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tv   Campbell Brown  CNN  November 21, 2009 8:00pm-9:00pm EST

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>> no. >> mr. mccain. mrs. mccaskill. mr. mcconnell. mr. menendez. mr. merkley. >> aye. >> miss ma cakmacaulski. mrs. murray. >> aye. >> mr. nelson of nebraska. >> aye. >> mr. nelson of florida. >> aye. >> mr. pryor. mr. reid of rhode island.
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>> aye. >> mr. reid of nevada. mr. rish. >> no. >> mr. roberts. >> no. >> mr. rockefeller. mr. sanders. mr. schumer. >> aye. >> mr. sessions. >> no. >> mrs. shaheen? >> aye. >> mr. shelby. >> no. >> miss snowe. mr. specter. >> aye. >> miss stabinow.
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>> aye oh. >> mr. tester. >> aye. >> mr. thune. >> no. >> mr. udall of colorado. mr. udall of new mexico. >> aye. mr. vitter. >> no. >> mr. voinovich. mr. warner. >> aye. >> mr. webb. >> aye. >> mr. whitehouse? >> aye. >> mr. wicker. mr. widen. >> aye.
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>> mr. carper. mr. cochran. >> no. >> mrs. hutchison. mr. burris. >> aye. >> mr. binghamton. >> so they're going back to revote for some of the people -- for some of the people that were not there to vote. voting at their desks, best political team on television joins us. dana bash. majority leader asked them to vote from their desks so they -- some people weren't in the building or in their seats so they've got to go back and ask them their vote again. >> reporter: exactly that is the typical way a senate vote works, not what you're seeing now. senators almost never sit in their seats. the democratic leader asked them to do this to show the import of the moment from his perspective. that's why you see this. typically what you see is senators milling around in the well of the senate coming in and out and sometimes getting there
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at the last minute so it is -- this is kind of the way they do it. go through the alphabet and for example, they've gone through some of the senators we were talking about earlier, some of those key democratic votes, senator landrieu and senator lincoln, their names were called. they haven't voted yet but what you're seeing and important to emphasize, it is really different in terms of the way the senate operates because this is designed to show from the perspective of the democrats this is big and this marys. >> okay, okay, we're going to go back to the floor. >> casey, conrad, dodd, dorgan, durbin, feingold, finestein, franken, jillybrand, hagen, harker, kaufman, kerry, kirk, klobuchar, cole, leahy, levin, lieber man, lincoln, mccaskill. menendez, merkley. murray, nelson of nebraska, nelson of florida, pryor, reed of rhode island, reed of nevada.
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rockefeller, sanders, schumer, shaheen, specter, stabinow, udall of colorado and new mexico, warner, webb, whitehouse and widen. >> those were senators who 4 voted in the affirmative. i don't think they say who said nay or at least voted in the negative will -- we'll hear that in a bit but dana bash was talking. let's bring them back in while there is a lull. if you hear them calling the names of those who voted against the bill we'll talk about it. right along party lines, mark
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preston. >> when blanche lincoln said she would support the ability for the senate to move forward with the debate, you know, we weren't surprised anymore. we knew that democrats had 60 votes. you know -- >> okay, mark, they're reading the names who voted against. >> demint, ensign, enzi, graham, grassley, gregg, hatch, hutchison, inhofe, isaacson, johanns, kyle, lemieux, lugar, mccain, mcconnell, murkowski, riche, roberts, sessions, shelby, snowe, thune, vitter and wicker. >> right now we're waiting on a
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tally and again there is no rule book now for how this goes. we'll bring dana in and i may have to interrupt you and mark. mark, i want mark to finish this thought but we may have to interrupt you if we hear the tally. >> well, very quickly, democrats will have 60 votes on this, but there has been a lot of talk that president obama had 60 votes in congress and i think it's fair to say there were never a hard 60 votes. we saw that with lincoln and nelson and mary landrieu. the centrists right now at least to me are the most powerful people in washington. >> before i bring dana in, i want to go to ed henry. think the tv sets are on at the white house or someone is watching this somewhere? >> they absolutely are and what's interesting is that when you talk to white house aides, what they love about tonight is the fact that they say that the republicans and there were people in the media pundits who were saying back in may when some of the first cost estimates coming out about the early legislation they were declaring this dead.
