Congressman Steven C. Latourette - Representing the People of the 14th Congressional District of Ohio
Date:  December 5, 2005
 
LaTourette and Ryan praise Army decision to drop all criminal proceedings against Twinsburg solider Erick Anderson
 
Will ask Rumsfeld to immediately promote Anderson to First Lieutenant and provide all back pay
 

(Washington, DC)  --  U.S. Reps. Steven C. LaTourette (R-OH) and Tim Ryan (D-OH) today praised the Army for clearing Twinsburg solider Erick Anderson of all criminal charges, including allegations that he murdered two Iraqi civilians in August 2004.

 The two Northeast Ohio Congressmen plan to ask Secretary of Defense Donald Rumsfeld to immediately promote Anderson to 1st Lieutenant and provide all back pay.  Anderson’s promotion has been on hold nearly a year as he fought murder charges.

 “I’m relieved the Army has done the right thing and stopped this senseless prosecution.  The case against Erick Anderson was shoddy from the get-go,” said LaTourette, a former prosecutor.  “I hope the Army will now do the honorable thing and take care of his promotion and pay issues.”

 Added Ryan, “I couldn’t be happier for Erick and his family.  It’s a shame they ever had to endure the pain of having Erick’s reputation egregiously attacked after the charges had been initially dismissed. Fortunately however, the Army has taken the first step toward clearing his good name by dropping these charges, but they must now act quickly to approve his promotion and provide the back pay that he’s owed.”

 The Army held an Article 32 hearing last month at Fort Riley, Kansas, to determine if Anderson, 26, should face court martial.  One of the main prosecution witnesses, a soldier convicted of murdering an Iraqi and serving a life sentence, took the stand and said he falsely implicated Anderson, his platoon leader.

 Anderson has always maintained his innocence and refused to consider a plea agreement.  His charges included murder, conspiracy to commit murder, dereliction of duty and making false statements.  LaTourette said Anderson’s lawyers presented a great case at the Article 32 hearing, adding that a conviction or plea on any charge would have been career-ending for Anderson.

 “Clearly, the Army could not prove the charges.  In the end, the system worked, warts and all, and justice prevailed.  There could not be a better Christmas gift for Erick and his family,” LaTourette said.

 LaTourette said a final report prepared by Investigating Officer James M. Ball after the Article 32 hearing speaks volumes about Anderson’s innocence.    Ball wrote:  “I submit the strongest possible recommendation that the Government dismiss all charges against 2LT Erick J. Anderson.  After meticulous examination of sworn statements and verbal testimonies, it is my overwhelming conclusion that the charges are unfounded and unsupported.  Furthermore, it is my unbiased, professional assessment that LT Anderson is an exemplary leader of the highest caliber.  Subordinates, peers and supervisors have testified that he clearly briefed the Rules of Engagement and demonstrated the Army values in combat.  In the words of the defense attorney, ‘LT Anderson is unconvictable in a court martial.’”

 Anderson, 26, was accused of ordering the killings of two Iraqi civilians in Baghdad in August 2004.  In two separate instances, Iraqis were shot by members of Anderson’s platoon.  Anderson was implicated after the soldiers had been convicted and were facing life in prison.   Anderson was charged in October with one of the murders – the death of an Iraqi teen that was termed a “mercy killing” – but all charges were dropped in January.  Anderson was immediately put back in combat and led a mortar platoon.  The Army refiled murder charges in October 2005, and leveled a second murder charge against him.

 Four soldiers in Anderson’s platoon were convicted of murder for the deaths of the two Iraqi civilians.  LaTourette and Ryan have been highly critical of the Army’s handling of the case and introduced a Sense of the House Resolution in October urging the Army to drop all charges.