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GyBill
05-18-2007, 08:12
Conway: Too much said about MarSOC incident

By Kimberly Johnson - Staff writer
Posted : Thursday May 17, 2007 20:04:57 EDT

Army officers have gone too far by apologizing for the actions of special operations Marines after they were struck by a car bomb in Afghanistan, the Marine Corps’ top officer said Thursday.

“As has historically been the case, a service member under investigation or undergoing trial is innocent until proven guilty. And too much in terms of declaration of guilt and apologies has already been said,” Commandant Gen. James Conway told reporters at the Pentagon.

An Army colonel said 19 civilians were killed by Marines following the March 4 ambush of a Marine convoy in Afghanistan’s Nangarhar province.

The attack, under investigation by the Naval Criminal Investigative Service, involved 30 Marines in six vehicles. Lawyers for several members of the Marine special operations company maintain their clients responded to small-arms fire after the ambush.

Following the incident, however, all 120 Marines in the company were pulled out of Afghanistan, and the company commander and senior enlisted adviser were relieved and sent home, along with six other Marines from the company.

Last week, Army Col. John Nicholson, commander of the 10th Mountain Division’s 3rd Brigade Combat Team, apologized to family members of the victims for the incident, calling it a “terrible, terrible mistake,” and made condolence payments to Afghan families.

“We came here to help the Afghan people and the Afghan government, not to hurt you,” he told the families and reiterated to reporters. “So I stand before you today deeply, deeply ashamed, and terribly sorry, that Americans have killed and wounded innocent Afghan people.”

As a senior military official, Nicholson’s comments were out of line, Conway said.

“We have all made solatia payments,” he said, referring to the compensation payments made by commanders when U.S. troops are involved in the accidental death of a citizen. “But that solatia payment in no way prejudges guilt or innocence. It simply says, ‘We regret what happened, and we would like to compensate you for some of the expense you’ve probably already encountered.’

“Senior military officials don’t talk about those things while they’re under investigation or undergoing trial,” he added. “Too much has already been said because those things have not been adjudicated.”

However, Conway said Nicholson was right to make the condolence payments.

“I think he was premature to apologize in that there is an investigation going on to determine what happened. If the investigation should determine that there are charges that should be levied, then there will be a hearing, perhaps a court-martial,” Conway said.