October 21, 2009
Military
Resistance 7J13
[GI
Special]
The
Ice Begins To Crack:
SSgt.
Says "Morale Has Gotten Low. I Will Say It On The
Mountaintops"
Nervous
Army Commander In Afghanistan Forced To Reply To Reports Of Low
Morale Among His Troops:
His
Letter To Soldiers Admits They Are Questioning The Mission:
"'Some
May Ask Why’ Efforts To Clear Valleys Of Insurgents Or Keep
Roads Open Are 'So Important (Or) Really Worth It’"
"Staff
Sgt. Stephen Barnes, A Squad Leader Fighting In The Tangi Valley,
Says: 'Morale Has Gotten Low. I Will Say It On The
Mountaintops’"
Haight
said he wrote the letter after a request by Capt. Jeffery Masengale,
a chaplain who told British newspaper The Times that many soldiers
worried their mission was pointless and the Afghans reluctant to help
them.
Oct
17, 2009 By Gregg Zoroya, USA TODAY
WARDAK
PROVINCE, Afghanistan — An Army commander in Afghanistan has
responded to concerns about low morale among his troops in a personal
letter that assures them they are contributing to the "overall
success of the mission" here.
As
the Obama administration debates the military strategy in
Afghanistan, the letter offers a rare glimpse about how that debate
is playing out among troops on the battlefield in one of the
country’s most violent provinces.
Col.
David Haight, of the 10th Mountain Division’s 3rd Brigade
Combat team, sent the letter to the 3,500 men and women after two of
them were killed in combat and his chaplains reported that many were
disillusioned about the war.
"From
the individual’s foxhole, it is probably often difficult to see
the bigger picture," wrote Haight, who provided a copy of the
letter to USA TODAY.
Haight
wrote that "some may ask why" efforts to clear valleys of
insurgents or keep roads open are "so important (or) really
worth it. ... I am here to solemnly testify that it is all
important."
In
an interview after sending out the letter, Haight said that some of
the public debate may have reached soldiers in the ranks.
"I
can tell a soldier to do anything, and he may or may not in his mind
question why," Haight said. "But if you explain the why
very, very clearly, he will not only accomplish the mission, but he
will do the mission to a much higher standard."
"Morale
is something that varies by person and circumstance," said Army
Lt. Col. Mark Wright, a Pentagon spokesman. "But based on
conversations with commanders in the field, morale across the force
is generally pretty good."
The
letter itself wasn’t unusual, said Lt. Col. Paul Swiergosz,
spokesman for 10th Mountain Division, based at Fort Drum, N.Y. Haight
writes a letter every month in the unit’s newsletter, Swiergosz
said. He said the unit’s soldiers remain focused on their
mission.
Haight
said he wrote the letter after a request by Capt. Jeffery Masengale,
a chaplain who told British newspaper The Times that many soldiers
worried their mission was pointless and the Afghans reluctant to help
them.
Masengale
declined to comment.
Staff
Sgt. Stephen Barnes, a squad leader fighting in the Tangi Valley,
said "there’s a lot of soldiers that are going to be glad
as hell that (the chaplain) has spoken up. Because out of fear
of reprisal, they don’t speak. I will say it.
Morale has gotten low. I will say it on the mountaintops."
MORE:
This
Should Just Do Wonders For Morale #1:
"Army
Canceling The Deployment Of 3,500 Fort Drum Troops To Iraq"
They
"Might Be Headed To Afghanistan Instead"
Oct
16, 2009 The Associated Press
FORT
DRUM, N.Y. — The Army is canceling the deployment of 3,500 Fort
Drum troops to Iraq in January.
Fort
Drum spokeswoman Julie Cupernall says there’s no word yet on
whether the 3,500 troops of the 10th Mountain Division’s 1st
Brigade Combat Team might be headed to Afghanistan instead as part of
a troop level increase now being debated by the Obama administration.
MORE:
This
Should Just Do Wonders For Morale #2:
Bagram
Base Trauma Hospital Getting "More Than 3,000 Wounded U.S.
