Judge in Haditha case told to review '60 Minutes' clips
By Rick Rogers
STAFF WRITER

December 3, 2008

CAMP PENDLETON – A military judge has been ordered to review the outtakes of a “60 Minutes” interview with the main defendant in the Haditha case, in which some Camp Pendleton Marines are accused of unjustifiably killing 24 civilians in Iraq or not investigating the deaths fully.

Lt. Col. Jeffrey Meeks must determine whether the footage contains anything of legal value to the military's prosecution of Staff Sgt. Frank Wuterich, the Navy-Marine Corps Court of Criminal Appeals said in its Nov. 17 ruling. It's unclear when Meeks needs to complete the analysis.

In a 3-2 decision, the court said Meeks erred in quashing the prosecution's subpoena seeking unused portions of the interview that Wuterich granted to the CBS news program “60 Minutes.”

Attorneys for CBS had argued against allowing Meeks or others to view the unaired material. Kevin Tedesco, a spokesman for “60 Minutes,” declined comment on the latest developments.

Wuterich's civilian attorneys could not be reached, and Marine prosecutors have a policy of not discussing their cases.

CBS broadcast its interview with Wuterich on March 18, 2007. In it, Wuterich recounted the Haditha incident, which took place Nov. 19, 2005.

The Marines' killings began shortly after a roadside bomb killed a member of their convoy. Wuterich, a squad leader, said the deaths of civilians was regrettable but also unavoidable during legitimate combat against insurgents.

Prosecutors have said in court that Wuterich and other members of his squad went on a vengeful killing spree.

Wuterich is charged with voluntary manslaughter, aggravated assault, reckless endangerment, dereliction of duty and obstruction of justice. If convicted, he could be sentenced to more than 160 years in the brig.

Ellie