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Navy won't drop murder charges against SEAL

Rogue Valley

Rogue Valley

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Navy won't drop murder charges against SEAL Edward Gallagher despite bombshell testimony

6/21/19
Navy prosecutors are still pursuing murder charges against Special Operations Chief Edward Gallagher even after bombshell testimony Thursday by a Navy colleague who confessed that he was the one to kill the teenage Islamic State fighter. Special Operator 1st Class Corey Scott, a SEAL Team Seven medic, testifying for the prosecution under an immunity agreement, told the court that he held his "thumb over his TT tube until he quit breathing," admitting that he asphyxiated the captive, despite saying that he saw Gallagher stab the boy in his neck. When cross-examined by the defense, Scott said he killed the fighter because he knew "he was going to die anyways." "I wanted to save him from what was going to happen to him next," Scott said, referring to alleged torture by Iraqi captors. Gallagher served nine months in prison awaiting trial in the fatal stabbing of the 15-year old ISIS fighter in Iraq in 2017. He has also been accused of shooting two civilians in the same year, and opening fire on crowds, all claims he has vociferously denied.

Gallagher's attorney Tim Parlatore, said at a news conference he is "expecting a not-guilty verdict" after Scott's testimony. Prosecutors are now treating Scott as a hostile witness, saying that he did not disclose that he was the one to asphyxiate the ISIS fighter in his pre-trial interviews and is only doing so now because he has an immunity deal and doesn't want to see his colleague go to prison. Gallagher, a decorated SEAL with 19 years of service who earned a Bronze Star with V for Valor twice, a Meritorious Unit Commendation and a trio of Navy and Marine Corps Achievement medals, was joined by his wife and two children outside the courtroom Thursday. "We've been patiently waiting for the truth to come out and we've heard from a lot of people who are intent and have colluded for over two years to take down my husband, so to hear today that someone finally had the bravery to stand up for the truth was refreshing after all of these years," Andrea Gallagher said at a press conference. "This is probably the worst-case scenario of what you could expect as a military family after nearly 20 years of service," she added.
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In a civilian system after changing his sworn testimony to investigators, Corey Scott would be charged with homicide and lying to investigators to avoid prosecution. At the least, Edward Gallagher would be charged with attempted murder and aiding and abetting a homicide. All such charges carry significant penalties upon conviction. Absent particulars, I cannot present the rationale on why Navy prosecutors will still pursue the original murder charge against Edward Gallagher.
 
Rogue Valley said:
Navy won't drop murder charges against SEAL Edward Gallagher despite bombshell testimony



In a civilian system after changing his sworn testimony to investigators, Corey Scott would be charged with homicide and lying to investigators to avoid prosecution. At the least, Edward Gallagher would be charged with attempted murder and aiding and abetting a homicide. All such charges carry significant penalties upon conviction. Absent particulars, I cannot present the rationale on why Navy prosecutors will still pursue the original murder charge against Edward Gallagher.
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I saw this and was wondering if he carefully worded what he told the prosecution to get immunity.
The prosecution simply heard what they wanted to hear.
At this point I would say the prosecution's poor due diligence, has lead to a complicated situation.
 
Likely they feel like the admission is an intentional ploy. Since the guy testifying had immunity, he can take the blame without consequence, clear the case, and they both walk free. Obviously the family is going to be on board.

Not clear on that their options are to try to unravel this. I'm torn between admiring the balls it takes to pull of such a stunt, if that's what's happening, and hating the manipulation of justice.

I guess we're probably all fortunate these guys joined the military and killed people, rather than becoming lawyers and doing some real damage.
 
Rogue Valley said:
Navy won't drop murder charges against SEAL Edward Gallagher despite bombshell testimony



In a civilian system after changing his sworn testimony to investigators, Corey Scott would be charged with homicide and lying to investigators to avoid prosecution. At the least, Edward Gallagher would be charged with attempted murder and aiding and abetting a homicide. All such charges carry significant penalties upon conviction. Absent particulars, I cannot present the rationale on why Navy prosecutors will still pursue the original murder charge against Edward Gallagher.
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The stabbing would have been fatal I expect, so he in effect committed murder, the medic just made it happen earlier than it would have (if what the medic said was true)
 
longview said:
I saw this and was wondering if he carefully worded what he told the prosecution to get immunity.
The prosecution simply heard what they wanted to hear.
At this point I would say the prosecution's poor due diligence, has lead to a complicated situation.
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If the medic lied to get immunity I doubt the immunity will stand and he will be charged as well
 
Rogue Valley said:
Navy won't drop murder charges against SEAL Edward Gallagher despite bombshell testimony



In a civilian system after changing his sworn testimony to investigators, Corey Scott would be charged with homicide and lying to investigators to avoid prosecution. At the least, Edward Gallagher would be charged with attempted murder and aiding and abetting a homicide. All such charges carry significant penalties upon conviction. Absent particulars, I cannot present the rationale on why Navy prosecutors will still pursue the original murder charge against Edward Gallagher.
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could it be due to conflicting testimony from two other seals who testified that gallagher commited the murder of the young man while in their sight
 
Lord Tammerlain said:
If the medic lied to get immunity I doubt the immunity will stand and he will be charged as well
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Has anyone said he lied?
Perhaps the prosecution did not ask the correct question!
As I said, it sounds like they heard what they wanted to hear, and he did not correct them on their misconceptions.
I have to wonder if this has muddied the water beyond recovery.
I think if it were a Jury trial, it would already be a mistrial.
 
Lord Tammerlain said:
The stabbing would have been fatal I expect, so he in effect committed murder, the medic just made it happen earlier than it would have (if what the medic said was true)
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I also see it this way. However, without the details of the Inquest Autopsy....

Rogue Valley said:
Absent particulars, I cannot present the rationale on why Navy prosecutors will still pursue the original murder charge against Edward Gallagher.
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Rogue Valley said:
Navy won't drop murder charges against SEAL Edward Gallagher despite bombshell testimony



In a civilian system after changing his sworn testimony to investigators, Corey Scott would be charged with homicide and lying to investigators to avoid prosecution. At the least, Edward Gallagher would be charged with attempted murder and aiding and abetting a homicide. All such charges carry significant penalties upon conviction. Absent particulars, I cannot present the rationale on why Navy prosecutors will still pursue the original murder charge against Edward Gallagher.
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The witness, testifying under immunity, lied to protect Gallagher. It's pretty obvious.
 
Rogue Valley said:
Navy won't drop murder charges against SEAL Edward Gallagher despite bombshell testimony



In a civilian system after changing his sworn testimony to investigators, Corey Scott would be charged with homicide and lying to investigators to avoid prosecution. At the least, Edward Gallagher would be charged with attempted murder and aiding and abetting a homicide. All such charges carry significant penalties upon conviction. Absent particulars, I cannot present the rationale on why Navy prosecutors will still pursue the original murder charge against Edward Gallagher.
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Because they gave immunity to the witness so some has to pay.....
 
Both SEALs are accomplices in the homicide and both should be prosecuted accordingly. The immunity agreement was made for the military trial, I will assume, so prosecute the medic in a civilian court. Then a purge should commence to weed out all the homicidal cowboys from all special forces. With 75,000 plus special forces operators, the USA can afford to lose some to demobilisation due to being unfit for the job. These are supposed to be elite soldiers and not deranged assassins and murder hobos.

Cheers.
Evilroddy.
 
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In the first week of testimony against a Navy SEAL accused of murder, witnesses said he also took photos with the corpse and shot at unarmed civilians

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6/23/19
When the trial of a decorated Navy SEAL opened in a San Diego military courtroom Tuesday, prosecutors promised jurors would hear from witnesses who saw the special warfare operator plunge a knife into the neck of a wounded ISIS prisoner. But by week's end, one of the prosecution's own witnesses dropped a bombshell, testifying that he was the one responsible for the ISIS fighter's death, not Chief Petty Officer Eddie Gallagher. It was an extraordinary twist in the court-martial's opening days, but just one of many revelations. Other witnesses testified that during their deployment to the Iraqi city of Mosul in 2017, they saw Gallagher not only stab the young ISIS prisoner, but fire at non-combatants, including a young girl estimated to be between 12 and 14. "The thing floating over our heads," one SEAL testified, "was that our chief was killing civilians." Gallagher stands accused of multiple violations of military law, including murdering a prisoner, posing for a photo next to a corpse, shooting at non-combatants and intimidating SEALs who might report his behavior. Gallagher has pleaded not guilty. If convicted of murder, he faces life in prison.

Prosecutors began calling witnesses Tuesday afternoon, starting with Officer Thomas MacNeil, a SEAL who served alongside Gallagher. Under immunity, MacNeil told he court he posed in a group photo with the body of the ISIS fighter Gallagher is accused of killing, but that he didn't know the circumstances of the prisoner's death at the time. Navy SEAL Special Operations Chief Craig Miller testified Wednesday that he saw Gallagher stab the ISIS prisoner "on the right side of his neck, toward the jugular vein." Miller -- who admitted to posing in a group photo with the body -- said he immediately reported the murder to his superior. Miller testified that Gallagher asked him, "Who's not good with it?" Miller said he told Gallagher that he was not. Former Navy SEAL Dylan Dille testified he saw Gallagher pose for individual and group photos with the body of the prisoner, who he described as a frail, weak and injured 12-year-old. Dille said Gallagher later told him and the others, "I know you're not alright with what happened, but it's just an ISIS dirt bag. Next time if I get a prisoner, I'll do this where you can't see what happens." Dille also told the court that Gallagher shot at civilians who were not military targets.
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Doesn't sound kosher. But I wasn't there, am not attending this trial, and won't judge him. A jury will decide his fate. The jury picked from a panel of 12 is composed of five enlisted men, including a Navy SEAL and four Marines, plus a Navy commander and a Marine chief warrant officer. Most of the jurors have served in the conflicts in Iraq and Afghanistan.
 
