Defend John Hatley

CASE DETAILS:

U.S. Army Master Sergeant John E. Hatley was sentenced (initially) to life in prison for the alleged killing of four unidentified insurgents.

The four men these Soldiers were convicted of murdering were never identified by name, nor were their bodies found.  There was also no ballistics or forensic evidence found to support the men were killed.

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John became the First Sergeant of A, 1-18 Infantry, 2BCT in June 2004 and remained the First Sergeant until January 2008.

(See Bio of John Hatley for list of awards, tours of duty and additional information.)

John led the company in 24 months during that time (OIF 2 from June 04-Feb 05, OIF 6-8 from Sept 06 – Nov 07). 

NOTE:  That this was a 15 month long deployment at one of the most violent time periods in Iraq.

During OIF 6-8, A, 1-18IN was responsible for an area previously patrolled by six companies. This area was made up of over 1 million Iraqi and was the second most violent sector of Baghdad at that time (pre-surge). It was the most violent area patrolled by 1-18IN. This sector (West Rasheed) experienced extreme sectarian violence.

 Attacks on American Soldiers were among the highest the war had seen, as well as attacks on fellow Iraqi’s.

Several Iraqi’s being detained by US Soldiers were subsequently released, only to be detained again after engaging Soldiers again. The reasons these Iraqi’s were originally released are many and complicated.

The frustration levels, stress levels and exhaustion of our Soldiers, especially A, 1-18IN was high pre-surge. Many Soldiers patrolled the streets of West Rasheed daily, coming under attack by small arms fire or IEDs each day. Most Soldiers averaged 4-6 hours of sleep each night.  First Sergeant Hatley averaged less.

John and two other soldiers (SGT Michael Leahy and SFC Joseph Mayo) were charged with murdering 4 Iraqi detainees on one of these missions at the end of March 2007. SGT Leahy and MSG John Hatley were found guilty of premeditated murder and conspiracy to commit murder, contrary to their pleas of Not Guilty to all charges. SFC Mayo pled, and was found, guilty of premeditated murder and conspiracy to commit murder.

The four men these Soldiers were convicted of murdering were never identified by name, nor were their bodies found. There was also no ballistics or forensic evidence found to support the men were killed.

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Please read the compelling excerpt (below) from the clemency letter that 1SG Todd Carlsrud wrote where he discusses the DHAA (Detainee Holding Area Annex) in length.  Note the frustration/complexity that soldiers experience with the DHAA.

-  “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?” 

- 1SG Todd Carlsrud

(To read entire letter by First Sergeant Carlsrud and other compelling accounts, see LETTERS FROM SOLDIERS  at header.)

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