PARENTS

andtitlesdetailedthe events leadingup to the July 30, 2020 sinking Parentshave testified at two hearings to providevictim-impact testimony The boardsofinquiry are beingheldatthesamebase where thedead Marines livedandtrained.Onoccasion,thatserves to give the proceedingsastarksenseof military reality.

Witness testimony being heard over the phoneatone hearinghad to pausefor a jet to fly over During closingargumentsatanotherboard,a military lawyerhad to closea dooropen to theoutsideafter Marinemarching and drill commands from justbeyondthe courthousebecamedistracting.

Three boardsofinquiry have beenheldsofarat CampPendleton,andone other atthe MarineCorps BaseQuantico, Va Two more boards theseones for two enlisted Marines— are scheduled over thenext two weeks.

Theboardsare administrative processes andalthoughnottrials noneof those facing them are charged withcriminaloffenses theyare similar in how theyare conducted, with governmentlawyersarguingthecaseagainstthe Marinesand defense attorneysmountinga defense. Each sidesubmits evidence andcancall witnesses. ThreeMarineofficers comprisetheboard— different onesforeach— and get to questionwitnesses as well.

After each side’s cases are presentedtheboard deliberatesandissuesits findings.Allthosefacingthe boardsrisk expulsion from the Marines.

However, forthethree boardsheldatCamp Pendletonsofar thathasn’t happened.

‘Substandard,’butstaying

AlthoughtheCamp Pendletion-based I Marine Expeditionary Force,which isthe conveningauthority fortheboards,has granted access to reporters toobserve theboards,itisnotallowingmembersofthepress into the courtroom to hear the resultsafter deliberations.In a statement,a Marinespokespersonsaid theboard results are not final,andnotforpublic release.

However, Aaron Meyer, the civilianlawyer representing the former vehicle platoon commander, 1st Lt. Thomas MacAleese,disclosedthe resultsin court on Jan.28.

According to Meyer, Lt. Col.MichaelRegner theformer commandingofficer of Battalion Landing Team1/4, was found“substandard”in his job performance athis board. However, the board recommendedhebe retainedinthe Marines not forcedout.

Capt.George Hepler,the former commanderof1/4’s Bravo Company, received thesame resultathisboard, Meyer said.Hisperformance was also found to be“substandard,”buttheboard recommendhebe allowed to remaininthe Marines.

MacAleese, Meyer told the Union-Tribuneinaninterview Monday, was found not to besubstandard inperformance meaning there was “no basis”for the Corps to even considerkickinghim out.

Theboard heldonthe EastCoastin December,for Lt.Col. KeithBrenize,the former commanding officer ofthe3rd AssaultAmphibianBattalion, is in recess andhasn’t ruledonthecase.

The outcomeshave frustratedsome of theparentsof someofthe youngservice memberskillednearSan Clemente Island.Bathsaid the boards are failing to hold anyoneaccountable.

“It’s like a slap inthe face,”she toldthe UnionTribune. “You come to the hearings and everyoneis pointing fingersand coveringforeach other Who are you holding accountable?”

Two investigations one bythe Marines,theotherby the Navy described a sequenceoftrainingandmaintenancelapses thatled to the tragedy

AnAssaultAmphibious Vehiclesankaboutan hour after leavingSanClemente Island to return to the amphibious transport dock Somersetduring a training exercise

Theinvestigationsfound thatmostofthe vehicles were inoperablewhen they were firstprovided to BLT 1/4by the3rd Amphibious AssaultBattalion. Col.FridrikFridriksson, wholedoneofthe Marine Corpsinvestigations into thetragedy, during testimonyatoneboard ofinquiry lastmonth described the amtracks that were sent to theSomerset as“garbage.”

The confluenceof Marine unitsand commandersinvolvedinthe accidentcan bewilder even themost savvyof observers. One of the Marineinvestigationsfocusedsolely on theformationofthe 15 MarineExpeditionary Unit, which iswhere BLT 1/4 was assigned.

MEUs are comprisedof severaldistinct Marineand Navy commands,including ships,infantry units, aviationunits,logistics and commandunits.Once together, the 15thMEUfellunderthe command oftheSanDiegobased MakinIslandAmphibious Ready Group and the Marine’s CampPendleton-based I MarineExpeditionary Force.

