Marine to answer Haditha charges
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  1. #1

    Exclamation Marine to answer Haditha charges

    Marine to answer Haditha charges

    By CHELSEA J. CARTER, Associated Press Writer
    Wed Jan 9, 5:12 AM ET

    Marine Staff Sgt. Frank Wuterich has waited more than two years to give his side about his alleged involvement in the killings of 24 Iraqi men, women and children.

    He was to get his chance Wednesday, when he is expected to plead not guilty to charges of voluntary manslaughter, aggravated assault, reckless endangerment, dereliction of duty and obstruction of justice in a case that has become the biggest U.S. criminal prosecution involving civilian deaths to emerge from the Iraq war.

    "He will plead not guilty to all charges," Wuterich's attorney, Mark Zaid, told The Associated Press on Tuesday.

    Zaid said Wuterich was looking forward to his day in court because "once and for all this controversy can be placed behind him."

    The charges were filed late last month against Wuterich, 27, of Meriden, Conn. More serious charges — unpremeditated murder, as well as charges of soliciting another to commit an offense and making a false official statement — were dismissed by the Marine Corps.

    The killings occurred Nov. 19, 2005, in Haditha after a roadside bomb hit a Marine convoy, killing the driver of a Humvee and wounding two other Marines.

    Wuterich and a squad member, Sgt. Sanick Dela Cruz, allegedly shot five men by a car at the scene. Wuterich then ordered his men into several houses, where they cleared rooms with grenades and gunfire, killing unarmed civilians in the process.

    At his preliminary hearing, Wuterich said that he regretted the loss of civilian life but that he believed he was coming under fire from the homes and was operating within the rules of engagement when he ordered his men into the buildings.

    Wuterich faces a sentence of up to 160 years in prison if convicted on all counts.

    Four enlisted Marines were initially charged with murder in the case, and four officers were charged with failing to investigate the deaths. Charges against several of the men have been dropped, and none will face murder charges.

    Ellie


  2. #2

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    Wuterich Continues Murtha Lawsuit Despite Manslaughter Charges
    By John Bresnahan



    Jan 8, 2008

    (The Politico) Marine Staff Sgt. Frank Wuterich is continuing his libel lawsuit against Rep. John Murtha (D-Pa.), even after Wuterich was charged last week by military officials with nine counts of voluntary manslaughter for allegedly improperly attacking Iraqi civilians in Haditha following a Nov. 19, 2005 ambush. 24 Iraqi civlians died during the incident, which followed the earlier death of a U.S. Marine in an IED attack.

    Mark Zaid, Wuterich's lawyer, said that the manslaughter charges against his client actually strengthen Wuterich's arguement that Murtha libeled him when the veteran Democratic lawmaker - himself a former Marine - publicly claimed in May 2006 that Wuterich and other Marines "killed innocent civilian in cold blood" and Marine Corps officials were trying to"cover it up."

    "The new criminal charges filed against SSGt. Wuterich fully exonerate him from the spurious factual allegations publicly disseminated by Congressman Murtha," Zaid said in a statement. "There was no 'cold-blooded' murder or massacre committed by the Marines - plain and simple - and the Congressman should apologize as he was originally asked to do when the lawsuit was filed."

    Wuterich sued Murtha last August in federal court for libel and invasion of privacy. The Justice Department, which is representing Murtha in this case, claimed Murtha was covered under the Federal Tort Claims Act, which protects government officials from legal actions for official duties. Under FTCA, the United States would be substituted for Murtha as the defendant in the case, thereby ending since the government has sovereign immunity.

    Wuterich's legal team argued that Murtha was not acting in an official role when he made his statements about Wuterich and other Marines involved in the Haditha incident.

    A federal judge initially ruled against Murtha and DOJ, clearing the way for Wuterich's lawyers to depose Murtha. DOJ has appealed that ruling.

    Zaid said the "legal appeal that the government is now pursuing does not turn on the substantive facts of the case whether immunity should automatically attach whenever a congressional representative speaks to a member of the media without regard to where, when or the involved topic."

    Ellie


  3. #3
    Hadithah staff sgt. to go on trial in February
    By Chelsea J. Carter - The Associated Press
    Posted : Wednesday Jan 9, 2008 17:07:53 EST

    CAMP PENDLETON, Calif. — A Marine Corps squad leader will be tried next month on voluntary manslaughter and other charges stemming from a 2005 assault that killed 24 Iraqi men, women and children, a military judge ruled Wednesday.

    The judge set a Feb. 25 court-martial date for Staff Sgt. Frank Wuterich during an arraignment on the charges, which also include aggravated assault, reckless endangerment, dereliction of duty and obstruction of justice.

    Wuterich, 27, of Meriden, Conn., reserved the right to enter a plea at a later date. He also reserved the right to decide whether to be tried by jury or have the case decided by the judge.

    The charge of voluntary manslaughter includes specifications of a personal role in at least nine killings, naming seven victims plus one or more unknown people and that he ordered a lance corporal to kill a person.

    The killings occurred Nov. 19, 2005, in Hadithah after a roadside bomb hit a Marine convoy, killing the driver of a Humvee and wounding two other Marines. Wuterich and a squad member, Sgt. Sanick Dela Cruz, allegedly shot five men by a car at the scene. Wuterich then ordered his men into several houses, where they cleared rooms with grenades and gunfire, killing unarmed civilians in the process.

    The charges were filed late last month against Wuterich. More serious charges of unpremeditated murder, soliciting another to commit an offense and making a false official statement against Wuterich were dismissed by the Marine Corps.

    During the brief hearing, attorneys offered a glimpse of what evidence could be expected during Wuterich’s court-martial. Both sides told the judge they planned on calling bloodstain pattern analysis specialists, forensic pathologists and scene reconstruction experts.

    Wuterich’s civilian attorney, Neal Puckett, told the judge that Wuterich would not be using any defense of diminished mental capacity.

    At his preliminary hearing, Wuterich said that he regretted the loss of civilian life but that he thought he was coming under fire from the homes and was operating within the rules of engagement when he ordered his men to assault the buildings.

    Wuterich faces a sentence of up to 160 years in prison if convicted of all counts, though experts say such an outcome is unlikely.

    Four enlisted Marines were initially charged with murder in the case, and four officers were charged with failing to investigate the deaths. Charges against several of the men have been dropped, and none will face murder charges.

    Still facing court-martial, though, is Lt. Col. Jeffrey R. Chessani, who has been charged with dereliction of duty and violation of a lawful order on allegations he mishandled the aftermath of the shooting deaths. Chessani, of Rangely, Colo., was a battalion commander.

    First Lt. Andrew Grayson faces charges of making false official statements, obstruction of justice and attempting to fraudulently separate from the Marine Corps.

    Grayson, an intelligence officer from Springboro, Ohio, was not present at the scene of the killings but is accused of telling a sergeant to delete photographs of the dead from his digital camera.

    Ellie


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