being on the wrong side of our own morality when it comes to military intervention. This is a consequence and I pray for all soldiers and thank them for there service.

He has rules to follow he did not it is called a breech of command it is simple from that perspective but in execution I can imagine how gray these areas can be.

Coleen   November 18th, 2009 12:24 pm ET

I am the mother of Joshua Hartson, I am VERY Proud of my son and the men that were with him that day! My son is a Hero and all of the men involved in this story will forever be held with the highest respect from our family. I have heard stories from my son, I listen and I cry behind his back for the pain he has gone through and will continue to go through. The men in this story should not have been put on trial, they should have been honored as heros. Joshua comes from a family in which many members have served our contry and I know my father who was honored a purple heart and had many many medals from the vietnam war prior to his death last year stated to me he was very very Proud of his grandson Joshua for what he did over in Iraq and how he chose to stand by his men, he had never been prouder for a job well done and for Joshua to Stand Tall and be proud!

Nancy   November 18th, 2009 12:25 pm ET

My prayers go out to the Soldiers and their families. I don't think one of us as a citizen can pass judgement on their actions. ROE ?? What, they have to wait to be shot at before they can engage?? These low lives hide behind women and children and even put on women's clothes and then shoot at our Soldiers. It's WAR, not a video game, its real bullets and real bombs and real deaths and real injuries! Only in America we would do this to our OWN.

Paul Ernest Show   November 18th, 2009 1:24 pm ET

Anderson, one cannot help but have mixed feelings about these things. As a 7 yrs old kid, I have witnessed war and seen soldiers being hastely buried because they are under fire. In the heat of the moment or depending on what some soldiers have recently experienced, there is some element of temporary insanity on the part of soldiers, when they are fighting on the battlefields or encountering gunfires. These soldiers, sometimes, loose their sense of right and wrong and just want victory at all cost or revenge by all means.

Beverly   November 18th, 2009 1:30 pm ET

These guys were found with weapons immediately after these soldiers were shot at......during time of war they are called the ENEMY!!!! These weren't "helpless civilians".....these soldiers are not murders....they saved lives in the future by taking out these thugs. Which one of you would like to see these same guys back on the roads with their weapons shooting at one of YOUR relatives????

Rex   November 18th, 2009 1:52 pm ET

I cannot comment on the seargeants actions, being an old soldier myself and experiencing combat in vietnam, I can tell you that many times we where not allowed to shoot until shot at and then we had to get permission to shoot back...figure that. We lost a lot of troops in vietnam because of that particular rule of engagement..let me ask you this. If you had a bad guy standing in your door with a gun in his hand pointed at you, would you take the time to call a judge or lawyer or police officer to ask for permission to shoot him in self defense?

Steve   November 18th, 2009 3:00 pm ET

Firstly, Innocent people dont shoot at American soldiers. Secondly, from the investigations, no missing persons report was filed and this is standard practice in Iraq, so they can collect monies for lost, wounded or killed family members. This proves that these men were foreign fighters. How many times can our soldiers turn detainess over to the detention center just to see them released again? How many more of their Fellow soldiers would have died if it were not for their actions. These guys are Heroes and deserve to be free.

Melissa   November 18th, 2009 3:01 pm ET

Murder is murder. It doesn't matter if these soldiers were fighting the same men over and over again, it doesn't matter if the detainees were foreigners, they still took the detainees into the boonies to murder them execution style. Its wrong, plain and simple. These soldiers got what they deserve.

Avalon   November 18th, 2009 3:04 pm ET

Our military machine trains these men to kill, arms them, pays them and ships them half way around the world to do just that. Then we are surprised when they do. We do it in the name of our God. God bless us and keep us. But the commandment said "Thou shalt not kill". I didn't read any exceptions. But we have free will so I guess we all shall reap the consequences. We could stop. But then all of defense contractors making alot of money would have to try to find a new job like the rest of america. Those monies would be one hell of an economic stimulus.

Former Staff Sergeant of 1SG Hatley's   November 18th, 2009 3:08 pm ET

I deployed twice with 1SG Hatley and SFC Mayo. They are both great men. They helped me develop into the NCO that I am today. I was deployed with them during the time frame of these charges. It was a very stressful time for our unit and we took lots of casualties. It is very frustrating to arrest individuals day in and day out, to only be fighting them again in a few days. I do not think that their actions were wrong! Who's life’s are more important our Troops or the insurgents’ that are trying to kill our troops on a daily bases. John, Joseph and Michael should all receive pardons for what they have done and be allowed to remain in the military and finish their military careers.

PV   November 18th, 2009 4:01 pm ET

I am a Vet, though I did not see combat. I do know lots of Vets who saw combat in wars going back to WWII. In combat, there are times when one has to do what is necessary to survive. These soldiers were in that situation, and they did what they had to do to survive, period. This kind of thing happens in all wars. It's sad that these soldiers had their fates decided by some textbook heroes who do nothing but shine seats with their rear ends.

judy beckman   November 18th, 2009 5:58 pm ET

We are at war. These soldiers were sent over there to lay their lives on the altar of our country . I can understand why they did what they did, are they supposed to give these people another chance to kill them or other soldiers over there. These people are taught to hate us, they will always hate us and according to their beliefs the more Americans they kill the more their God loves them and they are rewarded by a place in heaven for killing as many Americans as they can. Did 9-11 not teach us that. How many of our sons, daughters, husbands, wives, American soldiers are sent home every week in a flag draped coffin? These (murderers)?? are supposed to give them second and third chances to kill more of their fellow soldiers? I think not, as I said we are at war, in war it is kill or be killed. My prayers are with these men and their loved ones.