Soldiers Each Month"
October
15, 2009 By David Axe, The Washington Times [Excerpts]
As
the Obama administration debates the need for additional U.S. troops
in Afghanistan, commanders at Bagram Air Base say their facilities
already are overwhelmed by existing demand.
More
than 3,000 wounded U.S. soldiers each month already have forced the
trauma hospital at the base -- the only one of its kind in all of
Afghanistan -- to expand into a cluster of air-conditioned tents
erected beside the main building.
At
present, aerial port workers cannot distribute pallets, via airplanes
and helicopters, as fast they receive them. Deliveries to
active combat zones often require the services of an Air Force C-130
like Col. Tony’s. Incoming shipments, in contrast, often arrive
on contracted civilian aircraft.
MORE:
This
Should Just Do Wonders For Morale #3:
Correction:
"640,000"
"At
The Accepted Counter-Insurgency Soldier/Citizen Ratio Of 1:50, And
Afghanistan With A Population Of 32 Million, A Total Of 640,000
Troops Would Be Required"
From:
Don Bacon {Veteran & The Smedley Butler Society]
To:
Military Resistance
Sent:
October 17, 2009
Subject:
Afghanistan
re:
250,000 U.S. Combat Troops required in Afghanistan
You’re
low-ballin’ it, chief.
[This
refers to a comment, clearly badly mistaken, in last issue of
Military Resistance; "Counterinsurgency-For-Beginners
established years ago the basic rule of thumb that a 10 to 1 ratio is
necessary to defeat a national resistance movement. T"]
FM
3-24, COUNTERINSURGENCY*: "Most density recommendations fall
within a range of 20 to 25 counterinsurgents for every 1000
residents"
http://www.fas.org/irp/doddir/army/fm3-24.pdf
At
the accepted counter-insurgency soldier/citizen ratio of 1:50, and
Afghanistan with a population of 32 million, a total of 640,000
troops would be required.
*A
product of the current CENTCOM commander and McChrystal’s boss,
Petraeus.
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IRAQ
WAR REPORTS
Insurgents
Destroy 2 Bridges In Anbar:
Attacks
Pick Up In Western Iraq
October
18, 2009 By Uthman al-Mokhtar, Washington Post Foreign Service
[Excerpts]
RAMADI,
Iraq, Oct. 17 -- Insurgents detonated a truck loaded with five tons
of explosives Saturday on a bridge here that links western Iraq to
Jordan and Syria, pulverizing part of the overpass and paralyzing
traffic for hours.
Another,
smaller bridge was also destroyed in Fallujah, where a roadside bomb
struck an Iraqi military patrol on the highway, killing four soldiers
and wounding 14 others, said Sulaiman al-Dulaimi, a spokesman for the
Fallujah General Hospital.
The
attacks underlined the potency that insurgents still wield in a
long-restive Anbar province that the U.S. military and Iraqi
government tout as a showcase of their success in defeating the
insurgency.
They
come after numerous attacks that have led many Anbar residents to
fear that fighting may worsen as the U.S. military withdraws,
insurgents remain and tribal rivalries mount ahead of parliamentary
elections in January.
In
each case, the attacks seemed to suggest a certain sophistication.
At
the hospital, Lt. Hussein Jum’a said the roadside bomb in
Fallujah weighed more than 40 pounds "and was planted on the
side of the main highway by experienced hands."
The
larger bridge that was destroyed spanned the Euphrates River in
Anbar’s provincial capital, Ramadi.
The
insurgents were able to smuggle the explosives through checkpoints
meant to control traffic in and out of the city. Fighters have
targeted bridges in the past, particularly during the peak of the
insurgency.
Col.
Salih al-Dulaimi, the police commander in Ramadi, said the blast
hurled chunks of concrete from the bridge into the river. The
bridge itself is near the house of Ahmad Abu Risha, a tribal leader
whose brother led a U.S.-backed militia that helped calm the
insurgency before he was assassinated on Sept. 13, 2007.
"At
first I thought an airplane had struck the bridge because the
powerful explosion shook the entire area," said Jassem Khalifa,
a 29-year-old witness. "I saw huge concrete blocks flying in
the air before landing on the ground or into the Euphrates.