TheCampPendletonbased1st MarineDivision was responsiblefortheinfantry elementoftheMEU, including the amtracks from 3rd Tracks and the grunts of 1/4. These layersof command have provedaninsulating forcewhenassessing responsibility. Defense attorneysarguedatboardsthat faultlieseither at the top of thedivision,withtheformer commanding general, orinsidethe vehicleitself,where aMarinestaffsergeant waited too long to orderthe troops to evacuate.

Investigatorslaidblame upanddown the chain of command.Thelowest-ranking Marinesfacingboards are two enlistedmenwho were staffsergeantsin July 2020 theformer platoon sergeantandthe vehicle commanderofthe track that sank.

At the higher rungs ofthe command ladder, investigatorsfound Marineleaders failed to makesure the Marinesandsailors were fully trainedbefore sendingthem into the water.

Theinfantry Marinesassigned to 1/4 were notswim qualified,theinvestigation found. Worse,investigators said,theyhadnotbeen trained to escapean amtrackunder water, asthe pool on basewhere that trainingisheld was closed for a monthahead of the MEU exercisethatsummer.

According to Regner’s testimony, heraised concernsabouttraining to his commanders.ButsinceI MEFpolicyatthetime did not require the training, he was toldanother, lessstringentshallow-watertraining wouldsuffice. Thatpolicy was changed inthe wake oftheaccident. ‘Theyneverlookedus inthe eye’ PeterOstrovsky, wholost hisson,Pfc. Jack-RyanOstrovsky 21 intheaccident, saidheis frustrated thatthe Marine officers won’t take responsibility for what happened Having beenin court forRegner and Hepler’s boards,Ostrovskysaidhe came away disappointedin themen. “I was surprisedby their reaction to (families)being there,”hesaid. “Theynever lookedusintheeye. I didn’t feel good about it.”

Regner Hepler and MacAleeseall testifiedat theirboardsand,during that testimony expressed remorseforthelossofthe menonthe AAV. Heplerdid, during testimony, look toward the gallery from the witnessstand toexpress condolences, but Ostrovsky saidthe gesture fellshort.

“He wasn’t even looking atus he was lookingat(a reporter),”Ostrovskysaid. “I expectmore from a Marineofficerand Marine leader.”

Thefamilieshave questioned whyonlymid-career officers and sergeantsare facing boardswhilehigherranking commanders are not.Bathsaidshe doesn’t understandwhytheformer commanding generalofthe 1st MarineDivision, Maj. Gen.Robert Castellvi, and theformer commanderof theMEU Col.Christopher Bronzi,aren’tfacingboards oftheir own.

Castellvi,who went on to ajob as the MarineCorpsinspector generalafter rotatingoutof thedivision, was fired fromthat rolein June after theCorpsinitially chosenot to punish him. Bronzi was removed from commandoftheMEUin March

“It frustrates me,”said Bath.“Someofus (parents) want to know:Castellvi? Bronzi? Where are their boards? Why are they allowed to retire?”

BethanyPayton-O’Bri- en, a civilianmilitary defense lawyer said theboards themselvesare what accountability lookslike inthe military.

“It’s meant foraccountability— that’s exactly what accountability is,”PaytonO’Briensaid. “(The military)istrying to fireyou from your job.”

Payton-O’Brien,who served in the Navyas a lawyer and judge,said the processcaninsulate high-rankingofficers frompunishmentwhilecrackingdown onthose lower inrank.

“Theday-to-daysupervisorsarebeingheldaccountable butthesupervisorswho werewell aware ofthelack of training, or theproblem with the vehiclesthemselves,escape responsibility, she said. “Thatis a problemwith oursystem we holdsome accountable and (not)others.”

‘There’saleadership crisishere’

Michael McDowell, a formerBBC journalistand currentnational security fellow at a Washington, D.C.,think tank,saidthemilitary hasa “leadership crisis”whenit comes to trainingaccidents.

“There’sa shamefulpatternwhere enlisted or junior officerswhomayormaynot be to blame ...theaction’s againstthem, hesaid.“But rarelyabove thatin termsof captain,major, colonel,et cetera.”

