Defend John Hatley

LETTERS FROM SOLDIERS

***************************************************************************************** Ladies and Gentlemen,

As reported on CNN: The military released 77,000 of about 87,000 detainees locked up during the Iraq war because there was not enough evidence to hold them. (If you have not yet read the “entire” clemency letter written by First Sergeant Todd Carlsrud, please do so that you will have a well-rounded perspective of the very flawed, “catch and release policy” that even today, continues to put our service members in danger. An excerpt from his letter is what is showcased on the home page, but the entire letter is found if you click (Case Details) in the header of this page or scroll down on this page.

 (Please note that the convening authority wound up not being Brigadier General Hogg. For John Hatley, it wound up being Colonel Preysler. John was originally sentence to life. Colonel Preysler reduced his sentence to 40 yrs, eligible for parole in 10 yrs. We are now in the appeals process.) Chaplain George has given his permission for his letter copy to be shared with the public, to include any media. / Letter was written in May 2009. 

~Thank you for taking time to read a few letters that was by no means, easy for these soldiers to write.  Permission has been granted by all soldiers below, for their letters to be shared publicly.  I remain deeply appreciative of your interest in this page.  ~Mrs. Kim Hatley

______________________________________________________________________________ 21 May 2009

Dear Brigadier General Hogg,

I am writing on behalf of MSG John Hatley to request that you convert his sentence to a term of years and even consider allowing him to serve his remaining 6 months of Active Duty service, at an appropriate rank, for the benefit of his wife Kim so that she may be eligible to receive at least some basic retirement benefits. I do not condone his actions. I am simply hoping that you understand the context of MSG Hatley’s actions and his motivations. I have been an Active Duty Chaplain since 2003. I received Active Duty orders for Hoenfels, Germany in July 2003 and served as the asssistant BSB Chaplain for 6 months. In January 2004 I received orders for Schweinfurt and was assigned to the 1-18 Infantry. I remained with the 1-18 through December 2007 until a PCS move to the Chaplain Advanced Course in Fort Jackson, S.C. In June 2008 I was assigned to the 4/160th SOAR (A) and currently serve as their battalion chaplain. Many will tell you that MSG Hatley is the best leader they have ever seen and ask for clemency on the basis of his previous performance, generosity and love for soldiers.

It is true that I have never seen anyone equal John Hatley’s ability to rally his soldiers at critical moments over and over again. I have only see one other leader (COL Jeff Sinclair) be able to build and maintain the dignity of individual soldiers regardless of rank. My combat experience is limited to 28 months in various theaters, but I can say with confidence that few have led in conditions as demanding as MSG Hatley’s during the Spring of 2007 and none took on a sense of ownership and responsibility for his men and the mission like he did. Although MSG Hatley’s abilities are exceptional, I am asking that you take a few moments to consider MSG Hatley as an average man who faltered under the emotions that came with his responsibilities and situation. Premeditated murder is a crime regardless of the circumstances and must be punished for the good order and discipline of our organization and for the sake of justice itself. However, I’m hoping you can understand that the ‘premeditation’ of MSG Hatley’s action was ultimately not motivated by revenge or self preservation, it was due to the profound love he had for his soldiers and compassion for innocent civilians.

I understand that he will be punished for his crime, but I’m writing with a sincere hope you understand that men such as John, who love passionately, can lose perspective and therefore show him a measure of mercy, not because he deserves it, but because he needs it. I am aware that I am asking for something that John did not extend to those four men. Yet, I feel compelled to ask, because our system of justice is not founded soley upon the belief that ‘one should get what he deserves’ but also includes a simple hope we utter without thinking, “Lord, have mercy”. About 3 weeks ago, I received a phone call at 0430 from Mrs. Barbara Deleon. She was crying and finally stated, “I heard those boys are in trouble and did what they did, because of what happened to (my son) Kawika, I feel so bad…etc..” I responded, “Ma’am, please don’t take it that way. Please understand it’s not that simple. You need to know that they loved your son. We all did. He was a good man.” I’m not sure I said the best things to Mrs. Deleon, but I know that I spoke truthfully and just as many others have described MSG Hatley’s love for his soldiers, I wish to do the same.

After SSG Soto and SPC Guerrero were killed (on separate occasions), John took it upon himself to communicate to his soldiers over and over again that they had not made any mistakes or done anything wrong. He tried to make sure that those close to SSG Soto & SPC Guerrero were cared for by another Battle Buddy. He spoke about how he looked at SSG Soto as a son and understood how they felt, but they would stick together and make it. All of this happened after the Memorial Ceremonies, something rarely done by other leaders. Yet, it is one example of how much he empathized with soldiers who were hurting. He assisted other units and helped them collect their dead. In one instance, MSG Hatley came across a unit that had been hit and pulled back leaving a badly damaged truck and a soldier who had been killed and he led the way to provide assistance. I personally saw him provide care to members of the 1-28 IN after they suffered losses. There was never a problem that he didn’t attempt to handle if someone could be helped.