"If
insurgents can possess five tons of explosives and use them freely to
destroy bridges, then it would be a shame to claim that we have
achieved security," he said.
The
bridge’s destruction effectively severed the well-traveled land
route between Iraq and Syria and Jordan, stranding hundreds of trucks
on both sides of the river and forcing many to seek an alternative
route along unpaved, dangerous roads. The U.S. military also uses the
road to transport equipment out of the country.
AFGHANISTAN
WAR REPORTS
U.S.
Service Member Killed Somewhere Or Other In Afghanistan
18
Oct. 2009 ISAF Public Affairs Office
One
U.S. service member was killed in an improvised explosive device
attack in southern Afghanistan, Oct. 18.
Rhinelander
Soldier Killed In Afghanistan
Sgt.
Ryan Adams
Oct.
3, 2009 By Mike Johnson of the Journal Sentinel [Excerpts]
A
Wisconsin Army National Guard soldier from Rhinelander was killed and
seven other Guard soldiers were injured Thursday in Afghanistan when
they were attacked by enemy forces using rocket-propelled grenade
fire.
Sgt.
Ryan Adams, 26, died in Logar province of wounds suffered in the
attack, the Department of Defense said Saturday.
The
National Guard declined to release the names and the severity of the
injuries of the wounded soldiers. The soldiers were receiving medical
care as needed, and their families had been notified of the injuries,
according to a Guard statement.
Adams
joined the Guard in 2001 after he graduated from Rhinelander High
School because he wanted to serve his country, his uncle, Patrick
Adams of West Bend, said Saturday. "He was very proud to
serve his country. He was incredibly proud to be a soldier, and he
loved doing what he did," said Patrick Adams, who was with Ryan
Adams’ parents in Rhinelander on Saturday.
His
parents, Peter and Jalane, did not want to speak to reporters,
Patrick Adams said. But they released a statement to WJFW-TV (Channel
12) in Rhinelander that states: "We are very proud of our son.
He was where he wanted to be, doing what he wanted to do. He did it
with pride and honor. He was a great soldier, and he is our hero."
Ryan
Adams was deployed with the Guard’s 951st Engineer Company
(Sapper). About 100 soldiers from the Rhinelander and Tomahawk-based
unit were sent to Afghanistan, where they conduct route-clearance
operations for the Army’s 101st Airborne Division, the Guard
said.
It
was the second tour of duty for Adams and his unit. It was deployed
to Iraq from May 2003 to April 2004 when it was Company C, 724th
Engineer Battalion, the Guard said.
At
Rhinelander High School, Ryan Adams was a quarterback on the football
team and also played baseball, Patrick Adams said.
Ryan
Adams also volunteered with Angels on My Shoulder, a nonprofit cancer
support group in St. Germain. The group runs camps for children
affected by cancer, visits cancer patients at hospitals and clinics,
provides weekend retreats for cancer caregivers, and has programs for
cancer survivors.
"It
was an important cause to him," Patrick Adams said.
Adams’
parents have set up a memorial fund at Park City Credit Union, and
contributions will be donated to Angels on My Shoulder. Donations can
be sent to the Ryan Adams fund, Park City Credit Union, P.O. Box 464,
Rhinelander, WI 54501.
As
soon as he learned of Ryan Adams’ death, Rhinelander Mayor
Richard Johns said he ordered the Fire Department to lower its U.S.
flag to half-staff to honor the soldier. Johns said flags at other
city locations would be lowered to half-staff over the weekend as
well.
"It’s
rough when you lose one of your people. It’s a terrible thing
to happen in our community, and our condolences go out to the
family," Johns said Saturday.
Johns
said he had no word about the other soldiers who were injured or the
extent of their injuries.
Brig.
Gen. Donald Dunbar, the Guard’s adjutant general, also ordered
flags at all Wisconsin National Guard armories, air bases and other
facilities lowered to half-staff beginning Sunday in honor of Adams
and continuing until sunset on the day of his funeral.