McDowell’s son,1stLt. Conor McDowell, was killed in2019 onCampPendleton when hislightarmored vehicle rolled overintoa ditch during a training exercise. Togetherwithother Gold Starfamilies, McDowell pushedCongress to investigate resultingin a GovernmentAccountability Office studypublished last year that foundlapsesintraining andsupervisionamongthe Army and MarineCorpstactical vehicleunits. McDowellsaid a new law isneeded to hold seniorofficers— admiralsand generals at faultwhenaccidents occur due to impropertrainingand oversight.

“There’saleadershipcrisishere,” McDowell said. “Generals —one-starallthe way throughfour-star— their job descriptioncan’t justbe combat.Itmust (also)besafety, readiness andtraining.”

McDowellsaidmiddle managersinthemilitary, such asthosefacingboards now, need to beempowered to callofftrainingwhen issues like safety andtraining deficienciesare apparent.

“Theyneed to beable to make callsonsafety without retaliation,”hesaid.“We have to protect the (noncommissionedofficers)and juniorofficerssotheycan say‘stop.’That’s leadership.”

Ifthathadhappened on July 30 2020 Ostrovskysaid, lives wouldhave beensaved.

“Ifit was career suicide for you,as a leader, to say ‘we’re stopping,’I’d rather someone commitcareer suicide and save lives,”hesaid.

DuringRegner’s board, PeterVienna,fatherof Navy Corpsman 3rd ClassChristopher“Bobby” Gnem, testifiedthathedidn’tunderstandwhythe Marines were pushingbackagainst the findings oftheinvestigation.

“Are they pushingback justsotheycan retire ata higherrank?” hesaid.“We seek just a sliverofaccountability.”

Ostrovsky testified at the sameboard he was shocked bythe “top-down incompetence”ofthe MarineCorps officersinhisson’s chainof command.

Bath testified at Hepler’s board thatshe doesn’t hate the Marinesbut was disappointedthatsomanyhada handinherson’s death.

Familymembers were deniedthe opportunity to testify at MacAleese’sboard after the defenseraisedan objection.

‘Makesure...thisdoesn’t happenagain’ Bathsaidshe’s not expecting the review boards to offerany justicefortheloss ofherson,nor to holdanyoneaccountable.

“Mysonisdeadandthus farnoonehasadmitted to making a mistake assmall as forgetting to turn off a light switch,” shesaid. “Thisisthe MarineCorps they’re supposed to bemen of honor— andI’mlistening to leaders that are coveringforeach other.”

Severalother Marine Corpsofficersinvolvedwith theinfantry and amphibious vehicle community have testifiedattheboardsas characterwitnesses insupport of those officers.

Althoughshe’s disappointedin MarineCorps leadership,Bathsaid,she doesagree withtheboard’s finding in MacAleese’s case. “I(feel)like even thoughhe mademistakes...he’s one whowill wear theuniform withhonor,”shesaid.

MacAleese,who was in charge ofthe AAV platoon, did everything inhispower toget thetracks in good shape ahead of the July exercise,hislawyer Meyer said.

Althoughhe objected to family testimony at MacAleese’s board, Meyer saidthefamiliesneed to be heard, both bythe Marines andthe Navy.

“It’s justthat a board of inquiry isnotthatforum,”he said.

To Ostrovsky, justiceis those responsible beingheld accountable,hesaid, “to make sure anincidentlike this doesnothappen again.”

InDecember, the Marine Corpspulledits entire fleet ofamtracksoutofthe water for good,barringanemergency, it said The replacementAmphibiousCombat Vehiclehasbeen fielded and will deploy for the first time later this year. andrew.dyer@sduniontribune.com

Protection Mechanismfor HumanRightsDefenders and Journalists known more simply as “the mechanism.”

Launchedin2012 it allows journalistsandrights workerswho believe theyare indanger to seekprotection fromthe government— everything from bodyguards to panic buttons,security cameras, even relocation to safe houses.

Plaguedprogram

But the programis plaguedbyseverallimitations.There are inconsistencies inhow itis administered fromstate to state,andbetween statesandthe federal government.

Italsoishamperedbya lackof resourcesand expertise.And journalists are wary, for good reason:Some have beenthreatenedbyofficialsinthe very governmentstheyare askingfor help.

Since2012, nine journalists who were enrolledinthe mechanismhave beenkilled, according to Carlos MartinezdelaSerna,program directorfortheCommittee to Protect Journalists, which tracks attacks on journalists aroundthe world.

