1 charge dropped against accused SEALs

NORFOLK, Va. (WAVY) - Two of three Navy SEALs charged in connection with the alleged mistreatment of an Iraqi detainee had at least one of their charges dropped Tuesday in separate appearances in military courtrooms at Naval Station Norfolk.

Separate motion hearings were held for both Petty Officer 2nd Class Jonathan Elliott Keefe and Petty Officer 1st Class Julio Antonio Huertas Jr.

Tuesday, a judge dismissed a 'making a false statement' charge against Keefe.  The dismissal was expected following a ruling last month that investigators did not advise Keefe of his right to remain silent before he made his statement about not seeing anyone strike the detainee.

The 'making a false statement' charge was also dropped against Huertas, although a motion to dismiss an obstruction of justice charge was denied.

It was also disclosed in both hearings on Tuesday that travel plans have been finalized for both Keefe's and Huertas' trials to be conducted in Iraq later this month.  Keefe's military trial is set for April 19th, followed by Huertas' on April 22nd.

The charges against the SEALs involve the capture of Ahmed Hashim Abed.  Abed has been linked to the 2004 deaths of four Blackwater contractors who were mutilated before their bodies were hung from a bridge in Fallujah.

Petty Officer 2nd Class Matthew McCabe, of Perrysburg, Ohio, is accused of striking the detainee in the midsection, dereliction of duty for failing to safeguard the detainee, and lying to investigators following Abed's arrest in September of last year.  His trial is set for May 3rd at Naval Station Norfolk.

Petty Officer Keefe, of Yorktown, is charged with dereliction of duty. 

In addition to obstruction of justice, Petty Officer Huertas, of Blue Island, Ill., is also charged with dereliction of duty.

The SEALs have denied the charges. All three are based at Joint Expeditionary Base Little Creek - Fort Story.  Military officials originally wanted to handle the cases through a process known as "nonjudicial punishment," but the SEALs insisted on going to trial in an effort to clear their names and save their careers.

Keefe's attorney Greg McCormack told WAVY.COM on Tuesday, "I firmly feel he'll be found not guilty." McCormack says the case boils down to this, "are these insurgents trained to make allegations of abuse and torture when they're captured, and they clearly are, and that's our position."

As for the alleged detainee, McCormack says the government is hanging its case on his statements. "They're relying on that one individual and there's significant issues with what he's saying. I think the government's case is very weak."

Last month, a military judge ordered the command of several possible defense witnesses - who reportedly back the three SEALs' version of events - to provide witness immunity.

Previously the service members were denied immunity by their command.

Navy spokesman Lt. Arlo Abrahamson said depositions were taken Tuesday from several defense witnesses who had been granted immunity.

In January, a judge ordered the trials of Keefe and Huertas moved to Iraq.  Cmdr. Tierney Carlos moved the trials after government prosecutors said they would make the detainee available for deposition at Camp Victory in Baghdad but would not bring him to Naval Station Norfolk to testify. The judge ruled that Keefe and Huertas have a right to face their accuser in open court.