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Imprisoned for Saving American Lives

Posted by Bio ↓ on Feb 22nd, 2010

Former U.S. Army Master Sergeant John Hatley is now serving a forty year sentence in Leavenworth prison. He was convicted by a 2009 Court Martial of murdering four Iraqi insurgent arrestees in Baghdad following a 2007 ambush and firefight, and dumping the bodies into a Baghdad canal.  Two other Sergeants with the Alpha Company 1-18 1st Infantry were also convicted and sent to prison.

Hatley’s wife, Kim Hatley, is leading a crusade to win clemency for her husband. I recently spoke with her by telephone. A veteran of six years as an Intel-analyst and Crypto-analyst with the U.S. Army 18th Airborne Corps, Mrs. Hatley has a nineteen-year-old son in the United States Marine Corps in Afghanistan.  She related some details of events that led up to the firefight, the shootings and the investigation that sent her husband to prison:

John Hatley was a highly decorated combat veteran of nineteen years and six months military service. He was deployed in Bosnia, Kosovo, Panama, South Korea, Saudi Arabia, Operation Desert Storm and three tours of duty in Iraq.  The soldiers of Alpha Company 1-18 1st Army Infantry knew him to be the first into a hot spot and the last to come out.  Mrs. Hatley says that her husband was a legend in Alpha Company and treated the soldiers under his command as though they were family.

During daily 2007 patrol operations in the West Rasheed area of Baghdad, Hatley’s soldiers often found themselves under enemy fire.  The post-Hussein sectarian “insurgency” was well under way.  Hatley’s soldiers killed some of the attackers and captured many others.  Over the length of the insurgency, snipers and roadside bombs (IEDs) killed or crippled thousands of Americans.

As the war dragged on, tens of thousands of jihadists who were taken prisoner during or after fire-fights in Baghdad went to the Detention Holding Area Annex (DHAA), which is military terminology for a jail.  Astonishingly, the DHAA personnel released nearly all of them shortly after their arrests, for “lack of sufficient evidence to detain.”  Most of the prisoners were released.  The newly-freed insurgents immediately returned to the streets to resume killing and maiming American soldiers.  This insanity became known as the Catch and Release Program.

Adding to the stress of war, Hatley and his soldiers collected the scores of dead bodies that were regularly dumped onto Baghdad streets by terrorists.  Most of the dead were non-combatant civilians who had been tortured and mutilated prior to their executions.

Then, on February 27, 2007, an insurgent sniper killed Staff Sergeant Karl Soto-Pinedo, who was like a beloved son to Hatley.  Mrs. Hatley told me that her husband was grief-stricken to the point of dysfunction by Soto-Pinedo’s death.  On March 17, Spc. Mario Guerrero was killed by a road-side bomb explosion.  All the same, the patrols went on ceaselessly, from 4:00 a.m. to 9:00 or 10:00 p.m. – every day.  For months on end Hatley and his soldiers fought the war on three or four hours of sleep per night.

On a particular April day in 2007, Hatley’s unit once again came under fire. Four insurgents ran from a house where they hid during the fire-fight and the Americans soon captured them.  U.S. troops found small arms, sniper rifles and ammunition within that house. All of the captured insurgents field-tested “positive” for gunshot residue on their hands.

Hatley radioed the DHAA that he was en-route with the four detainees.  The DHAA refused to receive them, citing a “lack of sufficient evidence to hold.”  Hatley was ordered to release these terrorists who had tried to kill American soldiers.  Now, as the alleged story that came out in court goes, he discussed the DHAA release order with two of his subordinates, Sgt. Michael Leahy and Sgt. Joseph Mayo.  The Sergeants decided they had just about had their fill of Catch and Release, and that these four insurgents were not going free to return to kill and maim Americans. They subsequently drove the four terrorists to a nearby canal, fired one shot each into the backs of their heads, and dumped the dead bodies into the water.  Sgt. Jesse Cunningham, seated inside their parked vehicle, apparently watched all of it in the rear-view mirror. The bodies, however, were never found.  No local residents reported anyone missing.

By 2009, the Hatleys were stationed in Germany.  Sgt. Jesse Cunningham got himself into a jam with the Army for assaulting another non-commissioned officer and for falling asleep at his post – both serious offenses if proven.  Under investigation, Cunningham talked to a JAG lawyer and decided to trade what he knew about the 2007 Baghdad shootings to get himself off the hook.  He became “the snitch.”

