HQ Special Operations Command Central Press Release on SO2 McCabe’s not guilty verdict:

May 6, 2010, Norfolk, Va.  – Earlier today, a Special court-martial comprised of four Naval Officers and three Enlisted members found SO2 (SEAL) Matthew McCabe not guilty of assaulting an Iraqi detainee.  This was the third court-martial related to the assault that was alleged to have occurred on September 1, 2009 in Iraq.  SO1 (SEAL) Julio Huertas and SO2 (SEAL) Jonathan Keefe had been found not guilty of related charges at Special courts-martial held in Iraq last month.  

Upon learning of the verdict, Maj. Gen. Charles Cleveland, the Special court-martial convening authority, remarked, “I take my responsibility as a commander and convening authority very seriously and did not make the decision to refer these charges to courts-martial lightly.  While I had preferred to handle the incident administratively, Petty Officers Huertas, McCabe and Keefe exercised their right to have this matter handled by a court-martial.  The evidence  presented reasonable grounds to believe that offenses had been committed and that Petty Officers Huertas, McCabe, and Keefe had committed those offenses.  In the interests of justice and to maintain good order and discipline, I chose to proceed with the courts-martial. 

“I would like to extend my thanks and appreciation to the Naval Officers and Sailors who served as members in these cases.  They were given a difficult duty and accomplished it in a very professional manner.  I would also like to extend my sincere appreciation to the military trial and defense counsel, as well as to the civilian defense counsel, who handled this case.  Their efforts in pursuing the interests of justice and protecting the rights of the Sailors accused in these cases are outstanding examples of their dedication to protecting and defending our Constitution.

“Despite the opinion of some of those who preferred that these charges not proceed, I allowed these charges to go forward because I truly believe that the best process known for uncovering the truth, when the facts are contested, is that process which is found in our adversarial justice system.  There is no better way to discover the truth than by presenting evidence to an unbiased panel of members, having witnesses testify under oath, and having that testimony subject to vigorous cross-examination.

“Incidents such as the ones alleged in this case carry strategic implications for U.S. forces and U.S. National Security and ultimately cost the lives of Americans.  I will continue to take allegations such as this seriously, investigating them whenever they are brought to my attention, and acting on them when the evidence so dictates.  I look forward to SO1 (SEAL) Huertas, SO2(SEAL) McCabe, and SO2(SEAL) Keefe returning to their Team and continuing their duties in defending our great Nation.”

Lt. Col. Holly Silkman, spokesman for Special Operations Command Central, added, “General Cleveland is satisfied that the military justice process has been executed fairly and that thorough due process was carried out during the course of these three trial proceedings, consistent with the rule of law and the values of U.S. military justice that we fight to preserve as members of the U.S. military and as American citizens.”

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