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go back to august, the sound and fury of the town hall meetings across the country, again, many people declared this effort is dead. then a couple of weeks back, could they get it through the house? there was a squeaker of a vote. you were covering that right up until the very last second and they got it through so her again -- >> okay, ed, we got to go back. >> any senators who wish to vote or change their vote? if not on this vote, the ayes of 60. the motion is agreed to. >> dana? >> there you see, 60 yeas. 39 nays. five seconds for you if you're there and can put a cap on it. >> a cap is a party line vote, 60 with no votes to spare. 60 votes on the democratic side. a very strong indication of this
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is a success for the president, for the democratic leadership but how tough it will be to get the president's health care bill to his desk for his signature. >> dana bash, ed henry, mark preston, thank you so much. we'll talk to the best political team on television starting at 10:00 p.m. eastern tonight. meantime, we want to take you to a special investigation. "ac 3 660," "killings at the canal: the army tapes" that begins right now. >> i'm anderson cooper. special hour "killings at the canal: the army tapes." what you're about to see is a story that raises difficult questions about what can happen on a battleground. it's a story about murder in a combat zone. you're going to meet three decorated army sergeants, seasoned soldiers, patriotic americans who felt they had no other choice but to kill four iraqis they had taken into custody shooting them execution style. for months it remained a secret until someone spoke up on the army tapes you'll hear military
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interrogators coax out a reluctant confession of what really happened at the canal. special investigations unit abby boudreaux brings it to us. >> the facts behind the crime are pretty straightforward but the reason these shootings happened is not. that's what makes the story so complex. the tapes and our investigation reveal these soldiers had a serious problem with the army's rules on detainees and why they believe those rules may have pushed them too far. here only on cnn you'll see exactly what happens in the interrogation room and how the facts would finally emerge.
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the wife of an american soldier sits in a grassy field in germany. this video and the words on her cards are her weapons. these are the men she's fighting for, three soldiers. her husband, first sergeant john hatley, sergeant first class joseph mayo and sergeant michael leahy. though she still calls them heroes, what they did at this west baghdad canal would make them killers. >> put my gun -- i know i shot but i felt i put my arm like this -- whether i hit him, i'm
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not going to say i didn't hit him because i'm not trying to lie. >> you're saying you witnessed people taking those detainees out of it -- >> articulate what the hell you're doing parked next to a canal. >> i don't think it actually killed him. whether it would later on i don't know. >> we obtained 23 hours of interrogation tapes, tapes you'll only see on cnn. they tell the story of the secret. >> on tv they say what happens in vegas stays in vegas. sometimes sometimes them birds come home to roost from vegas. >> reporter: the confession. >> i'm not a good person because i murdered someone in iraq. >> reporter: and the fear of it all getting out. >> this is going to be -- this is going to be ugly cause it is. >> reporter: march 2007 one of the most dangerous times in
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iraq, the surge. u.s. soldiers were under constant attack. it was first sergeant hatley's third combat deployment. now 41, he was the trusted leader of alpha company 118. he a veteran of war. while no one remembers the exact date, no one can forget what happened. on this particular day, sergeant first class mayo and sergeant leahy both now 28, were helping lead the mission. it started off routine. but it turned into a day that still haunts private first class joshua hartsin. >> clear sky, no clouds. sun on top of everybody. >> reporter: he was 19 when he served under first sergeant hatley. that day he says he remembers receiving small arms fire. his platoon went in search of the shooters. that's when they rolled up on this neighborhood in baghdad and found four iraqi men and a small
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cache of weapons nearby. what did you find? >> there were sniper rivals. ak-47s, binocular, night vision binoculars and night vision goggles. duffel bags filled with ammunition and a lot. >> reporter: and did you think these were the men that were firing upon you? >> yes. >> reporter: photos were taken of the four iraqis. but later destroyed. by all accounts, the men were blindfolded. their hands zip tied and they were loaded into the back of a bradley fighting vehicle. sergeant first class mayo handed hartson his 9 mm and told him to guard the detaineeses. >> it was you and them. >> yes. >> and did any of them speak english. >> the one on my right did. >> reporter: so did you try talking to him? >> i talked to him. >> reporter: what did you say? >> i asked him if he killed americans, made bombs and he laughed about the questions. >> reporter: what did that tell you? >> yeah, he did. and apparently it's funny. he enjoys it.
