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Westlake Legal Group > Posts tagged "Dan Gallo"

Iraqi general testifies Navy SEAL Eddie Gallagher did not stab ISIS detainee

Westlake Legal Group AP19177591793243 Iraqi general testifies Navy SEAL Eddie Gallagher did not stab ISIS detainee Louis Casiano fox-news/us/military fox-news/tech/topics/us-navy fox news fnc/us fnc Dan Gallo article 7c06f50e-31d1-5d75-a8db-5f6b366dab88

The Iraqi general at the scene of an alleged murder of an Islamic State prisoner in Iraq in 2017 testified in a deposition video played in court Thursday that Navy SEAL Eddie Gallagher never stabbed the teenage detainee. The recording was made earlier this month.

Maj. Gen. Abbas al-Jubouri testified that he never saw Gallagher stab the detainee in the neck. Gallagher served alongside Abbas’ unit in an advise and assist capacity in Mosul.

“At any time did you see Chief Gallagher take out the knife while he was treating the ISIS fighter?” asked Maj. Nelson Candelario, one of Gallagher’s military lawyers.

PROSECUTOR, IN OPENING STATEMENT, SAYS GALLAGHER WAS ‘READY TO KILL

“No,” Abbas replied.

“You never saw him put the knife near the ISIS fighter’s neck?” “No,” he replied.

Abbas told the defense lawyer if had he witnessed improper conduct from SEALs, he would have taken action.

“I would have stepped in,” Abbas said.

“Had you seen Chief Gallagher do anything wrong…you would have reported it?” Candelario asked.

“Exactly,” Abbas replied. “I would have stopped him…I would be very upset.”

SNIPERS TESTIFY THAT NAVY SEAL EDWARD GALLAGHER SHOT YOUNG GIRL AND OLD MAN IN IRAQ

As commander of the Iraqi Emergency Response Division, Abbas said he was in the compound when the injured ISIS prisoner was brought in.

Exactly one week ago, a Navy SEAL testified that Abbas’ unit tortured, raped and murdered prisoners.

The SEAL, Special Operator 1st Class Corey Scott, said he killed the ISIS prisoner by putting his thumb over his breathing tube in order to save him from falling into the hands of Abbas’ unit.

“I knew he was going to die anyway,” Scott told defense attorney Timothy Parlatore. “I wanted to save him from what was going to happen next to him.”

Iraqi forces have been accused by human rights groups of abuses in the battle to oust ISIS from Mosul. Witnesses have said Iraqi soldiers beat unarmed boys and men and routinely abused enemy combatants.

Prosecutors said Scott never mentioned asphyxiation in the many conversations they had with him before trial. Scott — who was granted immunity in exchange for his testimony — said they never asked him the cause of death. He could face perjury charges, Navy officials said, if he is found to have been untruthful on the stand.

The government rested its case Tuesday after calling its last witness — a  computer specialist who testified that Gallagher had texted a photo to a comrade in which he clutched the hair of the dead captive in one hand and a knife in the other.

Gallagher’s superior, Master Chief Petty Officer Brian Alazzawi, also testified Tuesday that some members of Gallagher’s platoon were upset despite the praise they received for their 2017 tour in Iraq.

He said Special Operator First Class Craig Miller told him in October that Gallagher stabbed a prisoner while deployed. Miller said he shared the information because Gallagher was being promoted and had been nominated for the Silver Star.

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Alazzawi said he reported the alleged war crime, but it never went up to the chain of command until 2018.  Gallagher is also accused of shooting two civilians — an elderly man and a school-age girl — from sniper perches in Iraq in 2017.

The seven-man jury is made up of mostly combat veterans in Afghanistan and Iraq.

The Associated Press contributed to this report. 

Westlake Legal Group AP19177591793243 Iraqi general testifies Navy SEAL Eddie Gallagher did not stab ISIS detainee Louis Casiano fox-news/us/military fox-news/tech/topics/us-navy fox news fnc/us fnc Dan Gallo article 7c06f50e-31d1-5d75-a8db-5f6b366dab88  Westlake Legal Group AP19177591793243 Iraqi general testifies Navy SEAL Eddie Gallagher did not stab ISIS detainee Louis Casiano fox-news/us/military fox-news/tech/topics/us-navy fox news fnc/us fnc Dan Gallo article 7c06f50e-31d1-5d75-a8db-5f6b366dab88

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Prosecution in Eddie Gallagher trial rests case, SEAL’s defense blasts investigator

Westlake Legal Group 694940094001_6051113505001_6051114060001-vs Prosecution in Eddie Gallagher trial rests case, SEAL’s defense blasts investigator fox-news/us/military/navy fox-news/us/military/military-trials fox news fnc/us fnc f7baff42-ad65-5024-9fc6-da4237a9982e Dan Gallo article

The prosecution in the court-martial of Navy SEAL Eddie Gallagher rested its case Tuesday, ending six days of testimony in which SEALs accused one of their own of stabbing to death an ISIS prisoner in Iraq in 2017.

