Honor and Betrayal : The Untold Story of the Navy Seals Who Captured the "Butcher of Fallujah"-and the Shameful Ordeal They Later Endured (9780306823091) (54 page)

       
A.
No, sir
.

Puckett compelled Westinson to outline the initial events of that morning, when he left the holding cell in search of the medical paperwork, and then,

       
Q.
When Lieutenant Jimmy began his inquiry after the detainee was found to have a bloody lip, you told him there were some Team guys back there, but you did not tell him any names, is that right?

       
A.
Yes, sir
.

       
Q.
So even though you knew Carl was heading over to the detention facility you did not tell Lieutenant Jimmy? Is that right?

       
A.
Yes, sir
.

The attorney then established Westinson's somewhat-persecuted state of mind:

       
Q.
You felt all eyes were on you, correct?

       
A.
Yes, sir
.

       
Q.
You were also worried because you thought the detainee would run his mouth?

       
A.
Yes, sir
.

       
Q.
You were worried to be found derelict in your duties, correct?

       
A.
Yes, sir
.

       
Q.
Because, in fact, no SEALs should go back there to see the detainee, correct?

       
A.
Yes, sir
.

       
Q.
And then you were interviewed by an agent?

       
A.
Yes
.

       
Q.
You told him you saw a half-punch thrown by McCabe?

       
A.
I saw McCabe do what he did
.

       
Q.
You said it was McCabe, someone on your own Team?

       
A.
Yes
.

       
Q.
These guys were your friends?

       
A.
Yes
.

       
Q.
It's hard to do the right thing, isn't it?

       
A.
Yes
.

       
Q.
It takes courage, doesn't it?

       
A.
Yes
.

Puckett, having established the actions of the young master-at-arms, now switched to Westinson's official role as a Navy policeman.

       
Q.
How was everyone dressed that morning?

       
A.
I was wearing pants. I don't remember what the others were wearing
.

       
Q.
Did you wear a badge on this deployment?

       
A.
No. I never wore a badge
.

       
Q.
But, by training, you are a law enforcement officer?

       
A.
Yes. But I was not trained in detainee ops
.

       
Q.
And you did not immediately report the misconduct you watched?

       
A.
No, sir
.

       
Q.
And in fact you are guilty of dereliction of duty, as well as failure to report an offense under Navy regulations?

       
A.
Yes, sir
.

       
Q.
And, as a law enforcement officer, you have a duty to stop and prevent crime, don't you?

       
A.
Yes, sir
.

       
Q.
Yet you did not tell Petty Officer McCabe to knock it off when you saw him throw a punch?

       
A.
No, sir
.

       
Q.
You never said a word?

       
A.
No, sir
.

       
Q.
You did not even threaten to report Petty Officer McCabe?

       
A.
No, sir
.

       
Q.
But you say you had a conversation with the medic about the incident?

       
A.
Yes, sir
.

       
Q.
And you say that Petty Officer Keefe had a stick?

       
A.
Yes, sir
.

       
Q.
So the medic would have seen Petty Officer Keefe with that stick?

       
A.
He should have, sir
.

       
Q.
And you said Petty Officer Keefe was banging that stick to scare the detainee?

       
A.
Yes, sir
.

       
Q.
But you have not been charged with making a false official statement?

       
A.
No
.

Right here Puckett took a spell to demonstrate the utterly astounding fact that, despite the obviously doubtful conduct of his duties, no one had charged Westinson with anything. And Puckett continued harshly:

       
Q.
Or false swearing?

       
A.
No
.

       
Q.
Or perjury?

       
A.
No
.

       
Q.
Or dereliction of duty?

       
A.
No
.

       
Q.
Or failure to report an offence?

       
A.
No
.

       
Q.
And you have not been charged with assault?

       
A.
No
.

And at this point Puckett switched back to the scene of the alleged crime.

       
Q.
So the detainee is delivered?

       
A.
Yes, sir
.

       
Q.
Then Petty Officers Sam, Keefe, and McCabe show up minutes later?

       
A.
Yes
.

       
Q.
Then the medic needed paperwork and departs?

       
A.
Yes
.

       
Q.
He is gone a few minutes—over five minutes—and you decide to go look for him?

       
A.
Yes, sir
.

       
Q.
So you abandon the detainee, and both of you are looking for medical paperwork?

       
A.
A lot of that stuff is foggy
.

       
Q.
Then you return to see Petty Officer McCabe strike the detainee, and you said in one of your statements, “I froze.”

       
A.
Yes, sir
.

       
Q.
But we also know from your statements that Petty Officers Carl,

       
McCabe, Sam, Keefe, Jason, and Rob all were in the presence of the detainee without supervision?

       
A.
Yes, sir
.

       
Q.
And Petty Officer Eric came in an hour later?

       
A.
Yes, sir
.

       
Q.
So six or seven SEALs had direct contact with the detainee?

       
A.
I suppose so, sir
.

       
Q.
But you did not accuse all of them, did you?

       
A.
No, sir
.

       
Q.
But there was no reason for them to go back there?

       
A.
No, sir
.

       
Q.
But you saw Petty Officer McCabe punch somebody?

       
A.
Yes, sir
.

       
Q.
And you are a law enforcement officer?

       
A.
Yes, sir
.

       
Q.
And you did not report that?

       
A.
No
.

       
Q.
From the “abuse” around 0800, you never reported it?

       
A.
No, sir
.

       
Q
. Well, why did you not report this crime?

       
A.
It's the command climate. I felt I couldn't do my law enforcement job. The master-at-arms means nothing in their community
.

       
Q.
Did Lieutenant Jimmy scare you?

       
A.
No, sir
.

       
Q
. But you chose not to report this to him?

       
A.
I'm not happy I saw it. I wouldn't have reported it if it didn't happen
.

       
Q.
But in failing to report it, you lied to the lieutenant?

       
A.
Yes, sir
.

“No more questions,” replied Puckett.

With the Washington attorney finally through, Westinson's testimony was once more seriously discredited. And now began the long parade of witnesses who would walk through the courtroom to present the defense position that Brian Westinson was a confused young man.

Everyone felt a bit sorry for him in many ways. But not in one way—he had graphically described the beating handed out to the terrorist and said he saw Matt do it. Many people would never forgive him for that. Because too many people believed it was not true.

First came Paul Franco, the Navy reservist who held the rank of petty officer 1st class and had been overall supervisor of all non-SEALs at Camp Schwedler, the men who provided the deployed SEAL Teams with backup work in logistics, construction, coordination, and so forth.

He explained to the court how Westinson's immediate superior, MA1 Philip Cimino had left after a controversy over a force protection plan that left Westinson with a heavy workload, one with which he plainly could not cope. Some of Franco's testimony was colorful,
and he mentioned how he noticed Westinson, a few days after Objective Amber, walking through the camp “in tears, unshaven and disheveled.”

He asked what was the trouble, to which Westinson responded, “I hate this fucking place. This is a shitty deployment.”

“Well, what's wrong?” asked Franco.

“Nothing's wrong.”

But Petty Officer Franco swiftly found out that Westinson was ignoring some of his tasks in order to sit and watch the closed circuit camp protection system, and this was plainly “stressing him out.”