"With
all 10,000 of Sgt. Adams’ fellow soldiers and airmen of
Wisconsin’s National Guard, I salute his service to his
community, state and nation; and I pray for the protection and safe
return of all the soldiers and airmen of the Wisconsin National Guard
now serving overseas in harm’s way," Dunbar said in a
statement. Funeral services for Ryan Adams have not been set.
Notes
>From A Lost War:
"We’re
Resupplying Between 30% And 40% Of Our Forward Operating Bases By Air
Because We Just Can’t Get To Them On The Ground"
"The
Taliban Control Much Of The 'Ring Road,’ A Circular Route
That Links Afghanistan’s Few Major Cities"
"Trucking
Contractors Aren’t Making It" "The Taliban
Are Just Wiping Them Out"
"Such
Constraints Will Limit The Flow Of Troops To Afghanistan To About One
Brigade — Some 4,000 Troops — A Month"
Private
truck drivers "strike often, delay delivery of fuel or arrive
at destinations with fuel missing," the Government
Accountability Office reports. In June 2008, 44 trucks and
220,000 gallons of fuel were lost to enemy attacks or plunder.
Oct.
3, 2009 Asmaa Waguih, Reuters [Excerpts]
The
Taliban’s lengthening shadow across Afghanistan is making it
increasingly difficult to supply the 65,000 troops there now or to
send in reinforcements.
"We’re
resupplying between 30% and 40% of our forward operating bases by air
because we just can’t get to them on the ground," says a
senior Army logistician, speaking on condition of anonymity,
referring to the roughly 180 U.S. outposts around the country.
That’s
because the Taliban control much of the "ring road," a
circular route that links Afghanistan’s few major cities.
"Trucking
contractors trying to supply some of them aren’t making it,"
he adds. "The Taliban are just wiping them out."
Such
constraints will limit the flow of troops to Afghanistan to about one
brigade — some 4,000 troops — a month.
Most
U.S. troops arrive in Afghanistan via air, largely through the Manas
air base outside Biskek, Kyrgyzstan. But little of their gear
gets there the same way.
Instead,
it’s crammed aboard ships, departing primarily from U.S. ports
for the 45-day voyage to Karachi, Pakistan. Then there’s
at least two weeks of ground travel into Afghanistan.
The
challenge, says one Marine officer preparing to head to Afghanistan
if Obama gives the order, is to marry up his unit’s 5,000
troops with their gear, including 2,000 vehicles, somewhere in the
middle of Nowhere-istan at the same time.
"There’s
a lot of physics you can’t overcome when it goes by sea,"
he says. All his gear, except for vehicles carrying top-secret
communications gear, will get there by ship. "You don’t
want those," he notes, "going by container ship through
Karachi."
Logistical
woes persist even once U.S. troops are at their assigned outposts.
Private
truck drivers "strike often, delay delivery of fuel or arrive
at destinations with fuel missing," the Government
Accountability Office reports.
In
June 2008, 44 trucks and 220,000 gallons of fuel were lost to enemy
attacks or plunder.
Beyond
the convoy attacks, the U.S. has used Russian aircraft to fly armored
vehicles into the country, and is seeking private contractors to
defend U.S. bases and convoys across the entire country.
The
Pentagon’s pending solicitation says interested companies must
be capable of preventing "any intrusion by unauthorized
personnel, theft, destruction of, or damage to property within the
secured boundaries, and the facilities themselves."
That’s
a tall order that even the U.S. military hasn’t been able to
fill.
U.S.
Command Ignored Warnings Before Deadly Afghan Attack:
Three
Intelligence Reports Dismissed Days Before Eight U.S. Soldiers
Killed;
"Why
Didn’t They React And Have Immediate Support On Site, Based On
The Intelligence"
October
16, 2009 By Bill Gertz, The Washington Times
Three
intelligence reports warned that Taliban insurgents were planning an
attack just days before this month’s raid on two remote
military outposts in eastern Afghanistan that killed eight U.S.
soldiers, but the reports were dismissed as insignificant, U.S.
officials told The Washington Times.
