Posted on 09/01/2007 11:59:34 AM PDT by RedRover
Camp Pendleton -- A sergeant granted immunity from prosecution for allegedly murdering five Iraqi men in Haditha crumbled under hard questioning by a Marine Corps lawyer in the second day of Staff Sergeant Frank Wuterich's Article 32 hearing.
Wuterich, 27, from Meriden, Connecticut is accused of murdering 17 Iraqi civilians following the ambush of his squad on November 19, 2005. During the daylong fight, 24 Iraqis were killed by Marines, dueling with several groups of insurgents hiding among the civilians cowering in their homes. When the fighting ended eight insurgents had been killed and at least two others were captured – one of them holding an infant he had grabbed from a nearby home. The Marine Corps has characterized the fight as a “city-wide, complex ambush” that left one Marine dead and 11 others wounded.
The witness, Sgt. Sanick P. Dela Cruz, alternately seemed confused, mystified, and dumbfounded during his rambling testimony.
Government prosecutors hope Dela Cruz can convince Investigating Officer Lt. Col Paul J. Ware to recommend Wuterich stand general courts-martial for the alleged murders. If Wuterich is found guilty of the charges he faces a possible dishonorable discharge from the Marine Corps and life imprisonment for his role in the killings.
Sgt. Dela Cruz's testimony
During the proceedings Friday, while Dela Cruz stumbled through his testimony, Wuterich seemed calm and collected. Sitting behind him was his wife, mother and father, who have suffered both deep emotional and severe financial hardship finding the means to afford civilian defense attorneys to defend him.
The first two hours of testimony on Friday was driven by government prosecutor Lt. Col. Sean Sullivan, a Chicago lawyer and Marine Corps reservist prosecuting the case. Sullivan led Dela Cruz through the opening minutes of the day-long fight that began when an Improvised Explosive Device detonated next to a Humvee in a convoy of four vehicles, killing one Marine and wounding two others.
According to Dela Cruz, Wuterich gunned down five Iraqi men standing by a white sedan stopped adjacent to the ambush site seconds after the bomb exploded. Dela Cruz testified that Wuterich began shooting the men without provocation after they emerged from his vehicle.
Dela Cruz’s most damaging testimony came when he claimed that a week before the deadly ambush Wuterich told him that his squad should kill everyone in the area if they were ever attacked by a roadside bomb.
During four hours of cross examination by defense attorney Lt. Col. Colby C. Vokey, Dela Cruz was unable to clearly explain his previous testimony. At one point he simply stopped talking and stared into the distance, seemingly at a loss for words. At other times he simply rambled on until he was ordered to quit talking.
Vokey was particularly critical of Dela Cruz’s characterization of the attack on the five Iraqis he claims were standing by a white car that appeared at the ambush site almost simultaneously with the IED explosion. Vokey pointed out that Dela Cruz had offered government prosecutors at least three different versions of what happened during the episode.
Dela Cruz explained that he was lying during those statements to protect himself and his squad from possible retribution by investigators. He said he eventually decided to tell the truth after his battalion had redeployed back to its home base at Camp Pendleton without himself and four other Marines initially charged with murder.
“It was a false statement that I made to NCIS,” Dela Cruz said in response to Vokey’s question about why he had lied in two previous statements to investigators. “The whole battalion was gone and myself, Sharratt, Tatum, Salinas and Mendoza were the only ones left. I decided to tell the truth.”
A few minutes later Dela Cruz tried again to explain away the inconsistencies he made in his previous sworn statements to Army and NCIS investigators about his role in the alleged murders of the five Iraqi men standing by the white car.
“In the April 2nd statement - first of all I would like say that the statement I made on 18 March (2006) - was correct except for the white car.”
Vokey interrupts him.
“You lied because you were worried that you committed murder. You were worried that you committed murder. Just a few minutes ago you said you didn’t shoot them, that they were already dead. So why would you be worried about committing murder?” Vokey asked.
“I shot at them, I shot at them, sir,” Dela Cruz responded.