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>> reporter: according to the army's rules at the time, the detaineeses were supposed to be dropped off at the detainee housing area or dha but that didn't happen. on this day first sergeant hatley had a different plan. >> my first sergeant comes up to me and pulls me away from everybody, then he asks me if we take them to the detainee facility, dha, they'll be right back on the streets doing the same thing. he asked if i had a problem if we took care of them and i told them no. >> reporter: what do you think he meant by that? >> to kill them. >> reporter: how could you be okay with that? >> they were bad guys. if we would have let them go or take them in, we risked the chance of them getting out and killing us, killing other people. >> reporter: hartson remembers one of the iraqis asking him for a cigarette. the men were still in the bradley. blindfolded and zip-tied. >> smoke, smoke, smoke. and let them have a couple hits.
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then after that, hit hid his hands behind his back. he was holding on to his prayer beads and leaned over and kept saying gift, gift, gift. i said i can't take them. he just kept saying gift, gift, gift again then i took the prayer beads as a gift. >> reporter: moments later the four iraqis were taken out of the truck and lined up at the edge of a canal in west baghdad. it was already dark. the three sergeants hatley, mayo and leahy pointed their guns at the back of the detainees' heads and within seconds executed each of them. their bodies dumped in the shallow canal never to be found. >> nobody knows what we've all been through. watching people die and nobody will ever understand it unless
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they've been there with them. >> reporter: there were a total of 13 soldiers on the mission that day. some witnessed the crime. others only heard the shots. yet, for nine months all of them kept quiet about what happened at the canal. but soon that would change. i mean, these men were convicted of premeditated murder. >> yes. >> reporter: but you still call them heroes. >> of course. >> reporter: now new questions about how u.s. soldiers are trained to collect evidence during war and whether the army's policy drove the soldiers to their breaking point. i feel congestion, p9right around here. my congestion is so bad right now i really am looking forward to getting relief. i've never used afrin before. relief! oh, it's like night and day. can i keep this? (announcer) afrin. why suffer?
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>> reporter: life is on hold for jamie leahy. >> i will wear it. i'm determined to wear it someday with him. >> reporter: they were married by a justice of the peace when her husband was between deployments but she wanted a traditional wedding, the beautiful gown, the big reception in her grandparents' backyard. >> this is exactly where it was going to be. over here with an arch, we were going to have roundtables just placed all around. >> reporter: did you ever have the ceremony and the reception? >> no, we haven't yet because our plans were in february of 2008, so -- but the investigation started in january, so -- >> reporter: her husband, sergeant michael leahy, a purple heart recipient and a medic was
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charged with the unthinkable. premeditated murder. he was one of three army sergeants accused in the execution of four iraqi detainees and the dumping of their bodies into this canal. it was a secret he eventually would have to tell his wife. he described that conversation in this army interrogation tape. >> i told her that, i said, honey, i'm going to tell you something and i understand if you don't forgive me but i'm not a good person because i murdered someone in iraq. i killed someone in iraq. >> reporter: did you ever think that your husband was capable of killing like this? >> no, i didn't. that's why i am trying to understand what was going on in his head, what was going on around him that could bring him to something -- a situation like
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that. >> reporter: we've obtained the nearly 900-page investigative case file, as well as 23 1/2 hours of army interrogation videotapes including tapes we asked for but the army would not release to cnn. those tapes show the agonizing confession of a decorated american soldier, sergeant leahy was the only one to confess on tape. >> when you shot in front of you, where did you shoot? >> it was in the back of the head and i guess in the back of the head. >> reporter: leahy admits he fired two shots but only killed one detainee. so who killed the fourth iraqi? that was the question army investigators were trying to answer. >> my arm went up to the right and i fired again. i'm pretty sure i didn't hit anybody but i'm not going to say
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that because i don't know for sure. i wasn't looking when i shot the second round. >> reporter: the interrogator warns him not to lie and process him for a full confession. >> but if you did that and you know you did it, because you know whether or not you did it, no reasonable person is going to believe that you shot and those guys fell back on you and -- if you shot this dude, just say you shot him. just be honest about it. >> it's involved -- >> i don't know what the guy fell on but if you purposely shot this guy, mike, just say it. you've already -- you've already show us what you're made of. i know it's hard but i know that's what what happened, dude. you wouldn't have so much question in your mind right now if you didn't know what happened. >> you're right. >> i know it's hard. just tell us what happened. >> yeah, i turned and shot this guy but i'm not 100% sure i