As
a result, military officials did not send additional troops or make
preparations to protect the 140 U.S. and Afghan troops at the combat
outposts near Kamdesh in Nuristan province by the Pakistan border,
the officials said.
Army
Maj. T.G. Taylor, a spokesman for the Army’s Task Force
Mountain Warrior, told The Times that the three reports did not stand
out among hundreds of others and that the intelligence was deemed to
be not specific and uncorroborated.
One
U.S. official, who spoke on the condition of anonymity because of the
sensitivity of the information, said that despite the Army’s
characterization of the reports as insignificant, some of the
reporting was included in finished intelligence that circulated in
classified channels throughout the region before the attack.
Finished
intelligence is material that has been analyzed and determined to be
of value.
A
former senior Army officer said the intelligence should have prompted
action to provide the outposts with more defenses.
"Why
didn’t they react and have immediate support on site, based on
the intelligence, and even based on the initial attack that
occurred?" retired Maj. Gen. Paul E. Vallely asked.
BAD
IDEA:
NO
MISSION;
POINTLESS
WAR:
ALL
HOME NOW
US Marines
climb through a mountain region suspected of being used by Taliban
fighters while on patrol through an Afghan village in Farah Province,
southern Afghanistan, September 29. (AFP/File/David Furst)
Soldiers
from the U.S. Army’s Charlie troop, 371 Cavalry, 3rd brigade of
10th Mountain Division based in Fort Drum, New York, patrol in
Kherwar district in Logar province October 3, 2009.
REUTERS/Nikola Solic
A U.S.
Marine with Bravo Company, 1st Battalion 5th Marines on patrol in
Nawa district, Helmand province, southern Afghanistan, Oct. 3, 2009.
(AP Photo/Brennan Linsley)
Soldiers
from the U.S. Army’s Charlie troop, 371 Cavalry, 3rd brigade of
10th Mountain Division based in Fort Drum, New York, patrol in
Kherwar district in Logar province October 4, 2009.
REUTERS/Nikola Solic
TROOP
NEWS
HOW
MANY MORE FOR OBAMA’S WARS
U.S.
Air Force medical staff prepare to load wounded servicemen and women
onto a C-135 aircraft for transport to Landstuhl Regional Medical
Facility in Germany for further medical treatment, at Bagram Air
Field in Afghanistan, Oct. 13, 2009. (AP Photo/Maya Alleruzzo)
15,000
More Soldiers Off To Obama’s Imperial Slaughterhouse;
Two
More Units Extended
Oct
10, 2009 Army Times
About
15,000 soldiers from three brigade combat teams and one armored
cavalry regiment will deploy to Iraq beginning in summer 2010, the
Defense Department announced Thursday.
In
addition, two units currently in Iraq will be extended to support the
country’s elections in January.
The
units that will deploy this summer will replace units already in
theater, DoD said, so their deployments will not increase U.S. troops
levels there.
These
units, which will serve as advisory and assistance brigades, are:
• 4th
BCT, 3rd Infantry Division, Fort Stewart, Ga.
• 2nd
Stryker Brigade Combat Team, 25th Infantry Division, Schofield
Barracks, Hawaii
• 3rd
Armored Cavalry Regiment, Fort Hood, Texas
• 4th
BCT, 1st Cavalry Division, Fort Hood
The
units that will be extended, at the request of Gen. Ray Odierno,
commander of Multi-National Force-Iraq, are the 1st Cavalry Division
headquarters and elements of the II Marine Expeditionary Force.
The
1st Cavalry Division headquarters, which is in charge of
Multi-National Division-Baghdad, will be extended for up to 23 days,
while the Marine elements will be extended up to 79 days. II
MEF currently runs Multi-National Force-West.
The
extensions are to ensure that "key capabilities are maintained
during the critical period following the January elections,"
according to DoD.
In
addition, the extension will provide additional support for the
orderly redeployment of the remaining Marine forces and equipment.
"I
Used My Authority To Block Attempts By My Executive Officer To Demean
And Prosecute A Man Because He Thought The Sailor Was Gay"
[Thanks
to Mark Shapiro, Military Resistance, who sent this in.]