Gallagher is charged with premeditated murder.

In a trial that has frayed the reputation of the SEAL community, the Navy’s lead investigator took the witness stand for cross-examination and was accused of vindictiveness, incompetence and a rush to judgment.

Marc Mukasey, one of Gallagher’s lawyers, accused Special Agent Joseph Warpinski of misconduct, which he said began as soon as the Naval Criminal Investigative Service began its investigation in 2018.

Mukasey accused the investigator of engaging in improper practices, alleging he lied to witnesses about the anonymity of their initial testimony.

“You let him believe he would be a confidential source,” Mukasey said of an interview with Navy Seal Chief Craig Miller, the first witness interviewed by Warpinski. Miller testified last week he saw Gallagher stab the detainee.

“You told him his name would be protected,” he said. “You told him this so he could go to town on Eddie Gallagher…because nobody would ever find out.”

Raising his voice throughout questioning, Mukasey accused Warpinski of drafting SEALs “to get on the ‘Screw Eddie Gallagher Train.’”

“Jump on the train, come on aboard,” Mukasey jousted.

He said the investigator sided with SEALs who testified against Gallagher during NCIS interviews. Warpinski denied that, until Mukasey showed him an interview transcript.

“Did you or did you not tell Chief Miller you already had your take on the investigation on the first day?” Mukasey asked.

“I stand corrected,” Warpinski replied.

“You didn’t know what Chief Miller did in Iraq, what his agenda was,” Mukasey said. “You had no idea whether he was trying to frame Eddie Gallagher or not.”

Mukasey cited another interview in which Warpinski told a SEAL the case was “black and white.”

“It was just an expression,” Warpisnki said. “I was trying to build a rapport with him.”

The defense attorney also blasted Warpinski for encouraging witnesses to talk to each other during the investigation.

“Did you take everything you learned at the Federal Law Enforcement Academy and throw it in the garbage?” Mukasey charged. He later accused the investigator of getting too friendly with SEALs.

“You’re not supposed to be the witness’ pal,” Mukasey said. “You’re supposed to be an independent, unbiased fact finder.”

While Warpinski defended the integrity of his investigation, he admitted to some bad practices in the case. “Sure, I made mistakes,” he said.

At the heart of the case is whether Gallagher committed a war crime, stabbing an ISIS prisoner to death. In bombshell testimony Thursday, Special Operator 1st Class Corey Scott testified he saw Gallagher stab the man, but said it was he who killed the prisoner by putting his finger over his breathing tube.

“You never asked Corey Scott for a cause of death, did you?” Mukasey asked. “I didn’t say it in those exact words,” Warpinski replied.

Scott testified under testimonial immunity, which prevents him from being prosecuted for murder.

The Navy prosecutor jumped on that point Tuesday, accusing Scott of never admitting to NCIS investigators that he murdered the prisoner, even in a post-immunity interview.

“At that point, did he tell you, ‘No, no, no, it was me who killed the ISIS detainee’?” the Navy prosecutor asked.

“No,” the investigator said, Scott did not ask to change his story, even though he was given an opportunity to make changes or corrections to his pre-immunity testimony.

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The defense will begins its case Wednesday morning. The trial is expected to last until next week, when a 7-man jury will deliberate on Gallagher’s fate. Only 5 of the 7 jurors are needed to convict Gallagher.

Westlake Legal Group 694940094001_6051113505001_6051114060001-vs Prosecution in Eddie Gallagher trial rests case, SEAL’s defense blasts investigator fox-news/us/military/navy fox-news/us/military/military-trials fox news fnc/us fnc f7baff42-ad65-5024-9fc6-da4237a9982e Dan Gallo article  Westlake Legal Group 694940094001_6051113505001_6051114060001-vs Prosecution in Eddie Gallagher trial rests case, SEAL’s defense blasts investigator fox-news/us/military/navy fox-news/us/military/military-trials fox news fnc/us fnc f7baff42-ad65-5024-9fc6-da4237a9982e Dan Gallo article

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Prosecution expert witness admits no evidence of stab wound in Navy SEAL war crimes trial

Westlake Legal Group 694940094001_6051160791001_6051147978001-vs Prosecution expert witness admits no evidence of stab wound in Navy SEAL war crimes trial fox-news/us/military/navy fox-news/us/military/military-trials fox news fnc/us fnc Dan Gallo article 4566239c-4463-5e82-bddb-9d7e6b4979bf

SAN DIEGO- An expert witness called by the prosecution in the court-martial trial of Navy SEAL Eddie Gallagher told the court Monday that there is no physical or photographic evidence to prove a stabbing occurred in the death of an ISIS prisoner back in 2017. 