The day Lucas Starcevich was killed by an EFP, I went into the morge with CSM Choudhri. We returned to FOB Falcon only to hear that SPC Taylor and SGT Kawika Deleon had been shot by a sniper. Kawika had been killed. We went back to the morgue. Then we went to C.Co. where I notified SPC McMackin, Kawika’s cousin, and took him back to the morgue where he could say his final goodbye, offered prayers and speak to the guys in A.Co. I will never forget the devestation etched in 1SG Hatley’s face. The night of the shooting, it is reported that he asked some on that patrol if any were willing to “help take care of the situation”. Tragically, two stepped forward. However, the very fact that he asked that question is remarkable, because it reveals to me that he was in desperate need of help personally and professionally. I believe his question indicates that he was completely drained of emotions and losing hope, since he never allowed anyone to endanger themselves, physically or legally, whether in garrison or in combat. As a Chaplain, my job is to love the guys unconditionally, yet I knew after working with MSG Hatley, that I could not love them as he did. He gave his soldiers his time, talent, friendship and at times, his own money. It was because of this that I trusted him so completely and never had the “revenge talk” that I had with others. I knew that he loved his soldiers like no one else in our Battalion, but I couldn’t have guessed that his love for them would drive him to that action. Yet, he has been a man of war through various conflicts and understands the threat of enemy combatants. Other friends of mine (officers) have acted out their loss of hope and broken dreams through fights, shop lifting and alchohol abuse or they left the Army with hopes of leaving the problems. John’s love drove him to deal with the tactical source of the problem. Remarkably, if MSG Hatley wasn’t so talented I don’t think he would be in this situation.

During the Spring of 2007, the overwhelming desire for us was to get to the root of the problem, which at times looked impossible. 2nd Platoon A.Co. and Headquarters were relentless in their patrols in order to stay ahead of the violence and MSG Hatley was the engine that kept pushing forward. The more we as a Battalion pushed forward to solve the problems, the more complex they appeared to be. Trying to distinguish the enemy from the civilians and tribe from tribe was only scratching the surface. To complicate matters, frustration towards the Iraqis and even anger developed, especially when we were laughed at in the streets after deadly IED explosions…. Many of those in various levels of leadership were unsure of what to do, some were reaching exhaustion and simply out of ideas. MSG Hatley was one of the few who tirelessly worked to solve the problems.

I remember he worked for days trying to find a sniper in one of the neighborhoods that had shot and killed at least three Iraqi females. It i s known he was successful in finding the sniper or the one who killed a 14 year old boy he tried to save. But, he constantly tried and it is no surprise to me that he happened to be the only one in our Battalion who managed to find this group with sniper equipment. I believe this was possible because he was willing to work with the Iraqis and get to know them, which I believe has some bearing on the current case.

One of the reasons problem solving was so hard was because during the Spring of 2007 we received very little credible intelligence from local Iraqi citizens who were fearful for their own lives. On the night the detainees were shot, it is my understanding that an Iraqi was willing to step forward and point out where the dangerous men were in his neighborhood. Quite remarkable considering he was risking his life. The delimma of those individuals potentially making it back onto the streets then becomes complicated. I understand that it isn’t easy to look back 2 years after the fact and make sense of what MSG Hatley did, nor do I condone it, but my point is that MSG Hatley was faced with competing emotions and realities. If the detainees were released by the detention center, others would die or be hurt. Perhaps you have read 1SG Todd Carlsrud’s letter that he sent to you? The detainees who were released as “upstanding citizens” from C.Co’s sector, began their attacks again and succeeded in blowing the legs off of a Lieutenant Colonel. This is exactly what MSG Hatley could not bear to see happen any longer and was desperately trying to avoid. Even though John had lost confidence in the detainee system during the moments when the detainees were shot, it is important to understand that this was not a categorical rejection of our Army values or system.

During a raid conducted towards the end of the Summer, an insurgent tried to shoot SFC Wnuck in the back of the head. Thankfully, SFC Wnuck heard the click of the pistol and reacted only allowing the bullet to cut across the fingers of his hand. As I understand ROE, the soldiers would have been justified killing that insurgent in self defense, but since it was at the close of a raid, he was restrained, the weapon removed and he was detained. MSG Hatley was the primary mover in that situation which ensured that the insurgent would be spared for the legal system. I think this event demonstrates that MSG Hatley in spite of clouded judgement earlier in the deployment, did not maintain a cavalier attitude towards the Iraqis, but had regard for the lives of Iraqis and the legal process in place. Finally, in a conversation with me late in the deployment, he revealed that he had been in a lot of contact with the enemy over the course of his career. He was tired, not proud. It was a notable conversation to me, because it signified that he needed a change and twice he turned down the Command Sergeant’s Major Academy.

It is my prayer that this letter will bring a measure of understanding to a man who has been the source of hope for many even when he himself had lost hope. But even without hope, he never lost love for his men or anyone else. There are those among us who love so passionately that they take too much responsibility upon themselves, all in an effort to do what they believe is best for others. I believe John Hatley is one of those men. Everyone who has served with MSG Hatley recognized him to be the model of self sacrifice. He was the first in and the last out in raids and handled anything potentially suspicious and explosives so his men wouldn’t have to. He will not fail to give of himself to any who need him.

Sir, please understand that I’m not asking for an exception to policy , but only the application of any mercy you are able to give to John and his family. It will be mercy well appreciated and multiplied throughout his life to others. Thank you for reading the letters sent to you.

If I may be of assistance, please contact me: XXXX

Sincerely,

Seth H. George CPT,

U.S. Army Battalion Chaplain

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Ladies and Gentlemen,

Below is a copy of a letter that SFC Joshua Noble wrote for John’s website for all to see. I asked him if he would consider writing about his experience so that those who are curious may be given a “window of perspective”. SFC Noble is one of the very first A. Company 1-18 soldiers to have been able to make a visit to see John, who was previously SFC Noble’s First Sergeant. _____________________________________________________________________________ December 13, 2009

My name is Joshua Noble. I am a SFC in the U.S. Army Infantry. I was assigned to 1SG Hatley’s Company in Germany in 2005, as a SSG. I recently have been assigned to Fort Riley, KS which has provided me the opportunity to visit with 1SG Hatley. I wanted to provide this information to others who may be thinking of visiting. Prior to the visit I sent my name to Kim, his wife, which was necessary to have my name generated on a visitors list. This is necessary so that a background check can be made on the person who is the visitor. After a few days I was able to provide dates which I would be able to make the trip. Sunday, for me, seems to be the best time, as hours for visitors are 1pm to 4pm.

