Greeneville skipper offers to testify

By Susan Roth
Advertiser Staff Writer

The commander of the USS Greeneville wants to tell the court of inquiry what happened the day his ship smashed into a Japanese fishing boat, but only if his words cannot be used against him, his attorney said in a letter to the Pacific Fleet commander.

Cmdr. Scott Waddle, left, and his attorney, Charles Gittins, arrive at the Trial Service Office in Pearl Harbor. Associated Press

Fargo can grant or deny the request at any point during the trial. He is expected to wait until testimony is nearly completed before deciding whether Waddle's testimony is indeed essential.

Legal analysts agreed that Gittins' offer of information was overly general, unlike the usual "proffer" of specific evidence sent to judges by civilian defense attorneys seeking immunity.

On March 1, Waddle requested testimonial immunity, meaning anything he says in court could not be used against him at a later court-martial, though it would not affect all the other information revealed during the trial.

If the court wants all the facts of the accident and wants to prevent similar incidents, Gittins said, then it would not undermine the investigation to grant immunity.

Gittins argued that without Waddle's testimony, the court would have to use speculation or hearsay to make its decisions.

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Court schedule today 8 a.m.: Morning session convenes. The following personnel are scheduled to provide testimony: • Lt. Mark Van Winkle, weapons officer. • Lt. Cmdr. Dave Werner, public affairs officer for Commander Submarine Force, U.S. Pacific Fleet. • Sonar Supervisor Petty Officer 1st Class Edward McGiboney, a sonar technician. 1 p.m.: Afternoon session convenes, testimonies to continue. 4:30 p.m.: Afternoon session adjourns until Monday morning. End- of-day review with question-and-answer period at Media Center.

If Fargo does grant the immunity request, Waddle would address the allegation from several witnesses that he was rushing the ship through its exercises Feb. 9 because he felt pressed for time — an "unfounded speculation" that only Waddle could clarify because he alone decided when the Greeneville would return to Pearl Harbor, Gittins said.

Waddle also wants to talk to the court about his periscope search before the accident, Gittins said. The skipper would discuss the quality and manner of his search to check the surrounding seas, as well as whether he directed the periscope toward the surface contacts reported by his crew. One of those contacts turned out to be the Ehime Maru.

"His testimony would cogently convey his understanding of the contact picture," Gittins wrote.

The "insight into his judgment and discretion" would also provide the Japanese families of the victims what they have wanted from the beginning, Gittins noted.

Gittins said the court cannot depend on Waddle's brief statement in the preliminary investigation of the accident because "a number of obvious and clear inaccuracies have been identified during the course of the court of inquiry," and Waddle did not have a chance to review it, nor did he sign it or agree that it was accurate.

"Although Cmdr. Waddle is ready and willing to accept responsibility for his actions and that of his crew as the commanding officer, he does not believe that there is evidence to support criminal prosecution for his conduct," Gittins said.

Gittins' letter is "a good defense tactic, but it is not a proffer of evidence," said Jay Fidell, a former Coast Guard attorney and court of inquiry investigator. "There's no evidence in there at all. He never actually tells you what Waddle would say. It's the menu but not the food."

Fidell added that he does not agree with Gittins' conclusions about the potential for criminal prosecution of the commander. The problems Gittins outlined in his preliminary report on the accident remain in place, he noted, and they are all problems Waddle should have prevented.

"There is enough stuff in the record now to justify a court-martial conviction," Fidell said. "It's not like he is out of the woods."

A CBS News/New York Times poll of 1,100 adults nationwide conducted March 8-12 showed 49 percent say Waddle should not face criminal charges while 32 percent say he should.

Advertiser staff writer Mike Gordon contributed to this report.