Local soldier who testified against fellow troops says he "did the right thing"
| Friday, Nov 27 2009 05:17 PM
Last Updated Saturday, Nov 28 2009 04:52 PM
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Former Army Sgt. Jess Cunningham of Bakersfield has gone on a national news program to defend his disclosures in the execution deaths of four Iraqis.
He told CNN in a recent interview that he did "the right thing" by refusing to kill the Iraqi detainees and then revealing who did.
He stuck by his actions even after some asserted the killing of the detainees was an act of heroism that saved American lives. Shooting the blindfolded and bound Iraqis in the back of the head kept them from having another chance to kill American soldiers, critics have said.
Indeed, that was the professed motive of First Sgt. John Hatley, one of the three men convicted of murdering the Iraqis in 2007, according to court martial testimony.
Cunningham has come under fire for failing to disclose what he knew for nine months. He came forward only when he was facing discipline.
But Cunningham, a graduate of Arvin High School and a former Bakersfield College football player, told CNN his delay in reporting was only because he feared retaliation while he was in Iraq.
"Fear of being alone, fear of being the only one that had a problem it it, fear of so many things that could have happened to me," Cunningham told CNN.
His disclosures came after he went to a base in Germany.
Cunningham couldn't be reached for comment. But his father, Major Cunningham, said his son was "very smart" to wait. "Friendly fire could have taken my son's life very easily," his father said Friday. "He thought this through."
Even after Cunningham fingered the three soldiers who fired the shots he was also charged in the case.
Though Cunningham told officers he refused to participate in the killings, he was charged in July 2008 with conspiracy to commit murder. Those charges were dropped in February this year. He was given immunity to testify in the trials of Hatley, 40, Sgt. 1st Class Joseph Mayo, 27, and Sgt. Michael Leahy, 28.
Earlier this year, they were convicted of premeditated murder and conspiracy to commit murder. They are all behind bars at Fort Leavenworth, Kansas -- 40 years for Hatley and 20 years each for Mayo and Leahy.
Cunningham testified that Hatley asked him if he was ready to kill the detainees. Cunningham declined and remained in a Humvee as the other three went with the detainees. Cunningham heard the gunshots from about 50 yards away.
Cunningham told CNN that Hatley, Mayo and Leahy "are not heroes." Cunningham said he "did the right thing that day" by refusing to go along with shooting the detainees.
Mayo and Leahy ultimately confessed to killing one detainee each, while they said Hatley killed the other two, according to news reports.
An attorney for Hatley wasn't impressed with Cunningham's disclosures. David Court told CNN that Cunningham came forward only to get less punishment for the charges he faced.
At the time of his disclosure, Cunningham was facing discipline for allegedly assaulting Leahy. Cunningham told CNN that played no part in his coming forward on the killings.
Hatley's attorney also told CNN, "If I were Sgt. Cunningham, I'd be worried that, having broken the band of brothers, something might happen to me."
Cunningham replied to CNN that's exactly why he didn't come forward earlier.
CNN reported that the wives of the three asserted their husbands were heroes who should not be in prison. The wives said that had the Iraqis been set free, they would have come back and tried to kill American soldiers.
CNN reported that the military released 77,000 or 87,000 detainees that were locked up during the Iraq war because there was not enough evidence to hold them.
Brig. Gen. David Quantock told CNN, "There's never an excuse to execute anyone. They become judge, jury and executioner."