Using Cunningham’s statement, the Army’s Criminal Investigation Division (CID) extracted confessions from both Leahy and Mayo.  Hatley refused to admit having done anything wrong.  The military trial was in Vilseck, Germany, from April 13 through 16, 2009.

Cunningham, Leahy and Mayo all took the witness stand against their former First Sergeant.  Mrs. Hatley, who was present for the entire trial, told me that Leahy and Mayo, who had already been convicted, looked to be in great distress on the stand during testimony and appeared to everyone that they did not want to testify against their First Sergeant. Both received bad conduct discharges and prison time.  Hatley received a dishonorable discharge to go along with his life sentence.  Members of the press openly wept when the sentence was handed down.

Mrs. Hatley now spends endless hours on the internet and the phone, mustering support for her husband’s release.  She sounds optimistic, despite the terrible situation.  She says that even in prison her husband has received meritorious staff reports, once for saving a choking prisoner’s life by administering the Heimlich maneuver.

The endless conflict goes on.  Soldiers and Marines deal with Rules of Engagement (ROE) that tie their hands and prolong the national agony of our overseas involvement in the eternal war that Islam declared against infidels nearly fourteen-hundred years ago.

Many officers in the military’s upper echelons remain willfully ignorant of Islamic doctrine and oblivious to its dynamics in the war.  They write the crippling ROE and the Catch-and-Release policies that have caused the deaths of innumerable American soldiers and Marines — and they sit comfortably behind their desks at the Pentagon.  In the meantime, men like John Hatley sit in prison.

[For those wishing to help Kim Hatley win clemency for her husband, visit DefendJohnHatley.com.]

John L. Work is a contributor to NewsReal Blog.  He is a retired Colorado Law Enforcement Officer and a free-lance writer.

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160 Responses for “Imprisoned for Saving American Lives”

  1. Linda Rivera says:

    Send the officers who write the ROE and the Catch-and-Release policies that have caused the deaths of American soldiers and Marines, to fight the war and BRING OUR TROOPS HOME NOW!

    We must have huge street protests all over America demanding the RELEASE of all of our military who have been unjustly imprisoned! This must be done very soon before we lose our freedom of speech. We are losing our freedoms in America.

  2. [...] http://frontpagemag.com/2010/02/22/imprisoned-for-killing-terrorists-in-iraq-2 Possibly related posts: (automatically generated)Afghanistan Today-the GWOT Hotspot-1-11-10-Mon.Afghanistan Today-the GWOT Hotspot-11/25/09-Wed.Afghanistan Today-The GWOT Hotspot-1-1-2010-Fri. [...]

  3. USMCSniper says:

    US Army Pte Kristian Menchaca, 23, and Pte Thomas Tucker, 25, were snatched from a checkpoint near the town of Yusufiyah on June 16 , 2006 and they were tortured ( eyes, poked out, arms and legs ripped off, gentials cut off, and beheaded and a video made. __On July 10, 2006, a video showing the bodies of Kristian Menchaca and Thomas Tucker was posted on an extremist website showing the two mutilated corpses laid out on a road and being taunted by the alleged captors, who present the head of Thomas Tucker to the camera like a trophy, and stomp on the head of Kristian Menchaca. On September 23, 2006, a second mutilation video of the two soldiers was broadcasted on the internet. It shows the two soldiers being dragged on the streets and their bodies being set on fire. Thomas's head is being kicked by an insurgent down the street. Had this happened in Vietnam, not even a single chicken or stray dog would have gotten out of that village alive and nobody would dare have said a thing.

  4. chuckie 2u says:

    One has to be aware we are lead by Ideological Fools and good men and women die so the Fools can maintain their status quo. War is hell for those in it and even worse for those who have to fight under Political Correctness doctrine.

    • True American says:

      Like Karim Political Correctness too can find it's proper resting place on the bottom of any lake

  5. Len Powder says:

    I would have done exactly the same thing in the situation John Hately found himself. It is not he who should have been tried but the "Catch and Release Program". What are we doing in this country to our heroes? The ROE soldiers are directed to fight under in Afghanistan are a form of suicide. CIA interrogators are threatened with prosecution. The FBI cannot investigate and infiltrate Muslim Mafia organizations or mosques which are the nucleus of their revolution against America. Soldiers who risk their lives 24/7 against neanderthals who want to destroy us are locked up for 40 years? THERE IS SOMETHING VERY WRONG WITH THIS PICTURE!

