WASHINGTON — Federal prosecutors investigating the shooting deaths of 17 Iraqi civilians have narrowed their focus on as few as three Blackwater Worldwide bodyguards and have given others immunity for cooperating in the case, the Associated Press has learned.
New information about the deadly Sept. 16 incident, which has strained relations between the United States and Iraq, reflects progress by the government to prosecute Blackwater guards for the shooting in Baghdad’s Nisoor Square.
A final decision on whether to prosecute the guards involved — and if so, how many — may still be months away. But two weeks into a federal grand jury investigation, people close to the case told AP that authorities have focused the number who could face charges to about three of the dozen or more guards on the security detail.
Despite the progress, those who discussed the case noted concerns about testimony given by the four Blackwater guards who have so far appeared in front of the secret panel.
The concerns stem, at least in part, from the fact that one defense attorney and law firm represent as many as 10 guards, raising worries that their stories could be coordinated.
Conflicts arise when lawyers represent clients whose interests might differ, said Mark Tuohey, a former prosecutor who now represents companies in white-collar investigations. When one client implicates another or when one client gets immunity and another doesn’t, Tuohey said, the issue gets murky.
And then, Tuohey said, there’s the collaboration issue: “Are you getting people’s stories together?”
So far, defense attorney James Sweeney has accompanied two guards to the closed-door grand jury hearings. Sweeney, a Marine pilot who helped lead combat missions in the first Gulf War, has experience in military courts. Sweeney assisted in the 1999 court-martial of a Marine whose jet clipped a gondola cable in Italy, killing 20 people.
He said there is nothing improper about his firm’s representation of multiple Blackwater guards.
“Clearly we wouldn’t be doing it if there was a problem, both from our standpoint and the standpoint of the court,” Sweeney said Friday. “The flip side is, if you had separate lawyers, would they do anything we aren’t?”
Blackwater spokeswoman Anne Tyrrell said the company was paying Sweeney and white-collar crime defense attorney Larry Mackey to represent at least some of the guards. While a federal prosecutor, Mackey helped lead the government’s case against Timothy McVeigh in the Oklahoma City bombing.
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