Fort Leavenworth borders Kansa City to the north west, so finding the Fort was not a problem. At the gate I asked the guard where the DB (Detention Barracks) was. He provided some directions as well as the standard brown Army signs along the route, those signs list the DB as ‘USDB’. I drove past an older prison which threw off my navigation for a few minutes, because I thought it might be the place. (It’s actually the very old, original prison which had been nicknamed, “The Castle”.) Just keep following the posted signs and you will arrive there in no time. Once inside a small sign read “Visitors upstairs”.

The guards were very professional and though my scheduled meeting was not on their log, they could see I was on the authorized visitors list. After providing two forms of ID and going through a short but thorough security check I was inside to meet John. The room was clean and provided soda and snack machines, which you can purchase items for him and yourself. 1SG Hatley met me with a big smile and a “bro hug”. He looked extremely fit and healthy. Prior to actually meeting with him I was a bit nervous about the ordeal. What if I ran out of dialog? Would it be awkward, I thought to myself. My fears could not have been further from the truth. We talked about a great many things over the 3 hour visit and it didn’t even “feel” like a prison. (Well, at least not what I had seen of them on TV and in movies.) A warning over the intercom announced 15 minutes and then again at 5 minutes as the end of the visitation approached.

The only thing I didn’t expect to feel happened once I got back to my locker, which is provided to store keys and phones, and into my car. A surreal feeling swept over me as I couldn’t help but think that John would be staying and I was leaving. It felt as though he should be driving away too and we would see each other another day in a different place.

If you have the means, I would strongly encourage anyone to make a visit. If you choose, you can bring your families along as well. If you have any questions please feel free to contact me or Kim Hatley.

SFC Joshua Noble: lesleyannsimmons@yahoo.com

Mrs. Kim Hatley: kimcheepink@yahoo.com

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Ladies and Gentlemen,

Below is a clemency letter written by First Sergeant Todd Carlsrud for John’s inital clemency after John’s trial ended.

 An excerpt is posted on the home page of this website.

Dear Sir,

I am writing on behalf of MSG John Hatley, in the hopes that you grant him clemency. John is a peer, mentor, and friend. In writing this letter I hope to shed some light on John’s character, beliefs, and the code he lived by as a soldier and leader. I do not condone his actions but I do understand how and why this event happened during the day in question. Leaders in the Army make the statement that they care more about their soldiers than themselves, but John lived by that code on a daily basis. John is the type of man who would make the ultimate sacrifice for any one of his soldiers. John risked his life countless times to protect his soldiers without regard for his own personal safety or life. I have followed John into battle along with numerous other soldiers and would proudly follow him again. John cared for each and every soldier in his company more than he cared for himself. MSG Hatley and I have been together for sixteen years. We first met in Ft Hood, Texas in 1992 as squad leaders in 1-5 Cav. He was in Alpha Company and I was in Bravo Company. With both companies side by side we grew to know each other rather well. During that time, I learned of John’s drive to better himself and his soldiers. An example of this was when John attempted to be an Audie Murphy board member making it all the way to the Division board, to be told that he was not yet ready. John was upset because he felt like he had failed himself, his men, and his unit. John soon picked himself up and after three additional attempts, he finally passed the Corps Audie Murphy board. John completed Ranger school in 1997 and Master Gunner School in 1998. John felt that if he was going to become a Platoon Sergeant, he needed to be proficient in all aspects of being an Infantryman. John completed the Army’s most renowned schools to better himself and more importantly the men he would lead into combat.

In October 2001, I was stationed with John once again in 1-18 Infantry Battalion in Schweinfurt, Germany. John was a Platoon Sergeant in Bravo Company and I was a Squad leader in Alpha Company. I had an upcoming SFC promotion board and I was trying to get a senior NCO to assist me with the preparation of my promotion packet. SFC Hatley approached me and asked me what issues I was having with my promotion packet. I explained to John that I had several questions about my promotion packet and couldn’t find a senior NCO to assist me. John told me to give him my promotion packet and come to his office the next day. When I arrived, he had reviewed my promotion packet and highlighted the areas that I needed to fix. John went above and beyond to assist me with my promotion packet to ensure I passed the SFC promotion board, which allowed me to be assigned as 2nd Platoon Sergeant in Alpha Company. Senior Noncommissioned Officers in the Army, like John, were instrumental in developing my military career as well as my leadership qualities. In May of 2004, MSG Hatley moved to Alpha Company, 1-18 Infantry Battalion leaving the Division Master Gunner position and took over as 1SG.

The moment John took over the company, morale and motivation increased dramatically. As a former soldier who served in 1SG Hatley’s company, myself and many others wanted to be a better soldier because of John. 1SG Hatley turned Alpha Company into the best company in 1-18 Infantry Battalion. 1SG Hatley lived by a code that stated if you led from the front, soldiers would follow. I personally patrolled with John on numerous occasions and he was always the first man into battle and the last man out. When a raid had to be conducted and the threat was high, John was there leading the assault team into the building.

