Lawyer in Haditha Case Plans to Depose Murtha [LCpl Tatum court martial]

Fox News 6 ^ | December 19, 2007

[RedRover]

The defense for a Marine accused in the deaths of 24 Iraqi civilians said Wednesday it wants to depose a Pennsylvania congressman to determine whether a general told him that the accused and his squad killed in cold blood.

Jack Zimmermann, an attorney for Lance Cpl. Stephen B. Tatum, told judge Lt. Col. Eugene Robinson that he also wants a deposition from Gen. Michael Hagee, former commandant of the Marine Corps now retired, to find out what he may have said to Rep. John Murtha, D-Pa., and to Marines serving in Iraq.

Zimmermann said outside a Camp Pendleton courtroom that he is concerned about possible tainting of the jury pool among Marines at Camp Pendleton who've deployed to Iraq.

Tatum, 26, whose court-martial is scheduled to begin March 28, is charged with involuntary manslaughter, reckless endangerment and aggravated assault for his role in the deaths of the civilians in Haditha, which took place on Nov. 19, 2005, after a Marine was killed in a roadside bombing.

Women and children were among those killed by the Marines.

If convicted on all three charges, Tatum faces 19 years in the brig.

Zimmermann said Murtha, a former Marine who is an outspoken opponent of the Iraqi war, refused to be interviewed because squad leader Staff Sgt. Frank Wuterich -- who is charged with unpremeditated murder in 17 of the deaths -- filed a defamation lawsuit against him last year.

"Murtha said (during several media interviews) he was briefed at the `highest levels' that Marines (in Tatum's squad) committed murder, killed in cold blood ... it was another My Lai," said Zimmermann.

My Lai was the site of the killing of more than 300 apparently unarmed Vietnamese civilians by U.S. soldiers in 1968.

"Could these be construed as political rantings?" the judge asked the defense attorney.

"Murtha said, 'I was briefed by the commandant of the Marine Corps,'" Zimmermann responded.

The attorney urged the judge to order depositions by Murtha and Hagee.

"We don't think there's any congressional immunity here," Zimmermann said. "We want to ask General Hagee, Did you tell him (Murtha) that? Where did he get this? Is he making it up?"

Prosecutor Maj. