Holmes’ civilian defense counsel, former federal prosecutor Stephen Cook, said the investigation by the Naval Criminal Investigative Service “was shockingly flawed” and, among other oversights, never sought to probe the background of the dead Iraqi to see if he had insurgent ties.Īlso, he said, the Iraqi’s cell phone was never recovered to see what numbers he had been calling or whether he was text messaging. Mattis, accepted the hearing officer’s recommendation that Holmes be sent to a court martial. Prosecutors say Holmes’ version of the New Year’s Eve incident is a lie: that, in truth, he killed the Iraqi and then falsely told investigators that the Iraqi had fired his AK-47 at him during a struggle and was aided by a second Iraqi soldier.Īfter an Article 32 preliminary hearing this summer, the convening authority in the case, Lt. Marine awaits trial in death of Iraqi soldier – East Bay Times
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