On one occasion in Baghdad, a soldier found a suspected vehicle filled with explosives. John told the soldier to move away as he and I cleared the vehicle. The vehicle was in fact filled with explosives and RPG’s, but in John’s mind all he cared about was protecting his men. John thought of his soldiers as sons and brothers. John understood the fact that soldiers sometimes get hurt or killed in battle. John would take the responsibility upon himself to take care of the dangerous situations to better protect his soldiers. In Jan 2007, John again came to my aid. I was a SFC and I was hoping to get a job as an Infantry company First Sergeant. I was getting a little disgruntled with my job on staff and badly wanted to go back to a line company. John understood my frustrations and felt that I deserved to be a company First Sergeant of a line company. John approached the Battalion Command Sergeant Major on numerous occasions trying to help me obtain a First Sergeant position. John told the CSM that he already had three years of First Sergeant time and would be willing to pass me his company, if that is what it took to give me an opportunity.

With John’s help, on 12 January 2007, I was given a First Sergeant position in Charlie Company where I continue to serve today. With the new job came many questions but John made it easy. John’s door was always open to give advice and encouragement. John bent over backwards to ensure my success, again putting others before himself. It is my personal belief that I understand, more than others in the Army, why John felt like he had to do what he did that day. I enlisted into the Army in July 1986 as an Infantryman. I have seen combat operations in Operation Desert Storm/Shield; two Intrinsic Actions rotations in Kuwait; Kosovo; Operation Iraq Freedom; OIF 2 in Tikrit, OIF 06-08 in Baghdad, Iraq, and now presently serving OIF 08-10 at Fob Endeavor, an Najaf, Iraq.

Life as a First Sergeant was challenging in Baghdad during OIF 06-08, although I had seen combat before, nothing can compare to the combat we experienced in Baghdad. It was guaranteed that within minutes of driving out the gate of FOB Falcon into Southern Baghdad, you would be engaged either by small arms fire (SAF), Improvised Explosive Devices (IED), or Explosively Formed Projectiles (EFP). Southern Baghdad was a sectarian battle zone, which meant you were guaranteed to find dead bodies from the previous night. Some days, I had found up to ten bodies in a single patrol. Some of the corpses were tortured and mutilated in unspeakable ways. The bodies were left in piles of trash, floating in canals, or simply left in the middle of the street, often times with dogs chewing on them. We were required to always stop, secure the area, and police up the bodies into big blue colored body bags that looked like hefty trash bags. There was daily interaction with death in Southern Baghdad.

After securing a body you had two choices to make. First, you could wait on the Iraqi Police to come, which could take hours, which meant you would be receiving RPG and small arms fire throughout the process. Second, you could load the bloated, putrid body into your vehicle and take it to the nearest Iraqi Police checkpoint. The Iraqis changed their tactics and started rigging the bodies with explosives or emplaced an IED nearby to hit us as we got out picking up the bodies. After six months of policing up bodies and being attacked, we turned over the responsibility to the Iraqi Police. The police didn’t seem to care about the bodies. On one occasion, they left a body lying on the street for three weeks. The Iraqi Police drove by the body every day and never picked it up to take it to the morgue. My soldiers asked me how a human being could do that to another and behave like animals. To this day, I still do not know how to answer that question.

Almost nightly in Baghdad we conducted raids to arrest murders, IED cells, and snipers with an extremely high rate of success. We would spend weeks building target packets on these individuals, some with multiple eyewitness statements. Task Force 1-18 arrested 837 detainees during OIF 06-08. After the raid, the patrol would secure the detainees and all evidence, and transport the detainees to the DHAA. Once at the DHAA, the frustrations began.

 The DHAA would not initially take detainees, during the Surge. The detention facilities did not have a fraction of the capacity to hold the higher amounts of detainees that resulted from the Surge. Our battalion would have to assist by fighting the bureaucracy to get the detainees into the DHAA. Beyond the target packages that were with the detainees, the DHAA would require writing more sworn statements on how each individual was detained no matter if you turned in one detainee or twenty. In total, you would spend three to six hours on a raid and then eight hours at the DHAA. Two to three days after detainment the DHAA would call saying that they had lost evidence, the unit had not turned in evidence or the Interrogator had spoken with the suspect and found him to be a good upstanding Iraqi citizen. In these instances, Battalion would fight with the DHAA to hold these detainees with the signed DHAA evidence forms and the chain of custody paperwork. The Battalion would resubmit all the paperwork multiple times to keep the detainees in custody. However, when the DHAA said the detainees had to be released, the DHAA would notify the unit to release the detainee. The detaining unit was required to go out on patrol to pick the detainee up and return him to his home. I detained sixteen individuals in connection with an IED cell attacking logistical patrols on Route Jackson in Southern Baghdad. During the two weeks that the sixteen detainees were being held, all IEDS on Route Jackson stopped. The DHAA interrogators called Battalion and said all sixteen detainees were “upstanding citizens of the community” and were released.

Three days after their release, an FA Battalion Commander lost both of his legs to an IED on Route Jackson, the same area where the sixteen detainees operated. This was a daily fight in Southern Baghdad. How do you fight the situation of getting shot and blown up on a daily basis and then be forced to release the man who killed one of your soldiers?

You try to do the right thing and arrest the individuals responsible for these attacks, knowing they will kill another soldier tomorrow. How do you combat that threat?