Letter
To The Editor
Oct
16th, 2009
Washington
Post
In
1989, as commanding officer of a Navy carrier-based squadron, I used
my authority to block attempts by my executive officer to demean and
prosecute a man because he thought the sailor was gay. I would
not allow such harassment.
The
sailor in question had an outstanding performance record and was
serving his country with honor. What possible difference did it
make whom he loved?
It’s
time for the people of this country to show some courage in the face
of the bigots who would shame, condemn, abuse or demean gay, lesbian,
bisexual and transgender citizens.
As
Americans, we are all pledged to uphold the Constitution of the
United States. Accordingly we are legally and morally bound to enact
legislation that ensures the law shall be applied equally to all of
us, regardless of our differences and especially if those differences
incite prejudice in others.
Anything
less is gay-bashing.
I
hope the citizens of this country do not continue to dishonor my
military service by continuing to permit gay-bashing.
ROBERT
J. McNAMARA
Hilliard,
Ohio
Major
Arrested For Producing Child Porn:
"Including
One Involving An Infant Who Appeared To Be Less Than A Year Old"
Oct
16, 2009 By Michelle Tan - Staff writer; Army Times
FBI
agents arrested an Army lawyer and West Point graduate Wednesday on
charges of producing and distributing child pornography.
Maj.
Daniel A. Woolverton of Arlington, Va., 35, is scheduled to appear in
court Friday, according to the U.S. Attorney’s Office for the
Eastern District of Virginia.
Court
documents state Woolverton faces one count of production of child
pornography and two counts of distribution of child pornography. All
three are felonies.
As
of Thursday, an attorney for Woolverton was not listed in federal
court records.
The
case began May 22, when an undercover FBI special agent, using
peer-to-peer software, came upon a user named "VERONICA_S2000"
who had made available for sharing "several child pornography
images and videos," according to an affidavit submitted to the
court by FBI Special Agent Chad Gallagher.
The
undercover agent browsed through the user’s folder and viewed
images that appeared to be child pornography, according to the
affidavit.
On
or about July 21, through an administrative subpoena, investigators
learned that the images were coming from an IP address assigned to a
Daniel Woolverton at an Arlington address, according to the
affidavit.
FBI
agents searched the address Wednesday and seized a 4-gigabyte camera
memory card that contained about 19 images and videos depicting
sexually explicit conduct, including one involving an infant who
appeared to be less than a year old, according to the affidavit.
DANGER:
POLITICIANS AT WORK
Troops
Invited:
Comments,
arguments, articles, and letters from service men and women, and
veterans, are especially welcome. Write to Box 126, 2576
Broadway, New York, N.Y. 10025-5657 or send email to
contact@militaryproject.org:
Name, I.D., withheld unless you request publication. Same
address to unsubscribe. Phone: 888.711.2550
POLITICIANS
CAN’T BE COUNTED ON TO HALT THE BLOODSHED
THE
TROOPS HAVE THE POWER TO STOP THE WARS
CLASS
WAR REPORTS
Antonio
Zuñiga:
Presumed
Guilty
"Crooked
Cops Regularly Solve Cases By Grabbing The First Person They Find,
Often Along With A Cooked-Up Story From Someone Claiming To Be An
Eyewitness"
"Asked
By The Lawyer Why She Was Prosecuting An Innocent Man, The Prosecutor
Says With A Weak Smile: 'It’s My Job’"
"One
Of The Police Sidled Up To Him And Suggested He Could Make The Whole
Thing Go Away By Offering Them Money"
Antonio
Zuñiga behind bars during his trial. He was released
April 3, 2008. Photo: Abogados con Cámara
OCTOBER
17, 2009 By DAVID LUHNOW, Wall St. Journal [Excerpts]
Mexico
City
Antonio
Zuñiga’s life changed when he went for a walk on Dec.
12, 2005. As he crossed a busy Mexico City avenue, two burly
cops grabbed him from behind and shoved him into a patrol car.
