Navy prosecutors rested their case against Special Warfare Chief Edward Gallagher on Tuesday after six days of dramatic testimony, which included another SEAL taking responsibility for the death of the injured Islamic State fighter Gallagher stands accused of murdering.
The testimony of Joseph Warpinski, 34, the lead Navy Criminal Investigative Service agent assigned to Gallagher’s case, was the focal point of the prosecution’s final day of evidence. Defense attorney Marc Mukasey spent nearly four hours accusing Warpinski of unprofessional practices in an attempt to cast doubt on the case against Gallagher.
Mukasey claimed Warpinski recruited SEALs in Gallagher’s unit “to get on the ‘screw Eddie Gallagher train,'” alleging the agent sided with witnesses against the accused SEAL.
Warpinski denied the allegation, leading Mukasey to produce a transcript of his talk with Navy SEAL Chief Craig Miller, the first witness he interviewed.
“Did you or did you not tell Chief Miller you already had your take on the investigation on the first day?” Mukasey asked.
“I stand corrected,” Warpinski said.
Mukasey pointed to another interview, in which Warpinski told a witness the case was “black and white.”
Warpinksi said the statement was an “expression” used to “build rapport” with the witness.
“Sure, I made mistakes,” Warpinski said, after defending his professionalism during the investigation.
Gallagher, 40, stands accused of murdering an injured teenage ISIS fighter at a base outside of Mosul, Iraq, in 2017. Fellow SEALs have also accused him of shooting at innocent civilians, including a young girl and elderly man. Navy prosecutor Lt. Brian John said Gallagher’s behavior became so disturbing that other snipers would fire warning shots “to protect civilians from their own chief.”
The case took a dramatic turn last week when Special Warfare Operator First Class Corey Scott testified that he saw Gallagher stab the teenager in the neck, but said it was he who was ultimately responsible for his death when he closed off his breathing tube. Scott said he asphyxiated the fighter in order to save him from being tortured at the hands of Iraqi soldiers.
Despite the revelation, Navy prosecutors did not drop charges against Gallagher.
In addition to putting Warpinski on the stand Tuesday, the prosecution showed the jury pictures Gallagher texted to other SEALs, posing with the corpse of the teenage fighter.
“I got a cool story for you when I get back. I got my knife skills on,” Gallagher wrote to Senior Chief Stephen Snead. The attached photo showed Gallagher holding up the fighter’s head with his knife in his other hand.
Another text read “Good story behind this. Got him with my hunting knife.” Chief Warrant Officer Brian Gardner responded, “Nice. Be careful with pics.”
Gallagher’s case entered the national spotlight after reports surfaced in May that President Trump was considering him for a pardon. It was later revealed that prosecutors had embedded email tracking software in their correspondence with Gallagher’s defense team, leading Navy judge Capt. Aaron Rugh to dismiss lead prosecutor Chris Czaplak and release Gallagher from pretrial custody.
The defense team began calling its own witnesses Wednesday, with the trial expected to last another week. The seven-member jury will then deliberate and decide Gallagher’s fate. Unlike in civilian trials, the prosecution needs only five of the seven jurors to secure a conviction.
When asked Wednesday morning how confident he is that will be acquitted, Gallagher replied, “Very confident.”
