Posted on 01/19/2012 6:01:29 PM PST by RedRover
Camp Pendleton, Calif. -- Defend Our Marines has learned there is a deal on the table inside a Camp Pendleton courtroom where SSgt Frank D Wuterich now balances choices that will determine the rest of life. The 31-year-old father of three can bite the proverbial bullet and ask for administrative separation, or he can dig in his heels and fight for the principles he has already proved he is willing to die for.
Another option, considered less likely but more compelling, is a “Directed Verdict,” in which the judge tells the government it hasn’t made its case in all or some of the specifications of the criminal complaint. Military lawyer Kevin McDermott, an Orange County-based attorney who has been defending Marines for his entire career, says a directed verdict sends a potent message to panelists that the government has it wrong. ”A snippet of evidence in every charge” is all military judge LtCol David Jones has to take umbrage with to cast doubt on the entire prosecution case, he said.
Within his own defense team, lead attorney Neal Puckett, a retired military judge, and co-counsel Haytham Faraj, a retired Marine lawyer, reportedly seem to be at odds over exactly what to do. Puckett is prepared to cash in his client’s chips, cut his losses so to speak, so Wuterich can go home to his three little girls. Proponents of “what is best for the client must always prevail” say that is hard to dispute. There is much to be gained from this approach.
Faraj, a tactically brilliant attorney who has shredded the government’s case thus far, reportedly wants Wuterich to stick it out to the end. Faraj is a go-for-the-throat fighting Marine who has literally captured the government’s witnesses and turned them into his own. The benefits of this approach are far less tangible although no less important. Faraj knows Wuterich is innocent. Implicit is his position however is the honor of the Corps. Even the crustiest Marine knows absolute absolution is the only way the institution they proudly serve can remove the virulent stain of the debacle at Haditha.
Co-defendant LtCol Jeffrey Chessani fought for that principle. He gave up his promising career rather than fold. Loyalty up and down the chain of command is central to the spirit of the Marine Corps. There are many within the Corps who feels Wuterich still owes a heavy obligation to it.
Absolution without a “not guilty” verdict however comes with a heavy price. There is still no guarantee Wuterich won’t find himself in jail.
The easiest way for ending it all is called SILT, a murky mechanism Wuterich must initiate himself. The acronym means Separation in Lieu of Trial, a commonly used device that allows Wuterich and the Marine Corps to save face.
SILT stipulates Wuterich must admit he did something wrong. For saying so, the government can provide him either a General Discharge under Honorable Conditions or remain persnickety and only agree to release him with a General Discharge under Less than Honorable Conditions; many say a mean spirited mechanism that provides the Marine Corps with a way to save face without even a taste of mercy. If the government discharges him under less than honorable conditions the Marines who risked his life will lose his veteran’s benefits and still be guilty of a crime. It is not the only option out there, but it is the most likely, several lawyers said. In essence, Wuterich bites the bullet and take a less than honorable discharge in return for unfettered freedom. The alternative is digging in his heels to fight the good fight for a principle he joined the Corps to preserve.
James Culp, an Austin-based attorney who specializes in military law, explained the SILT procedure. Either way it is a Hobson’s choice, he said. Wuterich must say he either committed a specified offense, or a lesser included offense to make a deal. He doesn’t have to identify which offense he admitted to; he simply has to agree he did something wrong. Lesser included offenses include a list offense almost as long as the list of potential charges included in the Uniform Code of Military Justice. In any event, it will follow him the rest of his life.
The only other alternative is to resume the trial. It is fraught with imponderables. Will the panel remember the haunting faces of the dead children, will it recall the vicious treatment of the Marines set upon by the chain dogs from the Naval Criminal Investigative Service who decided to build a case based on presumption and political intrigue, or will it return to the fundamentals of military service, where good order and discipline is not about justice, it is about holding together an institution that would otherwise fall apart.
Court resumes at 0830 Friday.
I can't imagine what he is going through and how his family is coping with the process they have to go through to be loyal tho their beliefs, their country and the corps.
I know what I want him to do. I am praying for Ssgt Wuterich to make the best decision for him and for the USA.
faces of the dead children
Show the panel some pictures like THIS. Then ask them whose side they are on.
Fight it out! I couldn’t do anything less for my children and I couldn’t live with myself if I did otherwise. Semper Fi!
Under these conditions I have to say fight it out.
His three girls have to be a huge factor but admitting guilt and taking a less than honorable when you know you’re right would go against everything that’s right, I don’t think I could do it but I’m not in his position.
After what SSgt Wuterich has been through I wouldn’t question his decision, no matter what it is.
Sigh
As a Marine and former Navy, (Please don’t ask), I feel as you do. HOWEVER, he must also think of his family.
I no longer trust anyone in government with my life.
I-—guess I don’t know what I would do. God bless him.
SSgt has done nothing wrong, so he can’t honestly admit that he has. Therefore SILT is not an option.
The Directed Verdict by Jones is the answer. Frank and Faraj fight on. Puckett fights on with them or stays out of the way.
But as Jaz says, it’s Frank’s call, and we must honor and defend his decision.
I agree that the directed verdict versus SILT is the answer but I don’t understand why Kevin McDermott says it’s less likely. Do you know why he says that? Is it a choice the defendant can make?
A terrible dilemma. Prayers for SSgt Wuterich.
For SSgt. W. to take a deal for the "good of his Marines" is inexcusable. It is a legal cop out that he will be sorry for the rest of his life. Lt. Grayson and the CO. has stood up for him until the end and it's no time to fall for a bluff. So many have given their all, career, life for 5 years, future plans, for the value of, "No Marine Left behind" ,to see Ssgt W. fall on his own sword. For SSgt. W. to take a deal is unacceptable and unthinkable, and wrong. Doesn't he realize that they have nothing on him for him to need to make a deal?
Fight.
I AM thinking of my family, Brother. We must lead by example - damn what others may say or think! We are men. We are Marines! Well, almost Marines.
I think the choice is with Jones. Maybe McDermott doesn't think a directed verdict is something Jones would want to do. Personally, I get the impression Jones is fed up and would be glad to move to a directed verdict just to get this over with. But unlike McDermott I'm no expert, and certainly no lawyer.
Thanks for posting. No argument here.
I think the directed verdict is a last resort—avoiding judicial overreach. The preference is for the two sides to come to terms. But the judge could step in. If SSgt Wuterich doesn’t accept the deal, he may.
Personally, nothing less than a full exoneration will satisfy me. I understand why Don Dinsmore wrote what he did above. But then I don’t have to live with the consequences.
Whatever happens, I’ll celebrate the end of this long ordeal—while still grieving that it ever came about.
All I can come up with is the "Last side to talk usually loses rule".
I'll pray on it.
Thank you both, I was unclear on the directed verdict.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.