So
began a nightmarish journey into Mexico’s legal system that
seems lifted from the pages of Franz Kafka.
For
nearly two days, the street vendor was held incommunicado and not
told why he was arrested. His questions met with hostile stares
from detectives, who would say "You know what you did."
He
says in an interview that he only learned of the charges after
walking into a holding cell and being asked by a prisoner: "Are
you the guy accused of murder?"
Mr.
Zuñiga, then 26, was charged in the shooting death of a gang
member from his neighborhood.
Ballistic
tests showed Mr. Zuñiga hadn’t fired a gun. Dozens
of witnesses saw him working at his market stall during the time of
the murder, which took place several miles away. And he had never met
the victim. Still, he was found guilty by a judge at trial and
sentenced to 20 years in prison.
Mr.
Zuñiga’s case is not unusual in Mexico.
Crooked
cops regularly solve cases by grabbing the first person they find,
often along with a cooked-up story from someone claiming to be an
eyewitness.
Prosecutors
and judges play along, eager to calm a growing public outcry over
high crime rates and rising violence from Mexico’s war on
illicit drug gangs.
In
practice, suspects are often presumed guilty.
More
than 85% of those charged with a crime are sentenced, according to
Mexico’s top think tank, the Center for Investigation and
Development, or CIDE.
"At
A Screening In Mexico City On Thursday Night, The Audience Gave A
Standing Ovation. Many Were In Tears"
Australian
documentary filmmaker Geoffrey Smith won international acclaim for
2007’s "The English Surgeon," a documentary about a
London neurosurgeon who performs brain surgeries in the Ukraine.
Earlier
this year, Mr. Smith found himself in Mexico, where he was asked by a
friend to take a look at the first cut of "Presumed Guilty,"
a documentary about Mexico’s legal system. Mr. Smith was so
moved by what he saw that he agreed to help the film’s makers –
lawyers Roberto Hernandez and Layda Negrete – re-edit the film.
"Presumed Guilty" premiered at the Toronto Film Festival
in September.
WSJ:
How can a film like this change things in Mexico?
Mr.
Smith: This is a David and Goliath story of two people who took on a
system. It’s beautiful and so heartfelt and gives so many
people inspiration that change is possible.
At
the screenings, you can see the righteous indignation. People are
angry, but they also want to channel that anger and do something
about it.
I
call it the positive use of anger.
And
it’s not just Mexico that needs changing in its justice system.
This
is something that can happen to any of us.
At
the screening in Toronto, we had two men who were wrongly accused and
spent, between them, 54 years in Canadian prisons for crimes they did
not commit.
It
was powerful for the audience to see that this, too, happens in their
own country." -- David Luhnow
Mr.
Zuñiga’s story has a twist. His plight attracted
the attention of Roberto Hernández and Layda Negrete, a
married pair of lawyers who are also graduate students at the
University of California at Berkeley. The couple took on his case,
won a retrial, and in a stroke of luck, convinced a Mexican official
to let them film the ensuing trial, which lasted for more than a
year.
The
result is a 90-minute documentary called "Presumed Guilty"
that offers a rare—and chilling—glimpse of Mexico’s
dysfunctional legal system. The film was an official selection at the
prestigious Toronto Film Festival, and won top documentary honors at
Mexico’s Morelia Film Festival.
Festival
organizers decided to screen it in the city’s central plaza,
where 2,000 people turned up to watch.
At
a screening in Mexico City on Thursday night, the audience gave a
standing ovation. Many were in tears.
"He’s
Here (In Prison), Right? He Must Have Done Something"
Unlike
the U.S., Mexico’s legal system has no jury trials. In the
majority of cases, there are also no oral arguments, meaning lawyers
don’t stand in front of a judge to plead their client’s
case.
Judges
usually never meet the accused. Everything is done via paperwork.
Judges are subject to a Napoleonic code of justice, meaning laws are
strictly codified, leaving them little room for judgment.
Most
Mexicans have no idea what happens in a courtroom. Only
specific parts of a trial are open to family members and others. The
rest, including evidence for or against the accused, is sealed to the
public until the case is closed.