Amongthose was Lourdes Maldonado, an experiencedbroadcast journalist whohad covered Tijuanafor years Maldonado was killed outsideofherhomeon Jan. 23 Justsixdaysearlier Margarito MartínezEsquivel was shotthree timesashe headedoff to work in the morning.

Martínez was in theprocessofseekingprotection through theprogram from theBajaCaliforniastate governmentwhenhe was killed. Maldonadohada panicbutton installedinside herhomeafter her vehicle was damagedinan attack, andhadpolice patrols going past herhome atintervals.

Theirdeaths were thelatestofthe 148 killings of journalistsin Mexico since2000, according to a grimtabulation ofthehumanrights groupArticle 19

The frequency of those killings led groups like CPJ to pressure Mexicanauthorities to act,which in turn birthed theprotectionprogramin2012 said Martinez delaSerna.

OdilónGarcía, a Tijuana journalistwho was previouslyundertheBajaCaliforniaprotectionmechanism from2018 to early2021, said theprogramneeds to do more. “We needmore than words, we need a realplan to protectour colleagues, becausemanyofthose who have been underthemechanism have died for example Lourdes Maldonado,” said García,whoisthe director ofthenews site Diario Tijuana “We needaction, we needprotection.”

Afragmented system

There are about 1,500 peopleseekingprotection via the program, about 500 ofthem journalists.Thebalance are humanrights workers. Catalino Zavala,Secretary General of Government inBajaCalifornia, said last weekthat 18 people— journalistsandhumanrights workers are receiving state protection.

Butthereisnosingleapproach orplan covering journalists wherever theymay work in Mexico.Instead,the programvarieswidely from state to state, dependingon theelected administration.

The typeofprotectiona journalist receivesalsovariesdepending onthelevel of risktheybelieve theyface, saidSoniadeAnda who leadstheTijuana journalist collective #YoSíSoyPeriodista(#YesIAmAJournalist).

“Soif,for example, I were threatened,theState System fortheProtection ofHumanRightsDefendersand Journalistscalls meand asks mehow I feel,”shesaid. “In short,they ask,whatare myneeds? Whatprotective measures do I think are necessary?”

Fromthere,deAndaand others explained,itcanbe somewhatof a negotiation and conversation about whatmeasuresare necessary. Wary journalists want safety but alsoneed freedom to work

“Almostnone ofus want to have to have a guard fulltime onourbacks,” said de Anda,who runsthenews site Esquina 32.

Aspart oftheprotection, Garcia received a panicbutton, a cellulardevicethatallows a reporter to sendan emergencymessage to local policingauthorities.Hesaid hehadnever usedit.

Healso received permanentsurveillanceoutsidehis home SinceGarciahas coveredthepolicebeatfordecades,hespecifically requestedthepolice officers who wouldbein charge ofhis security, which,hesaid, madehimfeelsafer.

Both the federalandBaja

California protection mechanismsare under review, authoritiessaidlast week. Meetings were held between the state government groupthat oversees theprogramand journalists inTijuana Ensenadaand Mexicali.

Zavala expectsthatin lessthan a month, recommendationsissuedby journalists couldbeincorporated to the revised protection plan.Hesaidthatmanyof theproposals collectedso far couldbeimplemented immediatelysincethey wouldnot require a legislative process. Anyadditionalhelp wouldbe welcome, advocatessaid, to a program where demandhas grown whileassistancehasnot.

MartinezdelaSernasaid applicationsfortheprogramhave increasedeach yearithas beenoperating. But resources fromthe government have not keptpace.

“We have been consistentlycallingout the need formore resourcesandmore funding,”hesaid.“We’ve alsofound there is a lackof trainedpeopleonstaffthat fullyunderstandthethreats journalists face.”

Reporters WithoutBorderssoundedthesame alarminDecemberand cited a “seriousdeficiency” instaff The group said that there were about 50government officials responsible fortheprotectionof 1,500 peoplenationwide.

Timeisanotherissue.“In somecasesittakes a long time to deploy all the measures that were decidedon inthecase,” Martinezdela Sernasaid.

Though Margarito Martínezhad reached out to thestate protectionsystem —an actionthatissupposed to alert thefederalprotectionagency hehadnot beenfullyenrolledbecause ofpaperwork, deAnda explained.

After Martínez’s death, thesecretary of government forBajaCalifornia,Catalino Zavala Márquezpromised he would work to make the enrollment processmore automaticfor journalists andhumanrightsdefenders whohave receivedthreats.