  6. proxywar says:

    Personally I agree with what hatley did but legally I do not.

  7. bubba4 says:

    "Most of the prisoners were released. The newly-freed insurgents immediately returned to the streets to resume killing and maiming American soldiers. This insanity became known as the Catch and Release Program."

    This is horribly irresponsible to just casually put out there without evidence or citing anything. If it's what the wife told you, then you shouldn't state it as fact like this.

    What is odd, is you feel the need to both set up the emotional stress excuse for his behavior…but then imply it probably never happened anyway.

    Obviously this story is a setup to make people feel the PC injustice in all its bizarro world glory, but I'm afraid that when you are in the military, you can't just execute prisoners and dump them in a ditch. If that's what he did, then he deserves justice.

    John Work is just kicking up dust.

    John Hatley was convicted of this crime…so are you saying he didn't do it? If he did do it, are you saying it was a justified act?

    If you are trying to critique a military policy, then you do a terrible job of it. You cite nothing, give no real facts, and just imply whatever you want. Very irresponsible…

  8. bardefa says:

    jihadists cut heads of Americans ALIVE – and killing them is a no-no?
    Maybe people who've sentenced AMS Hatley should go to Iraq and talk to them?
    They may come back headless……………..

  9. USMCSniper says:

    All of us sleep peacefully in their beds at night only because rough men like U .S. Army Master Sergeant John Hatley do unspeakable violence on their behalf?

  10. Linda Rivera says:

    Islamic Infiltration in America's strongly pro-Islam Government.
    The huge threat to the safety and freedom of America, Israel and the Free World is frightening. Counter-terrorism forces in the FBI are trained by radical Muslim groups. The war on terror is phony.

    From Pajamas Media: The Islamic Infiltration, Part 1: Inside Our Government, Armed With Our Secrets
    http://www.pjtv.com/v/2930

  11. Linda Rivera says:

    JIHAD Against Americans is UNOPPOSED by Washington

    Muslim terrorist training camps that teach murder of non-Muslims and violent Islamic conquest of America are allowed. They are not considered the enemy. Homeland security informed America who are regarded as the enemy: peaceful, patriotic Americans – pro lifers, tea party attendees, returning war veterans who risked their lives for America. God help America.

    worldnetdaily.com
    'Chilling' new video: How to slit throats
    Jihad maneuvers taught at New York compound
    December 15, 2009

    By Bob Unruh

    A new video released by the Christian Action Network shows Muslim women at a compound in New York state practicing throat-slitting techniques and assault weapons attacks.

    The video was distributed by the makers of the movie "Homegrown Jihad: The Terrorist Camps Around the U.S.," which documents how a jihadist group has developed dozens of training camps across the nation.

    WND reported at the time how Jamaat ul-Fuqra has built 35 compounds – mostly in the northeastern corridor of the U.S.

    …The U.S. State Department's 1998 "Patterns of Global Terrorism" report notes the organization "seeks to purify Islam through violence."

    The report continued, "Members have purchased isolated rural compounds in North America to live communally, practice their faith and insulate themselves from Western culture. Fuqra members have attacked a variety of targets that they view as enemies of Islam."

    CAN, led by Martin Mawyer, has researched Muslims of America for years and has provided its video to the FBI, State Department and Homeland Security. To date, there has been no response from the government, the group said.

    …"Gilani has stated he is preparing his members to the Soldiers of Allah, and he's set up the most advanced guerrilla warfare training camps," he said.

    The organization's "Homegrown Jihad" video includes a chilling scene of Jamaat ul-Fuqra's leader Sheikh Mubarak Gilani telling followers to "act like you're his friend. Then kill him."

    According to the Religion of Peace website, there have been more than 250 jihad attacks by Muslims around the globe – including two inside the U.S. – in just the last two months.The death toll from the attacks has surpassed 1,400, the report says.
    http://www.wnd.com/index.php?fa=PAGE.view&pag…

    New MOA Terror Training Video Exposed
    http://www.youtube.com/watch?v=ebg6AFylios&fe…

  12. Linda Rivera says:

    U.S. MILITARY DIE FOR ISLAM

    Democracy is the absolute opposite of Islam; obviously democracy for Iraq and Afghanistan was NEVER the plan. We went to war to install sharia in Iraq and Afghanistan – Islamic sharia law is what our military men and women die for, not democracy.

