Navy prosecutors say jury should base verdict on SEAL Edward Gallagher’s own texts and photos, as deliberations begin in war crimes trial

NAVAL BASE SAN DIEGO —  Prosecutors on Monday, July 1, told a seven-man jury in the court-martial of decorated Navy SEAL Edward “Eddie” Gallagher that they should use Gallagher’s own evidence and their common sense to come back with a ruling of “guilty on all charges.”

Gallagher, 40, is on trial for the murder of a 17-year-old ISIS fighter, as well posing for a photograph with the boy’s body while he and other SEALs held a reenlistment ceremony, during a 2017 deployment to Mosul. He also is accused of shooting an old man who was getting water at the Tigris river, as well as a young girl.

“This case is about Chief Gallagher’s own words, ‘I got a cool story when I get back, I got my knife skills on,’ ‘I got him with my hunting knife’ and the pictures of a trophy photo with a knife facing straight down at the detainee,’” said Navy prosecutor Lt. Scott McDaniel, speaking of texts recovered from Gallagher’s phone. “It’s about his own men who reported what they saw and the difficult journey they went on.”

But the story that emerged from Gallagher’s defense team was quite different.

“No body, no forensics, no science and no case,” Tim Parlatore, Gallagher’s lead attorney, told the jury on Monday just before they headed for deliberations in a courtroom on the Navy base. “They want you to rely on testimony from the ‘sewing circle’ (a self-described group of six SEALS who have accused Gallagher of the murder and shootings).

“You know when someone’s telling the truth, when they’re evasive and can’t give you eye contact. What you have here is target fixation that started from the first interview and the story Chief (Craig) Miller told them,” he said. “Throughout this case this ship has run aground. Some witnesses told the truth and others put on the mutiny with their hatred for Eddie Gallagher on the stand. This case should have been dismissed. You are required to find him not guilty unless they (prosecution) changed your mind. In this case, there are huge gaping holes of reasonable doubt.”

In their closing arguments, both the defense and prosecution told the jury that witnesses lied on both sides and it was the jurors’ job to “push through and find the truth.”

Jurors must decide if Gallagher went rogue and killed the ISIS fighter on May 3, 2017, during a deployment in which the Navy was supporting Iraqi forces, or if the accusations are an effort by disgruntled members of Gallagher’s SEAL Team 7 Alpha platoon.

Platoon members testified that they questioned Gallagher’s tactics, saying they felt their reputations were tarnished when he called them cowards. They attempted to stop Gallagher from being awarded a Silver Star for combat valor and to stop him from being promoted to senior chief.

Parlatore described Gallagher as an “old-school, hard-charging warrior” targeted by his younger SEALs, who he said felt entitled.

The trial, which began June 18, included testimony from 12 SEALSs, several expert forensic witnesses and an Iraqi general.

Seven SEALs testified that Gallagher stabbed the ISIS fighter, with two saying they witnessed the act.

Special Operator Corey Scott, who served as a medic, was among those who testified he saw the stabbing. However, Scott said Gallagher’s act was not fatal and that it was he, not Gallagher, who killed the boy by placing his thumb over the teen’s breathing tube. Scott said his was an “act of mercy,” because he thought the boy eventually would be tortured by Iraqi forces.

Following Scott’s testimony, the prosecution accused him of lying to protect Gallagher.

The testimony corroborated that of Navy Special Warfare Operator Craig Miller, who a day earlier said he was an eyewitness to the stabbing.

On Monday, Cmdr. Jeff Pietrzyk, the lead prosecutor, told the jury that even if they believed Scott’s version, that did not preclude them from finding Gallagher guilty of murder.

“He was bleeding out and dying,” Pietrzyk said of the fighter. “Two or more people can contribute to the cause of death.

“After his fresh kill, Chief Gallagher was so proud of what he’d just done,” he added. “He raised his right hand and swore to protect and defend the country. He was proud of what he’d just done and you know what that was, because of the pictures.”

Pietrzyk said Gallagher brought the other SEALs and a Marine into the trophy photo.

“Lt. Commander Robert Breisch (platoon commander of SEAL Team 7) was in the U.S. and got word of the photos and tells them to delete the pictures,” Pietrzyk said. “Not something you want in the news. Pictures like that can be used to create propaganda. That’s how you grow more ISIS.”

Marc Mukasey, who closed for the defense on Monday, reminded the panel that the investigation was flawed from the start.

“(Service Special Agent Joseph) Warpinski threw everything out of the damn window,” he said. “Just like the SEALs thought they knew better than their chief, Warpinski thought he knew more than the Navy Criminal Investigative Service Manuel. On the first day, in the first interview, in the first minute, without knowing the first facts, Warpinski said we already have a take on this.”

Under the military justice system, the prosecution needs at least five jurors to decide on a guilty verdict to convict Gallagher. They can also convict him of lesser charges, such as attempted murder or aggravated assault.

The jury is expected to resume deliberations Tuesday morning.