On 6 August 2007, SPC Christopher Neiberger my gunner, soldier, and friend was killed by a seven array EFP. We had been out that morning trying to assist the Iraqi people with an issue at a gas station. Insurgents were using the gas station to extort money and kidnap Sunni Iraqis. As we left the gas station, our payback for trying to help them fix their problem, was an EFP on the side of the road. The insurgents were assisted by the Iraqi Police in the attack. As we moved a few hundred meters from the gas station my vehicle was hit, my medic was wounded, and Chris was killed. The EFP slug pierced the turret of the vehicle, killing him instantly. Chris fell onto my soldier with his brain fluid running down on me. All I could think about was how the same people we helped every day could kill my soldiers. Later, my thoughts changed and I wondered what I would do if I caught the people responsible for the attack. Would I kill them to avenge my soldier’s or death or would I arrest him and take him to the DHAA, where he would most likely be released. I never caught the people responsible for the attack, so I guess I will never know.

Upon returning to Germany, the Battalion invited the families who lost sons and husbands to help build a bond and assist the soldiers’ families with finding closure for their losses. Through various contributions, we raised enough money to have each family flown over for the events. Some of the families were poor and did not have enough money for hotel rooms and other personal expenses. Once again, John stepped forward to help the families of the fallen soldiers. John provided each family with several hundred dollars and daily transportation out of his own pocket, to ensure the families were cared for. On two occasions, John and I buried soldiers on the same day.

We stood side by side in the small base chapel on FOB Falcon, Iraq. We took turns conducting the final roll calls for our fallen soldiers. I remember John telling me, “all you can do is be with your soldiers, protect them as much as possible, be their leader, friend, and continue to soldier on because that is what we do.” In the end, John and I buried eight soldiers each during OIF 06-08, a total of 23 were killed within the Battalion, more than 150 were wounded and some still carrying shrapnel with them today. Task Force 1-18 soldiers were killed and wounded daily during the OIF 06-08 deployment in Baghdad. When I received the e-mail requesting I come back for the trial, I thought to myself, how can I do this while I am in the middle of moving 164 men across Iraq and establishing a new FOB outside of Najaf. Afterwards, I realized that I had to come back for the trial. I owed it to John for all of the help and support he had given me over the years. I know John would have come back for me if I needed him.

 As I traveled back, I found one general theme; People were in shock that an American soldier could kill someone. I realized at that moment that most soldiers were not in combat arms. I realized that no one could possibly understand how that could happen unless they were there and experienced what John and I had experienced. In 22 years, I have learned that there is a completely different mindset between Infantryman and other occupations within the Army. While other soldiers move away from a fire fight, Infantrymen move towards the fight in order to close with and destroy the enemy. I mention this because during John’s trial I noticed that the majority of the jury was made up of John’s peers who shared the same rank but not peers who shared the combat experience.

Sir, I could go on and on about John’s accomplishments or the accomplishments he helped other soldiers receive. I only ask that you consider what experiences John went through last deployment while making your decision on sentencing John Hatley. It is my understanding that murder is used to benefit a person in an individual way. John’s character as a man, soldier, and leader would never allow him to benefit in an individual way.

What John did that day was not for self benefit or out of fear for his own life; it was for the love he had for his men. When we returned from Baghdad, all John wanted to do was retire, return to East Texas and become a physician’s assistant. Again, John wanted to help others because that is what John Hatley does.

Thank you sir for your consideration of this letter. If you may have any further questions of me are assistance from me, I can be contacted at todd.carlsrud@us.army.mil or DSN xxx-xxx-xxxx.

Sincerely,

Todd A. Carlsrud 1SG,

USA

 C Co 1-2 IN

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Ladies and Gentlemen,

Below is a clemency letter written by SPC Justin LaManna on behalf of his First Sergeant, John Hatley, submitted as well, after John’s trial for his initial clemency.

Brigadier General Hogg,

I have previously written you in regards to Sgt Micheal Leahy’s conviction and sentencing. This letter will be directed towards the sentencing of 1SG John Hatley in his recent murder conviction.

I am currently serving a second tour, now in Dyala, so you will have to excuse the lack of signature. With the over abundance of letters being sent to you concerning these sentences I realize you may not have read my last letter with much attention. If not, I encourage you to do so and I will try to summarize the key factors of our disposition in this letter.

I was the driver of the Bradley that led our patrol to the alleged execution of the four militants we had detained earlier that day. I feel that my role in the events should be reason enough for you to pay particular attention to my letters but I would like you to also understand that as brothers in arms the members of the Wolfpack knew each other considerably well. I had the privilege of working alongside this outstanding leader and he has given me the skills and mindset a soldier needs to remain combat effective in even the most unfortunate circumstances.

I can attest to 1SG Hatley’s character just by writing a few short paragraphs about my time serving with him but I would first like to refresh some of the most important aspects of this case and my previous letter.

1.) The men that were killed were enemy combatants, not innocent civilians. ∙ Our patrol was engaged with small arms fire from the west side of a street in Shurta by a group of combatants that were positively identified by numerous members of our patrol including my Bradley Commander Sgt Evoy and his gunner Cpl Hupp. ∙ The identified enemy combatants were detained outside of a building one street to the west from where we were engaged. ∙ The building they were detained at was the site of a cache of weapons that included AK47s and sniper rifles with ammunition – both weapons were commonly used in attacks on coalition forces in our area.