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turned and shot this guy. >> at this point the army investigator tries to sympathize with leahy, a technique commonly used during interrogations and it works. >> you are not a killer. you are not a murderer. you acted way out of character and shot somebody, something that you would have never ever done. it's something you'll never do again and you might never have done it without that influence. that's something that extraordinary in your life. it's something that -- >> i shot the other -- >> okay. >> -- one. >> all right, well, talk to me about what happened, the way you remember. >> i shot the guy did fall and i did turn and the other guy was right there in front of me and i shot again and that guy, he didn't -- that guy didn't die, by the way. the guy fell down and he was so darn i'm not saying crying.
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he was making noises. >> gurgling? >> and i hate to point the finger but i know -- first came and shot that guy in the chest. that's what i know about the situation. >> reporter: leahy was accusing first sergeant hatley of shooting and killing not just one but two of the four detainees. >> after you fired the shots and shot them, how did you feel about that incident? >> scared. >> reporter: the secret sergeant leahy had kept for nine months was now in the hands of army investigators. he would soon reveal what drove him to murder. and why the army's policy for detaining prisoners wasn't working. jamie leahy remembers when her husband told her about the investigation. >> he was like are you going to be with me, are you going to stick with me through this.
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i understand if you don't want to and then it was kind of like how -- do you feel the same way about him. i told him i feel the same way about you. i mean i don't feel any differently because it's wartime and it wasn't like he just ran out on the street and shot somebody or something like that. >> reporter: but this former soldier says wartime is no excuse. he's the man who tipped off the government to what happened at the canal, breaking the brotherhood but at what cost? >> i did the right thing. i'm not going to hide behind the false brotherhood. >> i would -- if i were sergeant cunningham not be comfortable in a combat environment. >> reporter: why do you say that? >> i'd be worried that having broken the band of brothers band, something would happen to me.
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the murders of four iraqi detainees next to a baghdad canal remained a secret for nine months and might have stayed that way if it weren't for this man, for the first time, he's talking about why he came forward. >> i feel betrayed. i feel let down. i really feel stabbed in the back. >> reporter: jess cunningham is no longer in the army. the former sergeant is back at home in california. he was at the canal that day in march 2007, but says the murders never should have happened. this is hard for you to talk about. >> i think a lot of soldiers
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were betrayed. i think the wrong thing was done for someone's ego and i think that others became followers instead of doing the right thing and taking a good stand and having character and integrity. >> reporter: only weeks before the incident, alpha company lost two soldiers in combat, staff sergeant karl soto pinetto and guerrero. cunningham said the losses devastated sergeant hatley. >> maybe he did snap. i don't know. do i think so, no. i believe he knew right from wrong. and i have no respect for him. >> reporter: you don't have respect for him? >> no. i don't. >> reporter: private first class joshua hartson was also at the canal. he feels the decision to kill the iraqis was the right thing to do. he remembers the night of the murders, first sergeant hatley told him the executions were for
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soto-pinedo and guerrero. it sounds like a revenge killing. >> i don't think it was reseng. it was these guys were bad. we take them in. they're back out. more weapons they would gather up. more people they might kill. so we i guess prevented it by taking their lives. >> reporter: hartson and other soldiers like specialist jonathan schafer who is in this army interrogation video say they kept the murders a secret because their sergeants were like family. neither was charged in the crime. >> i'm friends. i'm family with sergeant mayor, first sergeant, doc leahy, i mean, those guys are obviously guys i went downrange with. they're my friend, they're my family. um, that's why i didn't talk about this or i decided not to come forward and say, hey, you know, this is what happened down there. >> reporter: but cunningham did come forward. nine months after the crime, when he was facing military
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discipline for assaulting sergeant leahy and being disrespectful to another officer, he reported the murders at the canal to his lawyer. you can see why some people might say, well, the only reason you came forward was because you didn't want to get yourself in trouble. you wanted to get out of that situation. >> no, that's not the case. i don't really care what other people think about me. i don't worry. i'm not going to lose any sleep. i did the right thing. >> why didn't you report it right away? >> fear. >> reporter: fear of what? >> retaliation, fear of being alone, fear of being the only one that had a problem with it. >> reporter: he says he waited to break his silence until he got back to his military base in schweinfurt, germany. he was afraid of reporting the crime while he was in iraq, fearing his fellow soldiers would turn on him.