The
film offers viewers a front row seat to an ordinary case. The result
is not pretty.
When
asked by one of Mr. Zuñiga’s defense lawyers what
evidence he has against Mr. Zuñiga, the detective in charge of
the case says: "He’s here (in prison), right? He must
have done something."
Asked
by the lawyer why she was prosecuting an innocent man, the prosecutor
says with a weak smile: "It’s my job."
Mr.
Zuñiga lost the retrial.
The
footage of the proceedings from the documentary, however, was so
shocking that a panel of judges on an appeals court freed Mr. Zuñiga.
The
prosecutor did not respond to requests for comment. Both Mexico
City’s police department and the Supreme Court said they could
not comment on Mr. Zuñiga’s case or judicial matters in
general.
For
Mr. Hernández and Ms. Negrete, this is the second time they
have led to the release of an innocent man. In 2005, they filmed a
14-minute video about the legal system that featured a young man
wrongly accused of stealing a car. He was released soon after.
"It’s
an expensive way to fix injustice in Mexico," says Mr.
Hernández, 34. The pair hope to pass a law allowing every
criminal trial to be filmed. They have a Facebook page called Lawyers
With Cameras.
Someone
committing a crime in Mexico has only a two in 100 chance of getting
caught and punished, according to Guillermo Zepeda, a CIDE scholar.
A
big reason is that just 12% of crimes are reported to the police, Mr.
Zepeda says.
In
a big deterrent, police ask many people who report crimes for money
to solve the case or become suspects themselves, Mr. Zepeda says.
According
to a survey of 400 criminal cases in Mexico City carried out by
National Center for State Courts, a U.S. nonprofit, in nine of 10
cases, suspects were found guilty without any scientific evidence
like fingerprints or DNA. In more than six of every 10 cases,
suspects were arrested within three hours of the crime, leaving
little time for serious detective work, according to a study from
CIDE, a top Mexican graduate school. Almost none were shown an arrest
warrant, the study said.
Most
police officers are judged on the number of arrests they make, not
whether they arrest the right person.
The
same goes for prosecutors. "You want a good career?
Accuse, Accuse, Accuse," one Mexico City prosecutor said.
Simply
being accused is bad news.
Because
Mexico doesn’t allow bail for serious crimes, an estimated 42%
of Mexico’s inmates languish in jail without having faced
trial—some 90,000 people, according to a study by the Open
Society Institute, the New York based non-profit funded by financier
George Soros.
The
medieval legal system is a major handicap for the country as it tries
to modernize and bring to heel powerful drug gangs that have declared
war on each other and the government. But analysts say the
offensive will stall without meaningful reform to police forces and
the court system.
Last
year, Congress amended the Constitution to incorporate the
presumption of innocence into modern Mexican law, as well as allow
oral trials in most cases. The problem: Mexican states have until
2016 to implement the changes.
As
part of that reform, the Calderón government won a change
allowing police to detain suspects without an official warrant for up
to 40 days, from just two days previously. The government
argues it needs to do this for the drug war.
Having
won that concession, however, advocates say the Calderón
government is now dragging its feet in implementing the judicial
reforms that might make cops and judges more accountable.
"After
He Repeatedly Insisted He Was Innocent, One Of The Police Sidled Up
To Him And Suggested He Could Make The Whole Thing Go Away By
Offering Them Money"
Detective
Jose Manuel Ortega. Photo: Abogados con Cámara
In
Mr. Zuñiga’s case, he was accused of murder based on the
testimony of a single person and nothing else. That person, it
turned out, was the cousin of the gang member who had been killed and
was arrested as a suspect shortly after the shooting.
The
suspect, Victor Daniel Reyes, initially told police in two separate
interviews that his cousin was shot by three other gang members,
nicknamed Luis, Ojitos (Little Eyes), and Crucitos (Little Cross). He
said Luis, the gang leader, fired the gun. He never mentioned Mr.
Zuñiga, according to court testimony.
The
day after the murder, police took Mr. Reyes to the neighborhood to
find the three gang members. After hours of searching, Mr.
R
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