Theproblem of impunity

Fatalattacks on journalists in Mexico can’tbeseparated fromthenation’s overalldescentinto violence over thepast two or more decades,fueledlargely by drug cartelsandtraffickers,said DavidShirk, a University of SanDiego professor, chairof theDepartmentof Political Scienceanddirectorofthe Justicein Mexico program. There were twice as many homicidesin Mexico last year thanin 2008-09, hesaid. More cripplingthanthe sheernumbersofdeathsis theimpunity:few people are prosecuted,hesaid.

The government admits asmuch. Mexico’s Interior Undersecretary Alejandro EncinassaidinDecember thatmore than 90percentof murdersof journalistsand humanrightsdefenders remainunresolved.

A2018 Justicein Mexico report found journalists were atleastthree times more likely to bemurdered thanthe generalpopulation. Shirk,whohasstudiedviolencein Mexico for years, saidthattheprotectionprogramappears to be“little more thana Band-Aid”for journalists.

“Theyassign anescort fortheperson,maybe give them a bulletproof vest,”he said.“Whatthe Mexican governmentneeds to dois not givejournalistsbulletproof vests.Itneeds to properlyandvigorouslyinvestigate thesecrimes to their conclusions,whetheritis the drug trafficker,a girlfriendorthemayor.”

Violenceagainst journalists,andtheimpunity that nearlyalways comeswithit, can’tbeseparated fromthe larger problemswithviolencewracking Mexico, Martinez de laSernasaid.

“Youdon’t fix thewhole press freedomcrisisin Mexico if you don’thave a system that works,”hesaid. “A system thataddressesthe killings andcrimes.And brings thecriminals to justice.”

For now, journalistsand rights workersmustlargely rely on their own wits,andthe flawed “mechanism offered by a beleaguered government Thatisnot comforting for journalistswhoare doing whatisbecoming anincreasinglyperilous job,where itis not even safe to beonthe street in front oftheirhomes.

The weeklynewsmagazineZeta,which hasseen editorskilled and attacked overthe years, reported Maldonado’s attackers were lyingin waitnearherhome whenonesupervisingpolice patrolpassed by to check on Maldonado’s property.

“Itisclearthatthesystem isnotsavinglives,”de Andasaid, “norisittaking anyrisk away fromus.” greg.moran@sduniontribune.com alexandra.mendoza @sduniontribune.com wendy.fry@sduniontribune.com

NEW DELHI Theeditorofa news website has beenarrested inKashmir, inwhat critics called thelatest example of awave ofharassmentof journalistsbytheauthorities inthetroubled region. Theeditor, Fahad Shah of TheKashmir Walla, was arrested Fridayafterbeing summonedby the police, said YashrajSharma, a colleague.Hehad beencalled inforquestioningfourdays earlier overthesite’s coverage of a deadlypolice raid inlate January Sharma said. That raid, inthe Pulwamadistrict,left fourpeopledead. Thepolice describedthree ofthem as militantsandthefourth,a 17-year-old,asa “hybrid mil- itant.” TheKashmir Walla interviewed the teenager’s family who saidhe was an innocentcivilianandappealed to the government to returnhisbody. The news website’s articlealso includedthe perspectivesof the policeandthearmy.

TheKashmirpolice said Fridaythat theyhadarrestedShahfor “uploading anti-national content and thathe was stillintheir custody. Shah’s arrestshowed the Kashmirauthorities “utter disregard forpress freedom and the fundamentalright of journalists to report freelyandsafely, said Steven Butler Asia program coordinatorforthe Committeeto Protect Journalists.

“Authorities must immediately release Shah, andallother journalistsbehind bars,andcease detaining and harassing journalistsforsimplydoingtheir jobs,” hesaid.

TheIndiansecurity forceshave tightenedtheir griponKashmirsince Prime Minister Narendra Modidissolvedthe region’s elected government in2019 andbroughtitunder direct rule from Delhi, with a heaviermilitarypresence.

Increasingly, journalists andactivists critical ofthe security forceshave been called inforquestioning, andseveral have beendetained. Authoritieshave alsoeffectivelyclosed down Kashmir’s pressclub,a baseof support for journalists, forcingitoutof the government-ownedbuilding where ithadbeenoperating.