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>> it was a benefit to have it tried here. >> reporter: david court is first sergeant hatley's attorney based in herbs, a small town outside frankfurt. court says cunningham's fears were warranted. >> if i were sergeant cunningham, not be comfortable in a combat environment. >> reporter: why do you say that? >> i'd be worried that having broken the band of brothers band, something might happen to me. >> reporter: cunningham says he's not surprised by that comment. >> exactly why i didn't come forward. but i did the right thing and i'm not going to hide behind excuses. i'm not going to hide behind the false brotherhood. >> reporter: cunningham and another sergeant were later charged with conspiracy to commit premeditated murder, but those charges were eventually dropped. based on cunningham's information, the army launched a
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full investigation considering this case a matter of interest at the highest levels, with the potential for major repercussions." it was a potential pr nightmare for the army. this interrogator worried about what would happen when the media found out. he talks to one of the soldiers who was not charged in the case. >> this is going to be ugly cause it is. >> reporter: he brings up abu ghraib and how the media made that scandal worse than it really was. he feared the same could happen in this case. >> just like knuckleheads who were stacking naked prisoners down abu ghraib. we walk down the streets and we carry the shame. i don't know about you but i wasn't at abu ghraib. but i can tell you half the time i'm walking down the streets that's what people think when they're looking at us. oh, there's those damn americans that abused those poor prisoners. frat boys get abused worse during in college but it's what the media made of it. what the hell do you think they're going to make of this?
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>> reporter: investigators questioned all 1 soldiers who were there that day. most gave permission to be videotaped. those tapes reveal not only a reason for the murders, but also why soldiers felt the army's rules protected the enemy more than them. making it increasingly difficult to lock up detainees. >> seems like even if you do your job and take these guys to the detain center they're coming right back. they're the same guys shooting at you. >> reporter: by some arguing the army is asking too much. >> asking them to be soldiers and cops but they're just trained to be soldiers. which crossover would you choose? the 2009 top safety pick? the class leader in highway fuel economy? or a 2009 consumer guide best buy? how about all of the above? the eight passenger buick enclave. may the best car win. the eight passenger buick enclave. let's fine-tune your business
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i'm 80% sure i shot only two
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bullets. >> reporter: after hours and hours of interrogations, the army knew the truth. three sergeants shot and killed four detainees. soldiers even sketch the crime scene. it shows the canal and the iraqis lined up next to it. first sergeant john hatley was the focus of the investigation. soldiers say it was his idea to kill the men since he believed the rules for holding detainees were not working. he feared the four iraqis that the soldiers just captured would be let go free to attack another day. this 2005 memo marked draft imposed detailed stand sdashds for evidence soldiers needed before suspected insurgents could be detained. failure to follow these regulations may result in acq t acquittal or premature release of detainees according to the
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document. written after the scandal at abu ghraib prison and these embarrassing photos were made public. the memo was intended to tighten stand sdarsd for detaining prisoners. >> how is everybody doing? >> any kind of problems right now? >> reporter: brigadier david david quantitytok who oversees detainees operations confirms the document was operational policy from 2005 through 2008. >> before the memo was written a person could bring a detainee to our fault and world take them in with little or nothing. >> reporter: soldiers could no longer detain them because they were merely seen as a threat. there now had to be proof. photographs of physical evidence, photographs of the detainee at the crime scene, and photos of the detainee next to the evidence. physical evidence of the crime such as illegal rifles or ied making tears was needed along
