SSgt Wuterich Tells His Story in Court Today (Last Haditha Marine-Trial-Day Eleven)

Puckett and Faraj PC ^ | 1-20-2012 | Neal Puckett and Haytham Faraj

[smoothsailing]

SSgt Wuterich Tells His Story in Court Today

Neal Puckett and Haytham Faraj

January 20, 2012

Scott Pelley of CBS 60 Minutes, asked just as direct and hard-hitting questions as any government prosecutor in a 2006 interview of SSgt Wuterich. Today in court the prosecution played nearly 3 hours of outtakes where Pelley attempted to get Wuterich to admit his Marines went on a rampage in Haditha Iraq.

The prosecution team hoped to show that Wuterich admitted to shooting 5 military aged men and made irresponsible decisions to declare a house hostile and then prove he did it without clear understanding of the rules of engagement. Instead, those in the court room watched the last Marine take responsibility, correctly define the rules of engagement in force in 2005 and all specific training for the squad as well as identify the truth of what happened that day.

SSgt Wuterich identified that he used 4 main indicators to determine that the men who drove up simultaneously with the IED explosion could have been insurgents. He further explained the incoming small arms fire on the smoldering remains of the 4th Humvee as emanating from a house south of the explosion site. With careful detailed descriptions, Wuterich told Scott Pelley how he positively identified the house, which may have harbored insurgents and how his squad cleared that house and a second one right behind it.

In the entire 3 hours, Wuterich never once blamed the Marine Corps, his squad, his commanders or the intelligence briefs given to his squad that day. He calmly explained combat and the results of engagements. Throughout it all, Wuterich took responsibility as the senior person in the squad. He came across as truthful, forthright and humane. His testimony was in stark contrast to Sgt Mendoza. Mendoza gave rambling, contradictory testimony and at times admitted to lying to investigators. Nevertheless, Sgt Mendoza has been awarded a combat action ribbon and been promoted three times since the events at Haditha. SSgt Wuterich has yet to be awarded his combat action ribbon for the same day in combat.

[Lancey Howard]

No way will I second guess this decision by Frank Wuterich. More than anything I am disappointed in the scumbag Pentagon for continuing to pursue this disgraceful prosecution for 6 years. It will be interesting to see the sentencing. I have to go puke now.

[xzins]

If 90 days is the maximum, I’m sure that will be waived after living this for 6 years. It is the end of his Marine career, but he probably wouldn’t have stayed anyway. It already was over.

It cost him his marriage and 6 years of his life.

Now he can be with his kids.

What do you think....the white car? It has to be something that could be viewed as a misdemeanor in retrospect. Since he had reasonable warning of a white car he acted, but should have awaited a better PID? (I don’t buy that, I’m just guessing.)

[jazusamo]

I think all punishment should be waived for what he and his family has gone through. I believe he’s already stated he’ll not stay in the Marine Corps.

I’ve no idea on what his plea pertains to but believe one of the charges was strictly dereliction of duty. I don’t see how it could be attached to any of the manslaughter charges because they wouldn’t have been a misdemeanor, I don’t believe.

[xzins]

Red posted the orignal 3 dereliction charges the other day, with link

Red cautioned that the charges might have changed since the original specifications.

Charge I: Three specifications of a violation of the UCMJ, Article 92--Dereliction of Duty

Original specifications under this charge:

Specification 1: was derelict in the performance of duty by willfully failing to achieve Positive Identification (PID) of targets by engaging one or more unknown persons located near a white car with a loaded M16A4 service rifle.

Specification 2: was derelict in the performance of duty by willfully failing to ensure that the Marines under his charge obeyed the Rules of Engagement by ordering the Marines under his charge to “shoot first ask questions later.”

Specification 3: was derelict in the performance of duty by willfully failing to achieve Positive Identification (PID) of a person believed to be Yunis Salim Rasif.

It strikes me that agreeing to the white car dereliction is mitigated in the future by the judge at last allowing the intel about the white car to be admitted.

Can you appeal even a deal later on if more intel becomes available?

[Girlene]

While it is sad that SSgt Wuterich did not receive a full exoneration, the uncertainty is over for Wuterich and his family.

According to this article, Marine reaches plea deal in killing of civilians at Haditha in case that fueled Iraqi anger Wuterich faces a maximum of three months confinement, two-thirds forfeiture of pay and a rank demotion to private when he's sentenced, likely on Tuesday. The plea agreement calls for manslaughter charges to be dropped.

SSgt Wuterich and his family put up an incredible fight for years, and can now move on to a more normal life.

Thanks for keeping us up to speed all these years, Red.

[jazusamo]

Thanks, xzins. I just don’t know on this or the possibility of appeal.

Hopefully we’ll find out soon, maybe a legal type will post or Nat will have something in his piece.

[jazusamo]

Thanks, Girl. Julie Watson/AP didn’t even know the correct name of defense co-counsel.

[xzins]

It was the shoot first and ask questions later specification:

From the San Fran Gate: link

In a hearing to determine if the facts of the plea were accurate and that he agreed, Wuterich acknowledged he was negligent in his duties because he told his squad to shoot first and ask questions later, or words to that effect.

"Honestly, I probably should have said nothing," Wuterich told the judge, Lt. Col. David Jones. "I think we all understood what we were doing so I probably just should have said nothing."

Later he added: "I shouldn't have done that and it resulted in tragic events, sir."

My memory is that those words of similar ones were in the TV interview with Pelley. He probably didn't trust the jury to go beyond the simple question of "did he or did he not say those words?"

Maybe he was watching jury faces.

[jazusamo]

Yes, that has to be it.

[smoothsailing]

I'm going to wait until we have definitive word from Nat Helms and Red before posting anything to the Master Thread.

The news reports on the web are all over the place with this, and DEFEND OUR MARINES is the only source I'm interested in.

[jazusamo]

Amen!

[amom]

Hanging in here waiting with you. Prayers continue.

[GopherIt]

Let me take this moment to salute you all for exhibiting a level of steadfastness in support of a servicemember as I have ever seen. God bless you.

[TheOldLady]

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[Gene Eric]

I think this news is worthy of Haditha list ping. Do you guys agree?

I realize we may be waiting for the preferred article, but given the significance of events, we could inline the ping here to inform the uninformed during the interim.

[lilycicero]

*sigh*...God Bless him!!!

[jazusamo]

Amen, Lily!

[smoothsailing]

Red has the lead on this.

The definitive story will be Nat Helms’ update.

We’ll ping the list once that is posted.

Patience, FRiend. :)

[Gene Eric]

Understood.

[Girlene]

It was the shoot first and ask questions later specification:

xzins, SSgt Wuterich admitted to saying that from day one. He said it in his "deposition" or whatever they call it from the first investigation. He said it again in the 60 Minutes interview.

All he is acknowledging at this point, is "maybe" if he hadn't said it, the results would be different. My thoughts are that whether he said it or not, the results would likely not have been different. We all wish it had turned out different that day. Who wants even one innocent killed?

He's paying the price, for everyone, for what happened that day. The Marines have lost a good man. He can stand tall knowing he protected his men to the best of his ability, before and after the "Haditha incident".