SEAL: NOT GUILTY!

Breaking News

Navy SEAL Matthew McCabe has been found not guilty.

To say we are happy is a serious understatement.

More thoughts on this tomorrow.

And remember, although all the SEALs were found innocent, charges for their civilian defense attorneys must still be paid.

The conservative weekly Human Events said the jury deliberated for one hour and 40 minutes. A not-guilty verdict required two thirds of the jury to agree on each of the charges.

The US Report sends best wishes to all the SEALs and their families. We regret they were forced to deal with this in the first place. [Filed by Kay B. Day]

Prosecution to offer rebuttal in SEAL trial

Breaking News

Fox News' Steve Centanni gave an update on the trial for Navy SEAL Matthew McCabe at approximately 11:25 a.m. on Thursday. Centanni said the prosecution will offer a rebuttal to the defense. That means we may get a verdict today, but it's more likely to come later.

Centanni said SEAL Julio Huertas testified from Iraq. Huertas, who was cleared of all charges related to the detention and treatment of alleged terrorist Ahmed Hashim Abed, contradicted testimony from the government's key witness Kevin Demartino who is also a sailor but not a SEAL. Huertas is one of a number of witnesses who dispute Demartino's account.

Ongoing coverage of the SEALs' trials is archived at The US Report. We thank Fox News, one of the only major media outlets offering balanced continuous coverage of these trials. Excellent coverage of McCabe's military trial has been provided by Dwight Sullivan at CAAFlog. [Filed by Kay B. Day]

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[Editor's Note: For more information and regular updates, visit Support the Navy SEALs who Captured Ahmed Hashim Abed. To contribute to funds for the SEALs’ civilian defense, visit Maritime Tactical Security. The US Report has covered this story extensively. To read previous columns about the SEALs, enter the words 'Navy SEALs' in the search box in the right column.]

CAAFlog blogger covers SEAL trial with finesse as defense duels with prosecutor

By Kay B. Day

CAAFlog blogger Dwight Sullivan is a rare bird. He has a legal background, but he writes like a seasoned journalist and in this rare case, I am using ‘seasoned journalist’ as a compliment. Sullivan has been posting firsthand accounts of the trial of SO2 Matthew McCabe’s legal battle to defend his honor and his freedom.

McCabe faces minor charges over the detention of an alleged terrorist in Iraq, but the most serious charge he’s dealing with is an accusation he did ‘unlawfully strike [the alleged terrorist] in the midsection with his fist.’ The alleged terrorist is Ahmed Hashim Abed who is suspected of planning and implementing the murders and desecration of bodies of private contractors in Iraq.

Sullivan has covered McCabe’s trial in a Norfolk (Va.) courtroom from the first day on Monday. I’m betting a lot of his readers are like me. Each day I’d check the CAAFlog site multiple times to see if there was anything new.

Sullivan’s last update on McCabe's trial implied the defense had a good day on Wednesday. It appears McCabe’s civilian defense attorney Neal Puckett and his associate Haytham Faraj are successfully picking apart ‘evidence’ such as very questionable eyewitness testimony from sailor Kevin Demartino and a recording  of a deposition of another eyewitness, the alleged terrorist.

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Witness stories don’t add up in 3rd Navy SEAL trial as prosecution rests

By Kay B. Day

According to Fox News, the prosecution rested Wednesday afternoon in the trial of Petty Officer 2nd class Matthew McCabe in a Norfolk military court. I am certain God is tired of hearing me pray today because I have done a lot of talking about this with Him. I believe McCabe is innocent. He also passed an independently administered lie detector test. Three SEALs chose to go to court to defend their honor over allegations related to the treatment of an alleged terrorist detained in Iraq.

Two other SEALs charged in relation to McCabe’s case have been acquitted.

The whole case makes no sense. In the following accounts, I've bolded relevant passages.

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For Navy SEAL McCabe, much hinges on elderly, partly deaf translator and the caliphate

By Kay B. Day

PO 2nd class Matthew McCabe’s trial in a Norfolk (Va.) courtroom is underway, and an issue I’ve raised is relevant to any trial for a member of the military in a foreign war zone. I have modest fluency in several languages, and once you study another language, you begin to understand that like English, those languages have various nuances and larger options for leeway in translation as well.

I remain concerned about the fairness of trials for our military members who must rely on translators we cannot fully vet. And it’s a known fact translators of Middle Eastern languages can often be difficult to find.

Thus I was relieved to read that this potential source of confusion was addressed on Tuesday in court.

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Judge won’t dismiss charges against SEAL for ‘undue command influence’ despite prosecutor’s own words

Jury selection begins in a Norfolk (Va.) court on Tuesday for Petty Officer 2nd Class Matthew McCabe.

First some background: McCabe is accused of punching an alleged terrorist and making false statements about it. The only visible evidence of the punch amounts to a cut lip and the punch was allegedly thrown long after McCabe and fellow SEALs brought in a man suspected of planning and implementing the murders, burning and desecration of bodies of 4 contractors in Fallujah in 2004. 

Yesterday Capt. Moira Modzelewski, the military judge hearing the case, refused to dismiss charges against McCabe although two of his fellow SEALs charged with making false statements and dereliction of duty (for not preventing the alleged punch many believe never happened in the first place) have been acquitted.

If it sounds complicated, that’s because it is. But the founder of a Facebook group formed to support the SEALs made a good point on Tuesday. And I’m betting there’s ample evidence for dismissal grounds in transcripts from the first two trials, especially in the prosecutor’s closing statements in the other SEALs' trials in Baghdad.

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