The witness who said in court he, not accused Special Warfare Chief Edward Gallagher, killed an injured ISIS fighter in Iraq in 2017 could face perjury charges.
Navy Capt. Donald King informed Petty Officer Corey Scott’s attorney Brian Ferguson that his client’s testimony could be used against him if he lied on the stand or to prosecutors.
Scott’s testimony contradicted “previous official statements — thus exposing him to prosecution — I feel compelled to ensure you understand this,” King reportedly wrote in an email.
“We are reviewing Petty Officer Scott’s statement in light of his recent testimony but no decision have been made,” Cmdr. Tam Lawrence, Naval Special Warfare spokeswoman, told the Associated Press.
Scott stunned the courtroom in San Diego last week when he said he asphyxiated the teenage fighter by placing his thumb over the teenager’s breathing tube. While he admitted to seeing Gallagher stab the fighter in the neck, he said he was ultimately responsible for his death.
Scott said he killed the fighter to save him from Iraqi captors because he had previously seen them torture, rape, and kill prisoners.
“I knew he was going to die anyway,” Scott said. “I wanted to save him from waking up to what had happened next.”
This testimony flustered a Navy prosecutor, who proceeded to call his own witness a liar. Lawrence said that prosecutors granted Scott immunity in exchange for truthful testimony.
Gallagher, 40, is charged with murder and attempted murder for killing the prisoner and shooting civilians while deployed near Mosul, Iraq. Several SEALs who were under Gallagher’s command told investigators that the chief constantly engaged in reckless behavior.
“I shot more warning shots to save civilians from Eddie than I ever did at ISIS. I see an issue with that,” Navy SEAL Dalton Tolbert texted fellow members of SEAL Team 7 after returning home from deployment.
Timothy Parlatore, Gallagher’s lead defense attorney, reiterated his client’s innocence, saying the accusations come from upset subordinates and an overzealous prosecution team.
“[T]his is not a murder, this a mutiny, this is a group of young disgruntled sailors that didn’t like being told that they were cowards, and so they decided to conspire to take down the chief,” Parlatore told reporters prior to the trial’s start last week.
Gallagher’s case drew national attention in May when it was reported that President Trump was considering him for a pardon. The case took another dramatic turn when it was revealed that Navy prosecutors had embedded email tracking software in their exchanges with the defense team, which ultimately led to the dismissal of the lead prosecutor, Cmdr. Chris Czaplak, and Gallagher’s release from pre-trial custody.
Prosecutors rested their case Tuesday, allowing the defense to begin calling witnesses Wednesday.
Prosecutors need only five of seven jury members to secure a conviction against Gallagher, who said Wednesday he feels “very confident” that he will be acquitted.