Andre   November 18th, 2009 6:20 pm ET

I think the war is getting to some off these soliders.the fighting seems like it will never end.

Sundara   November 18th, 2009 6:31 pm ET

When the soldier said his dad would have been able to understand where as him mother couldn't, I found it hard to believe. I felt so bad for him. It's wrong, but they did what they felt at the time was the right thing to do. I adore the American army, I truly do. But I wish every other incident of so called "war crimes" was brought to the table like this. Thanks to this documentary people are saying, that's not right, those Soldiers deserve respect. But if it wasn't for this, they'd probably just keep screaming "war crimes!." EVERY soldier deserves the same respect. There are so many armies that people just accused of war crimes without properly understanding why they did what they did. I just wish they would have the same opportunity as these three soldiers do.

et   November 19th, 2009 11:51 am ET

Not equating the motives- but when soldiers start justifying war crimes, it is the same warped thinking that the radical Muslim youth have in war torn areas who claim that "we" dont know because we dont go through what they are going through. As I said, NOT equating the motives, but such thinking is equally disturbing. There are rules and laws of war that must be followed. Killing POWs is against it- that is why such acts are called "war crimes."

Those who are trying to justify such murders, are insulting not just the US Constitution, but also insulting those just and fair soldiers who have been killed or injured in fighting these wars towards establishing a just democracy WITHOUT compromising on their ethics and laws! Period.

Jim in Ozark, MO   November 19th, 2009 12:13 pm ET

They were wrong, tried, and found guilty. Enough said. What they did was a small scale version of the My Lai massacre in Vietnam. What the Nazis did in WWII throughout Europe; what the Japanese also did in Korea and across the Pacific; and what we did on some occasions in both Theatres. The Germans just arrested and will likely try a 90 year old ex-Nazi. They were no better than their Musllim enemies in Iraq and Afghanistan. As soldiers we are trained on what we can and cannot do; we received special training about following illegal orders after My Lai, and still receive training on how to fight. If a cop on his beat did this against pushers, killers, and other felons we'd string him/her up. As a retired soldier, I cannot condone their actions nor agree with any lunatic writing support for their actions. They are criminals who experienced the effect of the Uniform Code of Military Justice (UCMJ). I sent too many soldiers to prison for far less than the actions of these men.

Maryjane   November 19th, 2009 1:16 pm ET

There is no excuse for what they did. It doesn't matter if you're in Iraq or in the US. I am also in the military, and we learn to control our emotions so we can stay focus in getting the job done, the right way. These senior NCOs failed to do the right thing, to live up to our Army values....it is what sets us apart from other countries and their military forces. Thank you SGT Cunningham for having the courage to tell the truth.

Bill   November 19th, 2009 1:44 pm ET

I had a few encounters with 1SG Hatley when he was moved to Housing while he awaited trial. He was a very professional and caring NCO. I would go in to his office and talk to him about housing issues that I was trying to resolve for my soldiers and he always treated me with the uppermost respect. I think what he did was a very honorable thing and think he should not have been punished. No one can possibly know unless they have been a comabt zone watching your friends die beside you and fighting an enemy you can't see. I wish 1SG Hately and his family best wishes.

Stefanie Venice, CA   November 19th, 2009 2:31 pm ET

There is certainly no easy answer or comment to make about this horrible situation. It is disturbing to hear the story told by these soldiers, in a somewhat abstract and calm manner. There are many conflicts and issues affecting our soldiers deployed to Iraq. However, a soldier's good judgment and her or his humanity should never be an issue.

After working with the Department of the Navy as a civilian ICU nurse for many years, I have deep respect for active duty military members. They make a commitment to serve our country and it comes with risks that most people will never see in a lifetime. As civilians, we may not understand daily life as a soldier, yet we do appreciate the gravity of this situation and its far-reaching future impact.

The comments posted here; from those who feel sorry for these soldiers, seem upset because they were reported or praise them as being heroes are disquieting and unfortunate. There seems to be a complete disconnect between how our behavior, in any foreign country, directly affects future behavior toward us.

We now occupy Iraq; presumably for the purposes of “helping” the Iraqi people restructure their government, rebuild their homes, their businesses and their lives. Yet there are numerous reports of violence toward detainees and civilians, by American soldiers or private mercenaries representing the United States, for no acceptable reason.

These men confessed to murder and there should be every expectation, they would be held accountable.

The actions of a few, whether committing good acts or committing crimes, defines us as a nation.

Mal   November 19th, 2009 3:49 pm ET

It is a terrible shame, no doubt they were good soldiers. I was a bit taken aback to learn that one was a First Sergeant. Not that a 1SG is not capable of such a thing but, by the time you get to the rank of 1SG you have been around a while and have earned the special trust and confidence that goes along with the rank. What he did was wrong and he knows it was wrong. Still, the job of a soldier is to administer violence to kill the enemy as quickly and efficiently as you can. The quicker the better. I guess the last "good" where a soldier was able to clearly do his job as trained was the Korean conflict. There were two (or three sides) and all had their distinct uniform and side of the battlefield. All the wars since VIet-Nam have been messy, so called asymmetrical convolutions where we fight an indistinct enemy that hits and runs. That can be extremely frustrating as Lt "Rusty" Callen can attest. Furthermore, not only can a soldier not fight back as trained, he has to deal with "touchy-feely" nation building tasks. Something completely alien to his training of blowing things up and killing the enemy. We are not trained for this type of warfare yet and unfortunately, the "good" old wars are gone forever.

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