“Maybe you are worried that you committed murder because you were the first one to shoot.”
“No, sir,” Dela Cruz answered.
“If you say the Staff Sergeant Wuterich was the one firing and you didn’t perceive a threat from the white car, then why did you ever say that you fired - but you didn’t shoot them?" Vokey retorted. “So why were you worried about being charged with murder? If they were already dead you couldn’t murder them, could you?”
Dela Cruz didn’t answer.
Vokey’s challenge to Dela Cruz’s veracity over the “white car incident” was only the beginning of his confrontation with the prosecution’s star witness. About an hour later, Vokey took Dela Cruz to task again.
"[In your first two statements]…you said you were firing at the white car and that they were running and you yelled ‘kuff, kuff … stop, stop.’ How many seconds after the IED went off did they stop their vehicle? Vokey demanded.
“Maybe a second, sir", Dela Cruz responded.
“When they got out of their vehicle after an IED explosion you did not perceive them as a threat? On the...first NCIS statement you said it was you who fired first. You changed your answer to Sgt. Wuterich was the one who fired….”
“That is the truth, sir,” Dela Cruz answered.
“Then what were they doing?” Vokey demanded.
“They were being nosy. They had their hands up looking around, they were being nosy, being curious.… I did not see them as a threat, they were just standing there,” Dela Cruz explained.
“After he started firing first you preceded behind the vehicle and started shooting them on the ground?” Vokey demanded.
“After I saw Sgt. Wuterich shooting at them I thought they might be a threat.”
“You thought they might be dead – correct,” Vokey inquired.
“Yes, sir.”
So why did you shoot into the bodies? Vokey asked.
“Just to make sure they are dead,” Dela Cruz responded.
“If they are dead they are not a threat, are they?” Vokey continued.
“I just wanted to make sure they were dead,” Dela Cruz explained.
“You were pissing on his skull, weren’t you? His head was split open and you were urinating on his skull. Did someone see you do this? In your statement you said you might have seen [that] somebody had seen you. You were just pissing on a dead man’s skull.”
“Yes sir,” Dela Cruz responded.
And later:
“I know it was wrong, my emotions took over,” Dela Cruz explained. “I know it was the wrong thing to do and I wasn’t thinking right. T.J. [Miguel “T.J. Terrazas – killed in the IED explosion] was gone and two other Marines were hurt and my emotions took over.”
And later:
“Did you fail a polygraph?” Vokey demanded.
“Yes, sir.”
“No further questions.”
Charges coming in the Fallujah investigation
Meanwhile, the unrelated case against another group of Marines for an incident during the battle of Fallujah in November, 2004 continues to grind forward. Defend Our Marines has learned that in addition to former sergeant Jose Luis Nazario and Sergeant Jermaine Nelson, already charged in connection with the alleged murders, as many as five other Marines from the embattled 3rd Platoon, Kilo Company, 3rd Battalion, 1st Marines, may be implicated in that alleged incident.
Kilo Company, 3/1 was lauded as one of the finest combat units in the United States Marines Corps when it returned from Iraq after its second deployment in March, 2005. Its ranks included two Navy Cross recipients and a platoon’s worth of Silver and Bronze Star recipients decorated for their heroic campaign in 2004. Two years later it would be recognized again – as the most disgraced unit in the entire Marine Corps.
Some of the men who fought at Fallujah, including former Corporal Ryan Weemer, who initially made the allegations, could be recalled to active duty so the government can pursue the investigation, sources said. Currently Weemer is a college student in Kentucky. The Naval Criminal Investigative Service has been pursuing the investigation since Weemer revealed the alleged murders during a polygraph examination for a uniformed Secret Service job last year. Charges against at least one more Marine are expected to be announced Tuesday.
Colby was a year behind me at Texas A&M, I’ve known him since 1983...
SSgt Wuterich (or somebody on his behalf) said their prayers.