2.) The rules of engagement and guidelines on detainee treatment were and still are in need of adjustment to allow our soldiers the necessary means to combat an insurgency. ∙ Insurgents typically hide behind our justice system. Our laws are our strength in our peaceful nation but continue to be our weakness while fighting in a war torn nation against guerrillas who not only disregard our laws but educate themselves on how to get around them. ∙ The rules of engagement currently in place are meant for conventional warfare. In our nation’s recent military history there has become a marked separation between conventional and guerilla warfare. The Global War on Terrorism is a counterinsurgency and should be treated as such. ∙ The Detainee Holding Area was letting insurgents free due to a lack of evidence. Even positive tests for explosive along with weapons found within the vicinity of combatants were not enough to hold detainees when they were not physically caught in the act. This means that the same men were constantly in question and bettering their evasion and engagement techniques. The men that were shot that night fell into this category. It is just as important to understand the reasons why our fellow soldiers chose to take these enemy combatants out of the fight as it is to understand the characters of the men who chose to do it.

I believe that when the public understands the thought process that led to this decision they will also understand that the lives taken that night were not taken in any way that should render a punishment to a soldier in a time of war. At first glance, 1SG Hatley seemed to be rather rough until you got to know or work for him. In very little time, one could recognize his open mind and strong heart. He always made sure that the men of his company were accepted by one another regardless of beliefs or hobbies. He required his men to do the job given to them beyond expectations and to be strong enough (physically, mentally, and emotionally) to stand up for what they believed in. It did not matter how socially awkward some of us were or that one or two of us never learned to throw a baseball. He did not hold grudges based on previous administrative action that soldiers may have had on them. If a soldier worked hard for him and stayed true to his brothers while he was in 1SG Hatley’s formation then that soldier had a place under 1SG Hatley’s care and the care of every soldier who was in his company.

There was no question about whose company I wanted to be a part of during my time with the 1st battalion 18thinfantry regiment. The Wolfpack had a knack for creating an outstanding performance when given little to work with. We were also well known for following the “work hard, play harder” rule and easily laughed away the stress of rigorous training and long days spent in combat. The source of many of our stress release techniques, whether it was a game of football or just a few good jokes, was often times 1Sg Hatley. Even more importantly is the care that was given to you from his peers and superiors.

The men that 1SG Hatley followed seemed to have a deep respect for him. CSM Choudri once told me that although 1SG Hatley was one of his subordinates, he would often times adjust himself in ways that would mimic 1SG Hatley’s leadership. I think it is important to learn from and have the support of both those above your rank and those below. Equally, the same could be said about his peers.

Recently, a few of us have had a difficult time adjusting to new leadership and when the opportunity has arisen to change companies, “John’s boys” have been hot on the market. There are a couple 1SG’s that have said they would be glad to take one of “John’s boys”. The reach of 1SG Hatley and the Wolfpack’s care went much further then the soldiers of our battalion. Everyone in West Rashid knew who the men of the Wolfpack were, though they seldom saw our faces. As the main fighting force in a large and busy urban war, our time on the FOB was often times just long enough for a nap and a sandwich to go. But somehow, in between all the combat patrols – and sometimes even logistical movements – we found a way to help whoever needed it. Units called on us to lighten their guard schedule on our time off and so we did. Soft units needed our Bradleys and their crewmen to help even the fight against fast moving insurgents with mortars and RPG’s. In between patrols, we gave our assistance. New troops coming in with the famed “Surge” needed outposts to base their operations from. So we built and guarded them in between our regular patrols. We were a constant unofficial QRF for any patrol who detained more than three people and needed the Bradleys to help move them. We supported patrols when they were overwhelmed by complex attacks while traveling through our sector.

 If anything happened in our sector, 1Sg Hatley had his hands out to help and the Wolfpack came with him. It sometimes angered me that so much was required of us until I finally understood that 1Sg Hatley was not offering his help to please anybody. Nor was he trying to beef up his stats. He understood the responsibility of having the men that he helped form. We were capable of anything and ready for everything and that meant lending our hand to anybody who needed it. The Wolfpack followed him because we saw how true he was to everyone he came in contact with. We wanted to be warriors fighting for an overall good instead of soldiers fighting blindly. We followed him into battle because we chose to follow his strong heart. Even in the military, we are not forced to follow our superiors whole heartedly. When we do not agree with who is leading us we can hide from them. We can choose not to work as hard. We can pretend not to be intelligent enough to handle a task.

The Wolfpack was not made of soldiers who hid from 1Sg Hatley. It was made of soldiers who chose to give him their service. We all wanted to work for him because time after time he proved his honor, loyalty, integrity, competency, and proficiency. During his trial I was worried that he may be angry at me for the truth I was forced to tell. I should have known better. Even after some of my testimony was used by the prosecution, he has opened his heart to forgive me simply because he would rather one of his boys tell the truth. He displayed the tremendous amount of character within him by a wink and a handshake. While standing outside the courtroom during a recess from the opening arguments, he wanted to know how my mother and I were doing. In the military, good leaders are often marked by their ability to follow the influence and rules set by those above them. In life, great leaders are born with an instinctive knowledge of when to lead their followers through a necessary change of the normal. If we are good military leaders we will accept John’s conviction and sentence. We will let him live out his days in a prison because he clearly violated the rules that govern our Army. We can, however, choose to be great people and support John’s decision to do what the rules of conventional warfare do not let us do as soldiers in a conventional army. We can help change the rules to allow our soldiers the flexibility to adapt to our growing number of ruthless guerrilla enemies in the same way our patrol did that night. It is imperative that we learn to trust the strong minds and hearts of the warriors our great nation is generating.

Being a part of this whole situation has made me question the future of our nation. It is not easy to watch your brothers lose their lives in combat. It is even harder to watch your brothers lose their lives during their dwell time for taking necessary action to protect themselves during war.

