SEALs assault case goes to court

NORFOLK, Va. - "It's been very stressful," said Navy SEAL Mathew McCabe, 24, moments after his arraignment in military court at Naval Station Norfolk Monday on charges that he allegedly mistreated an Iraqi detainee.

The detainee is the suspected terrorist who allegedly masterminded the ambush and killing of four Blackwater contractors protecting a convoy in Fallujah in 2004.

McCabe, assigned to SEAL Team 10 in Norfolk, is accused of punching the detainee in the stomach and then lying to investigators about it.

"It was a very big shock," said SO2 McCabe of the moment he learned of the charges.

Two teammates of McCabe's are also facing charges. Julio Antonio Huertas Jr., 28, and Jonathan Elliott Keefe, 25, are both charged with failing to protect the detainee and making false statements to investigators.

WAVY.com asked McCabe if he ever punched or abused the suspected terrorist.  "No, I did not," he said.  "Nor did the two other guys I was with."

Early in the morning, before the SEALs' arraignments even began, a crowd of about 100 people formed outside the base to show their support for the accused men.  Some of them were from Hampton Roads and some of them drove hundreds of miles to stand by the accused SEALs.  And, just about every car that drove past the base honked in support.

"It's made me, and the other two guys, feel very good about the situation.   It's helping us get through everyday," said an overwhelmed McCabe.  "It makes us feel so much better knowing that we have so many people behind us, I just can't explain how much better I feel because of that."

McCabe's father was among the crowd.  "You send these kids into harms way, they don't know if their next step is going to be their last step. They go get one of the most high profile terrorists on the planet and for that they get a court martial," said Marty McCabe.  "Tears my heart out.  Last time I read the Constitution it was, 'We the people.'  It doesn't cover these clowns, you know these guys who climb out from under rocks and kill women and children."

The mother of slain Blackwater guard Jerry Zovko drove from Ohio to give each of the accused SEALs a blessed rosary and lend them her support.  "These young SEALs are in this situation because they caught the mastermind behind the death of my son, and not only my son and his co-workers but also the marines who went into Fallujah after their death," said Donna Zovko.  "I am very proud of these young SEALs and thankful to them. They did not do anything wrong."

Scott Taylor, a congressional candidate and former Navy SEAL, attended Monday's protest of the prosecution of the three SEALs.  Taylor, who spent more than eight years as a SEAL said, "The charges against these brave, honorable men are an atrocity."  He said the detainee they are accused of mistreating is "a terrorist who planned, killed, mutilated and hung burned bodies from a bridge in Fallujah, which caused an invasion into Fallujah, which gave us more American casualties and this guy has a bloody lip. He's lucky he's not dead."

Josh Irving, who flew in from Texas, set up a Facebook page organizing support for the SEALs.
"It just infuriated me what these guys are going up against," said Irving. "We are sending a world-wide message to terrorists that they can get away with anything, they can cry that someone roughed them up a little, and he was one of the most sought-after terrorists in Iraq and some of the things he did were absolutely gruesome and to put these SEALs up on the chopping block just sends a message to the world that we are weak.

As soon as Irving put out a call for help on Facebook from his living room in Texas, people in Norfolk responded.   Dawn West, a local realtor said, "We gave Josh a call and said, 'Hey we're here in Norfolk so hand us the torch.  And we went ahead and put out an APB to anyone that wanted to come to this rally and said, 'Please bring your American flag and save our SEALs.  We are here as patriots to let them know we support them."

Monica Lombardi, the civilian attorney from Virginia Beach representing Julio Huertas, complained that the government's prosecutors are dragging their feet more than they ever have on any other case.  "We have not been provided any evidence or any discovery despite our request," said Lombardi.  "The government has been very slow to respond and is currently denying us access to evidence in the case."  Lombardi said her client, "has been a hero.  Two tours in Iraq, a tour in Afghanistan and now this, this is the thanks he gets for the job he's done.   So, it's very hard on him but he's holdling up well."

Congressional candidate Chuck Smith also attended Monday's rally.  "I think it's a crying shame that we have our troops put their lives in harms way and they come here and are prosecuted for defending this country."

WAVY.com was not allowed to speak with prosecutors.  McCabe and Huertas will stand trial in January.  Keefe has yet to be arraigned.  If convicted the SEALS face one year