From the New York Times…

“Fresh accounts of the Blackwater shooting last month, given by three rooftop witnesses and by American soldiers who arrived shortly after the gunfire ended, cast new doubt Friday on statements by Blackwater guards that they were responding to armed insurgents when Iraqi investigators say 17 Iraqis were killed at a Baghdad intersection.

The three witnesses, Kurds on a rooftop overlooking the scene, said they had observed no gunfire that could have provoked the shooting by Blackwater guards. American soldiers who arrived minutes later found shell casings from guns used normally by American contractors, as well as by the American military.

The Kurdish witnesses are important because they had the advantage of an unobstructed view and because, collectively, they observed the shooting at Nisour Square from start to finish, free from the terror and confusion that might have clouded accounts of witnesses at street level. Moreover, because they are pro-American, their accounts have a credibility not always extended to Iraqi Arabs, who have been more hostile to the American presence.

Their statements, made in interviews with The New York Times, appeared to challenge a State Department account that a Blackwater vehicle had been disabled in the shooting and had to be towed away. Since those initial accounts, Blackwater and the State Department have consistently refused to comment on the substance of the case.

The Kurdish witnesses said that they saw no one firing at the guards at any time during the event, an observation corroborated by the forensic evidence of the shell casings. Two of the witnesses also said all the Blackwater vehicles involved in the shooting drove away under their own power.

The Kurds, who work for a political party whose building looks directly down on the square, said they had looked for any evidence that the American security guards were responding to an attack, but found none.

“I call it a massacre,” said Omar H. Waso, one of the witnesses and a senior official at the party, which is called the Patriotic Union of Kurdistan. “It is illegal. They used the law of the jungle.”

Many of the American soldiers were similarly appalled. While Blackwater has said its guards were attacked by automatic gunfire, the soldiers did not find any casings from the sort of guns typically used by insurgents or by Iraqi security forces, according to an American military official briefed on the findings of the unit that arrived at the scene about 20 minutes after the Blackwater convoy left. That analysis of forensic evidence at the scene was first reported Friday by The Washington Post.

The official, who spoke on the condition of anonymity because he was not authorized to speak about the matter, added that soldiers had found clear evidence that the Blackwater guards were not been threatened and also opened fire on civilians who had tried to flee. “The cartridges and casings we found were all associated with coalition forces and contractors,” the official said. “The only brass we found where somebody fired weapons were ones from contractors.”

The case has angered many in the military who believe that the conduct of the security guards makes the troops’ jobs harder. “If our people had done this,” another American military official said, “they would be court-martialed.”

The shooting, on Sept. 16, and the deaths of two Iraqi women in a shooting by a different security company on Tuesday, have provoked anger at politically potent levels of Iraqi society. In the holy cities of Karbala and Najaf, officials affiliated with Iraq’s most revered Shiite cleric, Grand Ayatollah Ali al-Sistani, called for sanctions against the companies.

In Karbala, a spokesman for the ayatollah inveighed against “the cheapening of Iraqi blood” and called for Parliament to take action. In a legacy of orders handed down during post-invasion American rule here, Western contractors essentially have immunity to Iraqi law.

None of the roughly two dozen witnesses previously interviewed by Iraqi investigators said that they saw or heard anyone but the Blackwater guards fire during the shooting, which Iraq says killed 17 and wounded 27. Still, because nearly all of those witnesses were in the field of fire, their accounts could conceivably have been skewed by the terror and confusion of the moment.

The Kurdish witnesses on the rooftop said they had not been interviewed by Iraqi investigators. They said they had been visited by American investigators, but had not been fully interviewed.”