Last saw him a few years back when he was still a Major with the JAG at Camp Pendleton. Married with kids. He is one of the most honorable marines I’ve ever known.
I don’t know and like freema brought out, Murtha served the majority of his time in the Marine reserves. That may mean nothing but with his despicable behavior in this case I’m skeptical of coincidences, the turkey knows many people in the military.
Coincidentally, a wise old woman once told me there are no coincidences.
How many Aggies does it take to make chocolate chip cookies?
I agree with the wise old woman. :)
In cross-examination, however, Major Haytham Faraj suggested a girl who survived the shootings had identified Mendoza as the gunman, sparking an angry reaction from prosecutors.
"The girl in question already identified another Marine," Sullivan stormed. "This is completely unethical, inappropriate and has no basis in fact."
Mendoza had given similar testimony during a preliminary hearing against Tatum earlier this year.
Investigating officer Lieutenant Colonel Paul Ware, who is presiding in Wuterich's hearing, last week recommended dropping murder charges against Tatum, describing Mendoza's evidence as "too weak."
Later in cross-examination Mendoza praised Wuterich's leadership. "I think he's a great Marine, sir," he said.
Defense lawyers will argue that Wuterich followed established combat zone rules of engagement.
Of the four Marines charged with murder, two have since had charges withdrawn, while allegations against Tatum are also expected to be dismissed.
Wuterich also faces charges of making a false statement and asking another Marine to do the same. He faces a life sentence and dishonorable discharge if court-martialed.
http://fe27.news.re3.yahoo.com/s/afp/20070831/ts_alt_afp/usiraqmilitarywarcrimeshaditha_070831020421
You’re lucky to have him as a friend! I’ve only ever heard great things about him. For instance, when the father of a 3/1 Marine (not one of the accused) wanted to see a hearing, Vokey got him in and went out of his way to be hospitable at Pendleton. And he’s always been gracious in e-mails (though he never answers mine—just lilycicero’s!).
In cross-examination, however, Major Haytham Faraj suggested a girl who survived the shootings had identified Mendoza as the gunman, sparking an angry reaction from prosecutors.
"The girl in question already identified another Marine," Sullivan stormed. "This is completely unethical, inappropriate and has no basis in fact."
Mendoza had given similar testimony during a preliminary hearing against Tatum earlier this year.
Investigating officer Lieutenant Colonel Paul Ware, who is presiding in Wuterich's hearing, last week recommended dropping murder charges against Tatum, describing Mendoza's evidence as "too weak."
Later in cross-examination Mendoza praised Wuterich's leadership. "I think he's a great Marine, sir," he said.
Defense lawyers will argue that Wuterich followed established combat zone rules of engagement.
Of the four Marines charged with murder, two have since had charges withdrawn, while allegations against Tatum are also expected to be dismissed.
Wuterich also faces charges of making a false statement and asking another Marine to do the same. He faces a life sentence and dishonorable discharge if court-martialed.
http://fe27.news.re3.yahoo.com/s/afp/20070831/ts_alt_afp/usiraqmilitarywarcrimeshaditha_070831020421
That's a travesty. When the charges are dropped, Murtha and crew need to reimburse these families for what the government has done to them. :-(((
Thanks for keeping that graphic updated, jaz!
Hiya Star, RedRover is the one who has the stuff and the know how to keep it updated, I just copy it from him and try to keep it posted. :)
Ah-ha! He has the stuff, does he? ;-)
Yes, I have it and I can’t get rid of it no matter how hard I try! ;)
not sure if this has been posted anywhere, but did you know that Wuterich is going to be on 60 Minutes tomorrow night?
Thanks for that reminder. I believe it’s a repeat. But since SSgt. Wuterich’s hearing is on-going, I guess it makes sense for them to get some more air time from an older segment.
We did a live thread when the interview was first broadcast (either in April or May). Maybe I should ping people to that thread to let them know?
Me Lie II is crumbling under the Truth
Pray for W and Our Marines
Not a bad idea to ping it. Did CBS treat him fairly?
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.