Rogue Valley said:
In a civilian system after changing his sworn testimony to investigators, Corey Scott would be charged with homicide and lying to investigators to avoid prosecution. At the least, Edward Gallagher would be charged with attempted murder and aiding and abetting a homicide. All such charges carry significant penalties upon conviction. Absent particulars, I cannot present the rationale on why Navy prosecutors will still pursue the original murder charge against Edward Gallagher.
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If you think that, you have been watching to many crime TV shows.

Having a confession does not mean anything, and short of scrapping the entire process this far along without more solid proof, the typical action of the legal system is to continue with the prosecution.

Somebody confessed, so what? Unless there is some kind of overwhelming evidence that what they are saying is true, the prosecution generally continues as before.
 
Lord Tammerlain said:
The stabbing would have been fatal I expect, so he in effect committed murder, the medic just made it happen earlier than it would have (if what the medic said was true)
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He would have died anyway never works for criminal defendants. Why should it work for prosecutors? What the person who testified he killed the prisoner was that he would have died anyway - but by torture by the Iraqis - meaning he would have survived the knife attack - ie NO murder by the accused.
 
Oozlefinch said:
If you think that, you have been watching to many crime TV shows.
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I suggest you take some law courses. Criminal law courses. And talk to a DA while your at it.
 
Rogue Valley said:
I suggest you take some law courses. Criminal law courses. And talk to a DA while your at it.
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Oh yes! Because during testimony actually given during trial, DAs often drop their cases.

Sheesh, this is real life, not Perry Mason!
 
Oozlefinch said:
Oh yes! Because during testimony actually given during trial, DAs often drop their cases.

Sheesh, this is real life, not Perry Mason!
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If you believe breaking a plea agreement with a DA's office has no consequences, you're more clueless than I imagined.
 
Rogue Valley said:
If you believe breaking a plea agreement with a DA's office has no consequences, you're more clueless than I imagined.
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OK, low let me see if I got this right.

Person 1 is on trial. And during this trial, Person 2 gets a plea deal and immunity, and claims that he did the murder Person 1 is accused of. Right?

Yea, in most cases like this what ends up happening is that the testimony of Person 2 is simply stricken from the record. Especially if it does not match what was given in earlier depositions.

This happening does generally not result in Person 1 being miraculously cleared of all charges and set free.

And yea, there are consequences, for Person 2. Because in most of these cases, the deal for immunity has conditions, among them full cooperation with the prosecution, and full and complete disclosure of any possible crimes well prior to the trial they are to testify in. Break that agreement, and the immunity deal falls apart.

In the era of Mafioso flipping and giving such testimony for the FBI, they called it "Queen for a Day". In which they generally spent weeks or months debriefing said stooge, and they would confess to any crime they had done, from murder and extortion to drugs and anything else. More than a few mob crimes were solved in these agreements, and the testimony used to go after others who had participated before said stooge was whisked off into Witness Protection.
 
Oozlefinch said:
And yea, there are consequences, for Person 2. Because in most of these cases, the deal for immunity has conditions, among them full cooperation with the prosecution, and full and complete disclosure of any possible crimes well prior to the trial they are to testify in. Break that agreement, and the immunity deal falls apart.
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Precisely what I stated. Scott's immunity is revoked and both Gallagher and Scott would be charged with criminal action(s) (depending on details not available to me).

As I understand it, the military is still prosecuting Eddie Gallagher for 1st degree murder because prosecutors do not believe the confession of medic Corey Scott.

A charge of perjury has now been lodged against Scott. Other charges may be pending.

Trial closing statements will take place on Monday, July 1. For a conviction of Gallagher, five of the seven jurors must vote guilty.
 
longview said:
I saw this and was wondering if he carefully worded what he told the prosecution to get immunity.
The prosecution simply heard what they wanted to hear.
At this point I would say the prosecution's poor due diligence, has lead to a complicated situation.
Click to expand...

Seems like the whole defense was to get as many people to lie as possible in order to get a mistrial. why not just sit back and wait for Trump to pardon him?
 
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