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with a sketch of the crime scene indicating the place of capture and the location of weapons, explosives or munitions and the most difficult requirement was for statements written by firsthand witnesses to the criminal activity. the new requirements made a soldier's difficult job even more difficult. you've said yourself, general, that there were many military operations where the focus was not on evidence gathering so what happened in those cases? >> well, in most cases, if we don't have anything they eventually are released. >> reporter: more than 87,000 detainees were captured during the war in iraq. quantock said the majority of them, nearly 77,000 were released due to lack of evidence. despite the high release rate, he says soldiers were perfectly capable of gathering evidence. >> we're asking them to take basic evidence, which they've been trained to do, again, we've got the greatest soldiers in the world and i don't accept that
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they can't take basic evidence off of -- off of a crime scene. >> reporter: general, if it's so easy to collect this basic type of evidence why were so many detainees let out because of lack of evidence? >> well, i mean, it took us a while. i mean it took us a while to realize. it goes back to my point about, you know, we were -- we're trying to make the fight fit the army as opposed to have the army fit the fight. i think a lot of times we thought the insurgency would dissipate working closely with the government of iraq trying to improve the iraqi security forces but at the end of the day it didn't work out very well. we had to get better at taking evidence off the crime scene. >> they're asking them to be soldiers and to be cops but they're just trained to be soldiers. >> reporter: we met sergeant leahy's attorney frank spinner in colorado springs. his work defending accused war criminals takes him all over the world. >> as it was, they had to take off their soldier helmet, put on
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their cop hat, take them to a civilian sort of police station and show evidence that these were people that were shooting at them and if there wasn't enough evidence then they were going to be released on the street. and -- but soldiers aren't trained to be cops and they're not trained to collect evidence and they're to the trained in the ways of civilian criminal prosecutions. >> reporter: a point even general quantock concedes when pressed. you've talked quite a bit about the training that soldiers have received. we've talked to many, many soldiers who say that the only kind of training that they would get would be, you know, a 00-minute power point presentation back in the states before they would go out on a battlefield. >> yeah, that's exactly right. we don't give them extensive training. we're not trying to teach policemen but we are trying to teach them enough whether it's eyewitness statements whether it's taking photograph, all of those can be used in a trial. however, we got to catch somebody doing something wrong. we've got to find evidence.
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>> reporter: according to general quantock. the 20050 rues were meant to kept possible insurgents locked up and secure a criminal conviction in the iraqi court system. but on the tapes of the army investigation into the killings of the four iraqi men, the u.s. soldiers made it clear it wasn't working that way. >> it seems like even if you do your job and take these guys to the detainee center they come right back and the same guys shooting at you. >> reporter: and in the field, the rules could be even stricter. in this document obtained by cnn, an army intelligence officer attached to alpha company said "statements from u.s. service members were not accepted as proof of insurgent activity." and that the detention facility required at least two witness statements from iraqis." general quantock told us iraqi witnesses were preferred but not required. with all due respect, general, what is the point of having soldiers in iraq fighting this
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type of war if they can't take alleged insurgents off the street? >> well, we've -- we've -- as we look at iraq we look at iraq as a long-term strategic partner of the united states. the sacrifice is well worth it. what we're trying to do is build capacity and capability for not only the iraqi force, the police, the iraqi army but also stand up the rule of law. >> reporter: the rules got even tougher this year. a security agreement with the government of iraq now requires an arrest warrant signed by an iraqi judge to detain someone. michael wattenton represents joseph mayo, one of the three somethings who shot a detainee. would you be surprised if other soldiers have done the same thing that these three soldiers did when they pulled the trigger. >> no, that wouldn't surprise me at all. soldiers will do what they have to do to stay alive following the law but if the law and rules don't protect them and soldiers
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will have to do to make sure they come back alive and their buddies come back alive. >> reporter: but do the frustration over these new standards of evidence lead to murder? did your husband reach his breaking point? >> there's never an excuse to execute anyone. they become judge, jury and executioner. [ female announcer ] now's the time to get more choices.