    March 24, 2006
    Sharia Calling
    America, we have a problem.
    By Nina Shea

    …the judge explained that under article 130 of Afghanistan’s new constitution, medieval sharia laws against apostasy applied. The prosecutor told the press that he offered to drop charges if the defendant converted back to Islam, but Rahman refused, saying that he is a Christian and will always remain one. According to press accounts, the prosecutor called Rahman a “microbe” who “should be killed.” The judge said he would consider the case for a few weeks but affirmed that if he rendered a determination of apostasy, the punishment would be death.

    …the so-called “repugnancy clause,” found in both the Afghanistan and Iraq constitutions, which asserts that no law can contradict Islam.)
    http://www.nationalreview.com/comment/shea2006032…

  13. Linda Rivera says:

    U.S. LUXURY RESORT JAIL For Washington's Top FAVORITES, MuslimTerrorists

    WORLDNETDAILY.COM
    Warning: Gitmo still holds 'throat-slitting' inmates
    December 23, 2008
    By Bob Unruh

    …detainees being held in modern facilities "filled with amenities that most American people could only dream of."

    …There also are three members of the medical profession, doctors and nurses, for each inmate…

    "They watch movies weekly, eat a menu of six different diets from which they choose…

    …the inmates "get prayer rugs, prayer caps, prayer beads and brand new Qurans. The guards may never touch the Qurans. Only a Muslim may deliver the books to the terrorists. If the terrorists are especially good, they get a fancier prayer rug."

    Inmates also are given art classes, taught English and have games, including soccer, chess, checkers and exercise machines.

    …inmates at Gitmo on average gain 15 pounds. "The United States has even had to buy them bigger pants because they got so fat on their Gitmo meals,"
    http://worldnetdaily.com/index.php?fa=PAGE.view&a…

    A powerful recruiting tool for Islamic terrorist organizations-are potential terrorist recruits informed of the rewards for terror via America's luxury resort jail?

    Non-Muslim criminals in Illinois jails are having THEIR health destroyed:

    WORLDNETDAILY.COM
    Obama asked to save prisoners from soy 'torture'
    November 18, 2008
    By Bob Unruh

    …Obama, Morell wrote, should "focus on a grave injustice taking place in the prisons of your home state, namely, a prison diet that is slowly killing the inmates assigned to the Illinois Department of Corrections."This is a diet based largely on soy protein powder and soy flour.

    …"The U.S. Food and Drug Administration lists 288 studies on its database showing the toxicity of soy. Numerous studies show that soy consumption leads to nutrient deficiencies, digestive disorders, endocrine disruption and thyroid problems," the letter said.

    …the inmates in Illinois are fed up to 100 grams per day – beef and chicken by-product mixtures containing 60-70 percent soy, fake soy meats and cheese, "even soy added to baked goods," the letter said.

    "Almost all suffer from serious digestive disorders, such as diarrhea or painful constipation, vomiting, irritable bowel syndrome and sharp pains," she said. "… One reason for these problems is the high oxalic acid content of soy.

    Oxalic acid, the letter said, is associated with kidney stones, can disrupt heart functions, replace bone marrow cells and impair nerve functions.

    Even those who vomit or pass out immediately after eating soy cannot get an order for a soy-free diet…
    http://www.wnd.com/index.php?fa=PAGE.view&pag…

    Would things change drastically if the prisoners CONVERTED to ISLAM, the favorite religion of Western leaders?

  14. Linda Rivera says:

    December 14, 2009

    WORLDNETDAILY.com
    It's not just the enemy
    killing U.S. soldiers …
    You won't believe new rules
    of engagement in Afghanistan

    …The ROEs in some cases have gone beyond limiting ISAF troops in their operations. In one case, ROE restrictions were in effect when four U.S. Marines twice pleaded by radio for artillery support in combat action in Kunar Province in Afghanistan – and twice they were refused, before they were killed.
    http://www.wnd.com/index.php?fa=PAGE.printable&am…

    Unethical American leaders are to blame for the killing of our four U.S. Marines. They have innocent blood on their hands. How many more Americans and allies will be killed and maimed because of U.S. rules that highly favor cruel enemies? This is NOT a war that is being fought to win by our leaders, but a war that is designed to DELIBERATELY harm our troops. Stop the ruthless abuse of our patriotic military. Save the lives of our troops and allies! Bring them home now!