Three of the best infantry soldiers to have ever pounded boots in this war are now the most decorated privates in the army. Having known these men personally, I trust that their decision was a necessary adjustment to the rules in place that have long needed adjustment. Who better to understand how to change the rules than those who have spent their adult lives following them? As I did in my last letter addressed to you for Leahy’s clemency, I urge you to have the highest amount of mercy on 1SG Hatley as your rank can allow. Although I am pleased that Leahy and Mayo will be given the chance for parole in 6 years, I am disappointed that their integrity is still in question. It is my understanding that there is yet another appeals process and I intend to be a part of it.

If you actually found the time to read my letters, I thank you for your time and I am elated that you found the court’s decision was in need of a balance of power. I can only hope that you do the same for John Hatley.

In Omnia Paratus

 Sincerely,

Spc Justin LaManna

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Ladies and Gentlemen,

The clemency letter below is also from another soldier of John’s, Corporal Mathew Tolios.

BG Hogg,

I am CPL Tolios, I am currently on my second deployment in support of OIF. I am writing to you today to do my part to ensure that these Heroes, 1SG John Hatley, and SFC Joseph Mayo, are looked at for who they really are, as leaders and men. I deployed to Baghdad, Iraq in support of Operation Iraqi Freedomin September of 2006 with A Co 1/18IN, 2BCT, 1 ID. Prior to deploying, I went through basic training then to my unit in Schweinfurt, DE in January 2006. All throughout my training as an Infantryman, we were trained to kill in combat. In cadences, the way we train, and even in the Soldiers Creed where it states “I stand ready to deploy, engage, and destroy the enemy of the United States of America in close combat.” In this investigation there were 4 men who were allegedly shot and killed, whether this act took place or not, these 4 men were terrorists, enemies of the United States who were known killers of American troops.

Whatever happened behind that Bradley Fighting Vehicle was intended for the safety of the soldiers all over Baghdad. The United States talks about the hearts and minds to win the war. They have not walked into combat as an Infantryman. The people who write the Rules of Engagement haven’t captured a High Value Target, whom they know killed their brother and bring him to jail, knowing he would be out on the streets three weeks later. I don’t know how much people expect from an Infantryman, a Warrior, a combat veteran who spends 15 months in Iraq.

I had only 2 major priorities while in combat, what I need to do to survive, and how I can keep my brothers in arms safe. We as Infantrymen are given the responsibility to take care of one another, protect each other with our lives. The nation gives us the license to kill. In the great nation which I fight for, men and women are given years to decide if someone’s life should be taken by the death sentence. On the battle field we have a split second to decide if we need to take a life. I was 19 years old and given that responsibility. War is ugly, it is unfortunate that our nation must be part of a war, but it is also necessary. I am comfortable with the acts in which I have committed in Iraq, and if my leaders did commit these acts, I trust it was to keep harm from their Soldiers.

Every time I go home on leave, to get away from war someone asks me the most disrespectful and inconsiderate question you can ask a veteran. “Have you killed anyone?” People don’t understand that it’s not easy to take a life, it’s not the “cool” thing about being an Infantryman. The only forgiveness I have ever sought, or will ever seek, for acts which I have committed in combat is Gods.

My country depended on me as well as many others to do what I do, and now we must defend ourselves on surviving war? The men being tried for these alleged acts are heroes, and got many Sons, Fathers, Husbands, Brothers and Friends home from combat, and know the Army is trying to discredit these heroes. I met SFC Mayo officially in April of 2006, when he became the Platoon Sergeant for 2nd Platoon. When he took over the platoon, he was on leave, but still came in so he could formally introduce himself and get to know his Soldiers. To me as a young Private, it automatically told me something about his dedication to those whom he works with. He has shown myself, as well as many others what we should strive to be as leaders. He demonstrated leadership through command and control while continually setting his soldiers up for success on and off the battlefield. SFC Mayo is more than just a Platoon Sergeant. He is a man who you could go to at any time of need for any type of situation. When I would seek guidance, I knew in my heart that I could go to him, regardless of the time, or situation. He and his wife went above and beyond to keep the Soldiers, as well as their families in the loop with minds at ease. We always knew that they were taking care of us, from letters to my Mother, which helped her through the toughness of having her son in combat, as well as having things ready for us upon re-deployment.

I met 1SG Hatley when I came to A Co. in January of 2006. It did not take long to know that he would take care of me as well as all the soldiers in his ranks. As a 1SG in an Infantry Company, you are the Father figure to all of your Soldiers, preparing them for anything that the future may bring and giving guidance to all whom are in need of it. I know that my Father would not only be honored and proud, but also be at ease knowing that 1SG Hatley was filling that role.

When my best friend, SGT Shawn Dressler died, 1SG came up to me and gave me a hug saying, “I’m sorry son.” I knew then that it wasn’t the way an older gentleman says son, but that he looked at us as we were his own children. In every aspect besides DNA, we are. 1SG John Hatley and SFC Joseph Mayo really are the men and Heroes that anyone would want to follow in combat, and the two men that every family member or friend should want their loved ones to stand behind. They are two of the greatest leaders I have served under. I strive to have the impact on my Soldiers as they did on me. They devoted their lives to the Army and their Soldiers. It was a privilege to stand in their ranks. Whatever comes from all of this, I would still follow them into combat at a moment’s notice.

I want to know when the Nation as a whole will start to care more about the hearts and minds of its own Soldiers. Sir, I ask you took look deeply into what I said and know that these men are heroes. I ask you also to allow them the life sentence which they gave me by taking me home after a vigorous 15 months in combat.

