The defense team of a Navy SEAL accused of murdering an injured teenage ISIS fighter wants the case dismissed due to what it says is gross misconduct on the part of the prosecution.
The judge overseeing the case released Special Warfare Chief Edward Gallagher, 39, from pre-trial custody Thursday while he decides the fate of the case. Navy Capt. Aaron Rugh said he was making the move, which drew gasps in the courtroom, to remedy interference by prosecutors who sent emails embedded with tracking software to defense lawyers. On Friday, he declared the case in recess until June 10.
Timothy Parlatore, the attorney leading Gallagher’s defense, said his client was “excited” finally to enjoy some liberty once again.
“He spent … 19 years of his life fighting for our freedom, and now he finally [got] to spend a night with his own freedom.”
Parlatore filed a motion to dismiss the case and the lead Navy prosecutor, Cmdr. Chris Czaplak. He says the Naval Criminal Investigative Service is also guilty of malfeasance.
“The misconduct by NCIS and Chris Czaplak is so pervasive in this case that there’s no way to possibly put this back together,” Parlatore told the Washington Examiner. “They’ve intentionally hidden evidence that Eddie Gallagher’s innocent, and they’ve manufactured evidence to try and make him look guilty. There’s no way … that he can ever get a fair trial given that he’s got now over a year of misconduct by NCIS and prosecutors to irreparably damage this case.”
Parlatore’s team has filed five motions in total, including the requests to dismiss the charges and Czaplak. The third requests the court compel the prosecution to be interviewed by the defense. The fourth alleges undue command influence from Navy officials. The last requested the judge’s dismissal, but Parlatore withdrew it Thursday on learning the judge did not approve the prosecution’s tracking emails.
The Navy declined to comment on the motions when reached by the Washington Examiner.
Parlatore told the Washington Examiner earlier this month that he planned to file an ethics complaint against Czaplak for the use of tracking software in correspondence with the defense and a Navy Times journalist.
Gallagher stands accused of killing the injured ISIS fighter while deployed to Iraq in 2017, as well as indiscriminately shooting at civilians. Navy prosecutors allege Gallagher killed the fighter with his knife after Iraqi forces brought him to a base outside Mosul. Gallagher’s defense denies the allegations, claiming he provided aid to the fighter as a trained medic.
The case has split the Navy SEAL community, with some of Gallagher’s own platoon mates accusing him of war crimes, while other SEALs defend him as a highly professional warrior. President Trump is reportedly reviewing Gallagher’s case for a potential pardon.