    FREE OUR BRAVE MILITARY UNJUSTLY IMPRISONED! Street protests now!

  15. Spc By*** says:

    I served with 1sgt hatley in OIF II
    He is an honorable man and would never kill an "innocent" person the dead are dead for a reason ……

    I believe it was sherman who said "war is hell"

    I had a saying in iraq that I live to this day ….." I would rather be judged by 12 then carried by 6"
    I dont care if you are muslim , buddist , catholic , LDS or any other of the mulititude of them out there….. I will defend my family ,my country, and my comrads with my life …hopefully taking more of yours before you take mine

  16. MSGT says:

    AGAIN OUR MILITARY BRASS HAS BROKEN DOWN . I HAVE SEEN THIS OVER AND OVER AGAIN.DOULBE STANDARD. WHAT THESE SOLIDERS DID HAPPENS IN EVERY WAR . SOME SOLDIER IN THERE COMPANY WAS IN TROUBLE AND DESIDED TO LET EVERYONE NOW WHAT THEY DID. I WILL BET A MILLION DOLLARS ON IT. SO THE BRASS DESIDES TO MAKE A SAMPLE OUT OF IT. AND IT WORKS. IT IS A BREAK DOWN IN GOVERMENT. ENLIST THEM BACK FOR THREE YEARS TRAIN OTHERS NOT TO DO WHAT THEY DID AND MAKE A POSITIVE INTO A NEGATIVE. THAT IS CALLED LEARNING BY MISTAKE. NATO 96 HOUR TIMED SERVED.

  17. MSGT says:

    ANYONE REMEBER THE NAMES NECK BERG OR DANIEL PEARL. THESE MEN WERE ON TV ALL OVER THE WORLD.THE MONSTERS THAT CHOPPED OFF NECK BERG AND DANIELS PEARLS HEADS WERE CAPTURED AND THEN RELEASED SOME OF THEM WERE KILLED IN SMALL FIRE FIGHTS. OTHERS "LITTLE BIRDIE"SAID CAME TO AMERICA TO BE RATS. JAG REALLY NEEDS TO WORK ALOT HARDER AND FASTER TO REENLIST OUR SOLDIERS BACK TO DUTY WITH COMPENSATION TO THEM AND THERE FAMILIES FOR LACK OF EVIDENCE. THE GOVERMENT SHOULD BE HELD ACCOUNTABLE FOR ALL ACTIONS TAKEN BY MILITARY SOLDIERS .BECAUSE THEY TRAINED THEM .BY THE WAY JESSE CUNNINGHAM IS YOUR WITNESS.

  18. Dave says:

    Karim can go jump in the lake

  19. Mark Smith says:

    as one who has been a victim of the UCMJ i think you have reached the last posiable step in having your husband released. That is the Presdent of the US has to grant a pardon. How ever i don't know if he will get he retirement pay or VA benifits. What he did i can't say was right or wrong. What i do think is now there is going to be alot more shootings rather then taking personer to jail and trial. This is not a good thing to happen. I think the military needs to look at proble cause for detention. And have the facitliys to hold and trial them.

  20. ali mack says:

    one man's terrorist is another man's freedom fighter. our countries invaded another soveriegn state without any provocation and against international law. any iraqui in iraq who shoots are or bombs any foreign military personnel or installations is as within their rights as any other citizen of any other country invaded by foreign forces.

  21. K dub says:

    Sry but i don't think Hatley should have killed them. I agree that the catch and release policy sounds screwed up, but he should be trying to change the policy, not just killing people. I kinda understand where he is coming from, but still. Anyways, regardless of how ethical his decision was, it might end up doing more good towards policy change than nonviolent means would since this will probably bring attention to the issue.

  22. [...] February of 2010 I wrote a column that was published in Front Page Magazine on former U.S. Army Master Sergeant John Hatley, who is currently serving a forty-year sentence for [...]

  23. [...] kill again for “lack of evidence.” In both Behenna’s and Hutchins’ cases (and others), catch-and-release was the ultimate manifestation of chaotic command and no control, and served as [...]

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