Dr. Frank Sheridan, a forensic pathologist, told a Navy prosecutor earlier that the alleged victim’s injuries were consistent with a stab wound, but later– when questioned by Gallagher’s attorney– appeared to cast doubt on his earlier comments.

“There is no evidence at all that a stabbing occurred,” said Maj. Nelson Candelario, a Marine defense attorney representing Gallagher.

“That’s true,” Sheridan replied.

“As far as you can see, there is no blood on his hands?” Candelario asked, displaying a photo of Gallagher at the scene. “As far as I can see,” the pathologist said.

“Your testimony here is built on possibilities and maybes,” Candelario said, pointing out that there was no autopsy or physical evidence.

Gallagher’s trial has drawn national attention and even a response from President Trump.

Its most dramatic moment came last week when a SEAL Team Seven medic– testifying under an immunity agreement—  told the court that he held his “thumb over his TT tube” until the ISIS teen “quit breathing.” He earlier claimed that he saw Gallagher stab the boy in his neck.

Gallagher, 39,  served nine months in prison while he awaited trial in the fatal stabbing of the 15-year old ISIS fighter in Iraq. He has also been accused of shooting two civilians in the same year, and opening fire on crowds, all claims he has denied.

RETIRED ARMY CAPTAIN: THIS TRIAL IS A DISGRACE

Investigators allege that, while the teen was receiving medical treatment from SEAL medics, Gallagher walked up and stabbed him in his neck and side with a knife, killing him. Then, they say, he posed for photographs with the fighter’s body, holding his head in one hand and his blade in the other.

Those allegations have been called into question by top Iraqi military officials.

In a tense exchange later in the day, Gallagher’s lead defense attorney attacked an agent from the Naval Criminal Investigative Service for “dragging” Gallagher’s children—8 and 18 at the time— to the street during a raid of Gallagher’s home in 2018.

“They were taken out of the house in their underwear,” charged attorney Timothy Parlatore. “Yes, sir,” said NCIS Special Agent James Frank. The agent cited “standard protocol,” explaining that investigators clear a house before searching it.

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The trial resumes Tuesday with the lead NCIS investigator on the stand. Special Agent Joseph Warpinski oversaw the investigation into the alleged stabbing and has been accused of misconduct by defense attorneys.

“This is the guy who put his own career ambition ahead of his sworn duty as a law enforcement officer,” Parlatore told reporters after court on Friday. “He’s going to have to answer for a lot of the misdeeds that he has committed over this past two years.”

Westlake Legal Group 694940094001_6051160791001_6051147978001-vs Prosecution expert witness admits no evidence of stab wound in Navy SEAL war crimes trial fox-news/us/military/navy fox-news/us/military/military-trials fox news fnc/us fnc Dan Gallo article 4566239c-4463-5e82-bddb-9d7e6b4979bf  Westlake Legal Group 694940094001_6051160791001_6051147978001-vs Prosecution expert witness admits no evidence of stab wound in Navy SEAL war crimes trial fox-news/us/military/navy fox-news/us/military/military-trials fox news fnc/us fnc Dan Gallo article 4566239c-4463-5e82-bddb-9d7e6b4979bf

Real Estate, and Personal Injury Lawyers. Contact us at: https://westlakelegal.com 

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

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.

MEDIC TESTIFIES THAT HE, NOT NAVY SEAL EDDIE GALLAGHER, WAS RESPONSIBLE FOR ISIS FIGHTER’S DEATH

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 naval officer 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.

Westlake Legal Group Eddie-Gallagher Navy won't drop murder charges against SEAL Edward Gallagher despite bombshell testimony Vandana Rambaran fox-news/us/military/navy fox-news/us/crime fox-news/us fox-news/tech/topics/us-navy fox news fnc/us fnc Dan Gallo b5feb9e6-d865-581d-9d12-87ef2fdb788f article

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“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.

Westlake Legal Group 990505083001_6050564330001_6050560406001-vs Navy won't drop murder charges against SEAL Edward Gallagher despite bombshell testimony Vandana Rambaran fox-news/us/military/navy fox-news/us/crime fox-news/us fox-news/tech/topics/us-navy fox news fnc/us fnc Dan Gallo b5feb9e6-d865-581d-9d12-87ef2fdb788f article  Westlake Legal Group 990505083001_6050564330001_6050560406001-vs Navy won't drop murder charges against SEAL Edward Gallagher despite bombshell testimony Vandana Rambaran fox-news/us/military/navy fox-news/us/crime fox-news/us fox-news/tech/topics/us-navy fox news fnc/us fnc Dan Gallo b5feb9e6-d865-581d-9d12-87ef2fdb788f article

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