They issued me a life sentence of freedom with my family. These Heroes, leaders, men continue to bring Soldiers home from Iraq. Their 30 years of combined service, training and leading Soldiers has not ended, it carries on through every Soldier they have influenced. The Army is better for having had them as the leaders they were. I ask that you make a significant decrease in the sentences these men were given.

Please think about the amount of years these men have added to Soldiers lives by bringing them home from war. Thank you for the time you took to read this.

 “In Omnia Paratus”

– In all things prepared

CPL Matthew John Tolios

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Ladies and Gentlemen,

Below is another clemency letter on behalf of John Hatley, by another one of his soldiers, SFC (P)Martin Gutierrez…..

To Brigadier General David R. Hogg

23 April 2009

Sir First of all I would like to thank you for taking time out of your busy schedule to read my letter of clemency for 1SG John Hatley. My name is SFC (P) Martin Gutierrez. I first met John in OIF II when he assumed duties as the company 1SG for Alpha Company 1-18. I was serving as a Weapons Squad Leader in 1st Platoon and had heard of John prior to him taking over as 1SG and was not really sure what to expect. Make no mistake and leave no doubt that when John enters a room it’s much like the impression he leaves in a person’s life after meeting him. You will never forget that moment and what kind of person he is. I have had the privilege to serve along his side for two Combat Deployments both OIF II and OIF 06-08. I was the Platoon Sergeant for 1st Platoon Aco 1-18 during OIF 06-08.

I agree whole heartedly with 1SG Hatley’s statement “To have your honor and courage questioned by so many people that have never had theirs tested” is a tremendous burden to bear. During OIF II we stepped out and faced a very smart and determined enemy on a daily basis. You lived your life in fear every second that you were awake wondering if the last phone call home would be the last time you heard your loved ones voices. There are not words to describe how it felt or how it feels to live your life in fear. You find yourself doing strange things subconsciously like only using one hand to do things in the mind set of if I get an arm blown off tomorrow I all ready know how to manage with one.

We as leaders were given what at the time seemed an impossible mission. To bring peace and stability to a place that was full of hatred and evilness around every corner. The men of Alpha Company are some of the best America has to offer and I am privileged and honored to be able to write this letter to you today to hopefully shed some perspective on what those great Heroes went through. Alpha Company took an area previously assigned to a Brigade and with in months decreased hostile actions by at least 40%. Sir that is no small feat and was paid for in American Blood.

It is a life altering event when you have to pick up pieces of your own soldier and then gather your self seconds later in order to chase down a trigger man and face your soldiers and keep them in the fight long enough to make it back inside the wire. You build a bond during those tragic moments and it is stronger than anything any one could fathom. We all had our families back home, but out there amongst the enemy your family was to your left and right side by side with you. There is no doubt in any ones mind that when the bullets are flying your brother next to you would do what it took to ensure we took the fight back to the enemy no matter the cost. It is an experience that no one should have to bear, but there are few of us who do it gladly and with out hesitation so that our loved ones back home don’t have to. That is the caliber of soldiers 1SG Hatley led, mentored and inspired.

Any one can lead a soldier into combat but a true leader inspires his men to do the unimaginable with out hesitation. 1SG John Hatley was that leader and inspired me to be that kind of leader as well. Sir if you could imagine for a moment 125 degree temperatures, 65 to 85 pounds of equipment on your shoulders for hours on end walking the streets of volatile Baghdad clearing hundreds of houses, coming back off patrol after doing that for about six to eight hours, turning right back around and going out as a Quick Reaction Force because one of the other Platoons was in contact. Soldiers in Alpha Company did that day in and day out for 15 months with out question not because they had to or were ordered to, but because they were compelled to honor the fallen and be there for the living. I say that 1SG Hatley led because that is what he was. A consummate professional who led from the front no matter what the situation was. 1SG and I didn’t see eye to eye most of the time and I’m sure if you spend five minutes with him and asked him about me he would tell you that I was as hard headed and head strong as he. Although most outsiders that didn’t know us would think we hated each other it was quite the contrary. I respect him and look up to him as one of the best leaders I have had the privilege to work with and would follow him into the depths of hell and back if asked to.

I guess what I am trying to convey is that even though we may have had personality conflicts he never let that deter him from mentoring me and ensuring that my Platoon was taken care of to the best of his ability. That was the kind of person he was. On a personal note, during the deployment my wife was placed on bed rest due to pregnancy complications. At the time I was really unable to take emergency leave and did not currently have a family care plan in place to take care of my 5 year old son at the time. 1SG Hatley was willing to give up his R&R with his family just so that I could go home and take care of my family and get things set up and come back and still go on R&R when my daughter was due to be born. That is the caliber man that he is. The Phrase Selfless Service does not give justice to what 1SG did on a day to day basis for the Soldiers of Alpha Company. The list goes on and on I could fill these pages with numerous occasions of his dedication to help a fellow soldier stemming from letting a newly assigned soldier borrow his car until that soldiers car arrived to shelling out money from his own pocket to ensure a soldier could go home on leave or buy groceries for their family.

Sir after reading this letter of clemency I hope that this brings some insight to the kind of person John Hatley is and will all ways be no matter the outcome. I ask that you take this into consideration when you make your final decision. Again thank you for your time.

“People sleep peacefully at night only because brave men stand ready to do violence on their behalf” – George Orwell …

SFC (P) Gutierrez, Martin

TF 1-2 IN

BN Master Gunner

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