Michael Waddington

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Michael Stewart Waddington (born September 20, 1974, and raised in New Castle, Pennsylvania) is an American Criminal Defense lawyer specializing in serious felonies, court martial cases, and war crimes.

Bagram Abuse Cases
Michael Waddington gained international recognition for his defense of SGT Alan Driver at Fort Bliss, Texas in February 2006. Waddington was an Army Captain and JAG defense lawyer when he represented SGT Driver. SGT Driver was court martialed for allegedly abusing detainees captured in the "War on Terror" who were held at the Bagram Air Base in Afghanistan, in 2002. Driver was charged with beating a Taliban Division Commander known as Habibullah, who the Army says died of his injuries. He was also accused of throwing a shackled and handcuffed prisoner, Omar al-Faruq, against a wall. Faruq was the top al-Qaida deputy for Southeast Asia with a long history of terrorism. At trial, SGT Driver was fully acquitted of all charges after less than 15 minutes of jury deliberations. After the case, Waddington resigned his officer commission and became a civilian defense lawyer to continue to fight for soldiers' rights.

Operation Iron Triangle Triple Murder - "Kill 'em All"
In June 2006, Waddington was in private legal practice when he was called on to defend SPC William B. Hunsaker in a triple murder case. Four soldiers of the 101st Airborne Division were accused of executing suspected al-Qaida insurgents that were captured during a raid near Samarra, Iraq on 9 May 2006. The case made international headlines when evidence revealed that SPC Hunsaker's commander, COL Michael D. Steele, gave orders to "kill all military age males" on the objective. The objective was a confirmed al-Qaida training compound, visited by Abu Musab al-Zarqawi. COL Steele is an officer who once commanded a Ranger company sent into Mogadishu, Somalia, on a rescue mission that was recounted in the book and movie "Black Hawk Down."

Waddington and other defense lawyers, including Paul Bergrin, defended the four soldiers in court proceedings in Tikrit, Iraq and Fort Campbell, KY. After 8 months of legal battles, SPC Juston Graber, one of the accused, entered into an agreement with the prosecution to testify against SPC Hunsaker and the other defendants. Facing a mandatory life sentence, SPC Hunsaker and PFC Corey Clagett, another defendant, entered plea deals that reduced their maximum sentence to 18 years, making them eligible for parole after 5 1/2 years. At SPC Hunsaker's guilty plea, he told the military judge that by killing three al-Qaida operatives, he believes that he was saving American lives and his actions were a "lesser evil for the greater good."

Meanwhile, COL Steele received a letter of reprimand for his actions and was granted immunity from the 101st Airborne Division Commander.

Family slaughtered in the Mahmudiyah incident, Iraq
Waddington served "of counsel" in the defense of SGT Anthony W. Yribe, a soldier implicated in alleged crimes committed in Mahmoudiya, Iraq on 12 March 2006. Yribe was charged with failing to report the attack but is not alleged to have been a direct participant. SGT Yribe's team was led by Army CPT Juan Roman. Waddington provided legal consultation and advice to the defense team and SGT Yribe. Yribe was the only soldier charged in the incident to avoid a conviction and jail time.

Allegations of Detainee Abuse at the Battle of Fallajah, Iraq
In February 2007, Waddington was called to defend an Army Sergeant, SFC Timothy Drake, of allegations of using a baseball bat to beat enemy insurgents captured at the 2003 Battle of Fallajah, Iraq. SFC Drake was a member of the U.S. Army’s 82nd Airborne Division, 1st Battalion, 504th Parachute Infantry Regiment, stationed at Forward Operating Base Mercury (FOB Mercury) in Iraq. The media and Human Rights Watch dubbed Drake the leader of the "The Murderous Maniacs" and "Skull Crusher." Drake made 3 alleged "confessions" to CID. Drake fought charges at jury trial. The skull fracture charge was dismissed. Jury acquitted Drake of cover up, encouraging assault, assault by kicking, and aggravated assault with bat. He was convicted of misdemeanor battery and lying to CID. He was sentenced to a the lowest possible sentence in military law, a Reprimand. He received no jail time, no fine, no reduction, and was retained on active duty.

Murder Allegations in Kirkuk, Iraq
In July 2007, Waddington was called to defend an Army Specialist Christopher P. Shore of a premeditated murder allegation. He faced life in prison. On June 23, 2007, near Kirkuk, Iraq, a platoon of elite Army Scouts conducted a night time raid into enemy territory. Their mission was to take down a confirmed cell of Iraqi insurgents responsible for the roadside bombings of U.S. troop convoys. SPC Shore, a GA native, led the assault team into the building. By the end of the raid, one insurgent was mortally wounded and several others were captured. SPC Shore is charged with shooting the detainee after his platoon leader, SFC Trey A. Corrales, shot him with an M-4 rifle.

Waddington and Army defense lawyer Major Javier Rivera fought the murder charge in front of an Army jury of officers and enlisted soldiers. SPC Shore was acquitted of murder and convicted of discharging his weapon near the detainee (assault). He was sentenced to 120 days in jail, a reprimand, a 2 rank reduction, and no discharge. Shore will continue to serve in the U.S. Army.

After 60 days of confinement, the commander of the 25th Infantry Division, Brig. General Michael Bednarek, released SPC Shore from prison and returned him to duty. The General deferred the sentence and let Shore out of prison after serving 72 days. On May 21, 2008, Brig. General Bednarek reduced Shore's conviction to simple assault, a misdemeanor that carries a maximum of 90 jails in jail. The change erased the soldier’s felony record. The general also reduced Shore's jail time to "time-served" and restored Shore to his former rank of Specialist. At the end of May 2008, Shore was promoted to the rank of Sergeant and continues to serve as a Army Scout.

Rape Allegation at the United States Naval Academy, Annapolis, Maryland

In March 2008, Waddington was called to defend a third year Naval Academy Midshipman accused of breaking into the room of a fellow midshipman and raping her. The accused contested the charges at an Article 32 preliminary hearing at the Washington Naval Yard in April 2008. Waddington and his team of Navy defense lawyers, LT Paul Jenkins and LT Maryann Bridges, attacked the NCIS investigation as sloppy and pointed to a lack of physical, forensic, and scientific evidence and contradicting witness testimony in an attempt to disprove the allegations.

The Investigating Officer wrote a 20 page opinion recommending that the court martial charges be dismissed. On June 3, 2008, Naval Academy Superintendent Vice Adm. Jeffrey Fowler dismissed all court martial charges against the midshipman.