[Jason Carroll, Cnn Anchor:] As the Navy investigates last month's sub collision with a Japanese ship, it will have to do so without hearing from sub Commander Scott Waddle. His attorneys tell CNN their client will not take the stand at this week's court of inquiry. With or without Commander Waddle, the panel is learning a lot about what happened on board the sub just before it surfaced under a Japanese research vessel. CNN's Gary Tuchman has more.
[Gary Tuchman, Cnn Correspondent:] Scott Waddle will not testify in his own defense. That's what the attorney for the man who commanded the USS Greeneville when it hit the Ehime Maru tells CNN. Attorney Charles Gittens says his client's request for testimonial immunity has been deferred by the Navy. He says he interprets that as a no, and therefore, will not have his client take the stand. But he has a few things to say about Waddle.
[Charles Gittens, Waddle's Civilian Attorney:] He's responsible for everything that happened on board his vessel. He's he was the authority on the vessel, and he carries the commensurate responsibility.
[Tuchman:] But Gittens says that doesn't mean the 41-year-old captain violated any laws.
[Gittens:] Accepting responsibility does not necessarily mean that he has to accept criminal liability for what happened on the vessel, and in fact, he will fight that tooth and nail.
[Tuchman:] And he will have to fight. An admiral who has done the initial investigating of the incident has testified about a litany of mistakes made on the submarine that could have led to the accident. Admiral Charles Griffiths talked about a periscope not brought high enough and not sweeping long enough, a long lunch with the civilians on board that led to maneuvers being done in a rush, and broken equipment all allegations that could possibly lead to court-martial for Waddle and two of the officers under him on the sub.
[Gittens:] What he did was reasonable under the circumstances in that maybe he didn't get all the information he needed, but he was he was working hard and he was he was giving it an honest effort. And so, you know, bad things sometimes happen.
[Tuchman:] Admiral Griffiths also testified the only reason the sub was out in the first place was for the benefit of the 16 civilians on board, a practice the Navy discourages. [on camera]: The list of mistakes aboard the Greenville could be interpreting as damning, but Captain Waddle's attorney hasn't had a chance to do any cross-examination yet. Is he worried that he could end up in prison?
[Gittens:] I think I think he has a concern about that. My job is to try to allay that concern.
[Tuchman:] He'll likely get to start his cross- examination today. In the meantime, the Navy tells CNN, despite what Waddle's lawyer thinks, it is still considering granting testimonial immunity. Gary Tuchman, CNN, Honolulu.