Prosecutor tells jury to use SEAL’s words to convict

SAN DIEGO » A Navy SEAL murdered a wounded war prisoner in Iraq in 2017 and the proof is his own words, his own photos and the testimony of his fellow troops, a military prosecutor told a jury Monday, while defense lawyers called it a “mutiny” by entitled junior SEALs trying to oust a demanding chief.

The case of Special Operations Chief Edward Gallagher, a Bronze Star recipient, is now in the hands of a jury of five Marines and two sailors, including a SEAL, many of whom had been in heavy combat in Iraq.

Both sides told jurors that witnesses had lied on the stand and it was their duty to push through the evidence to find the truth. The panel will weigh whether Gallagher, a 19-year veteran on his eighth deployment, went off the rails and fatally stabbed the war prisoner on May 3, 2017, as a kind of trophy kill, or was the victim of allegations fabricated after the platoon returned to San Diego to stop him from getting a Silver Star and being promoted.

The two-week trial included the testimonies of nearly a dozen SEALs, including Special Operator Corey Scott, a medic like Gallagher, who told the court that he saw the chief stab the Islamic State militant in the neck but stunned the court when he said he was the one who ultimately killed the prisoner by plugging his breathing tube with his thumb as an act of mercy.

Seven SEALs said Gallagher unexpectedly stabbed the prisoner, moments after he and the other medics treated the detainee. Two, including Scott, testified they saw Gallagher plunge his knife into the prisoner’s neck.

Under the military justice system, the prosecution needs two-thirds of the jury, or in this case five jurors, to agree to a guilty verdict to convict or they must acquit him. They can also convict him of lesser charges, such as attempted murder.

Navy Cmdr. Jeff Pietrzyk said in closing arguments that text messages by Gallagher show he is guilty.

One message said: “I’ve got a cool story for you when I get back. I’ve got my knife skills on.” Another text stated: “Good story behind this. Got him with my hunting knife.”

He then showed a photo of the dead prisoner with Gallagher holding up his head by the hair.

“The government’s evidence in this case is Chief Gallagher’s words, Chief Gallagher’s pictures, Chief Gallagher’s SEALs,” Pietrzyk said.

The prosecutor said the witness who changed his story and claimed to have killed the prisoner himself was lying to protect Gallagher.

He acknowledged that the victim — a 17-yearold Islamic State fighter wounded in an airstrike — is not sympathetic.

“Before the airstrike, he would have done anything in his power to kill an American,” Pietrzyk said, but he said the care of war prisoners is what sets U.S. forces apart.