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marie callender's home-style creations -- a little touch of home for lunch. [ male announcer ] becky loves marie callender's home-style creations. but where does she find them? not in the freezer section. that's why becky uses gps. not that kind. go to the pasta or soup aisle to find marie callender's home-style creations. keep up the good work, becky. with four iraqis murdered and three u.s. soldiers blamed
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including first sergeant john hatley, his wife, kim, felt she had to do something. she came up with a video and these handwritten cards. in this field near her home in germany, where her husband was based she silently told her story. she very simply just wrote words on these cards to express what happened and how she was feeling. this one is interesting. to free these three american heroes. i mean, these men were convicted of premeditated murder. >> yes. >> but you skill call them heroes. >> of course. they served their country and they've been through a lot and so have the family members, but in life with any challenge, you
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can't just look at one incident. that does not define who these soldiers are. >> kim's husband was accused of coming up with the plan to kill the detapees. >> the decision was made. we are going to take these [ bleep ]. >> on this army interrogation tape the investigator tells hatley he already knows what happened at the canal. >> good concept, good concept. bad execution. and, you know, i'd like to make this right because if not we are going to have a couple of dozen [ bleep ] joes, a smeared unit lineage and a smeared united states of america over this. >> the investigator informed hatley the secret is out and it's bond to get worse. >> we have a hell of a lot of pretty damn concerned people way above my pay grade that are grabbing their ankles and
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bracing for be an ugly damn mess if this becomes a big drawn out public knife fight. >> hatley would eventually ask for a lawyer and that would end this session. he left no clues as to why he pulled the trigger that day. this video was shot during hatley's four day trial. you can barely make them out but that is john and kim hatley walking into court. >> go away for respect for them. >> soldiers shield him from our camera. they form a barricade, once again, protecting their leader. all three soldiers were convicted of premeditated murder and conspiracy to commit premeditated murder. in this military courtroom in vilsek, germany. they are all now prisoners at ft. levin worth in kansas. joshua hartson is the private
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who confronted our camera crew. he was one of the the last soldiers to see the four detainees alive. he said sergeant hatley was a father figure and to this day he feels the right decision was made at the canal. this was premeditated murder. when you hear those words and you know that you had a role, what are you thinking? >> why am i not in prison with them. >> should you be? >> i would love to say no, but, yeah. >> hartson along with most of the other soldiers at the canal were disciplined by the army and received immunity for their testimony. hartson left the army after a serious injury. kim hatley says she doesn't believe any of the soldiers should be in prison. did your husband reach his breaking point? >> that's a possibility. >> do you think he did?
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>> i'm not sure. i'm not sure. i know that he was tired. he actually told me that he was tired multiple times. there's quite a few medals on there. >> kim says her husband never told her why her husband came up with the idea to kill the four detainees, but these documents may provide some insight. they summarize an interview with an intelligence officer attached to alpha company. the intelligence officer states hatley and his soldiers once captured a suspected bombmaker, they found electronic parts to make explosives at his house. the detainee claimed he was an electronics repairman and let go. hatley and his soldiers were forced to bring him back to his house and giving him a letter of apology and a fistful of cash for his troubles.
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the officer stated a reasonable person will "do what they need to do to ensure the survival of the unit." we asked brigadier general david quantock of the policy in light of the killings at the canal. do you think the policy is so flawed that something like this could happen? >> there are the rules of war and those soldiers knew those. there is never an excuse to execute anyone. they become judge, jury and executioner. that is not the way we do things in the united states. that is not the way we are trained. that is not the way we do things in our army. >> the wives of these soldiers say the army let them down. >> he has been punished enough. he definitely wants to get out of there. he doesn't believe he belongs there, doesn't deserve to be there. >> in a moment, from inside the concrete walls at ft.levenworth,
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finally, first sergeant hatley's side of the story. e i feel congestion, p9right around here.
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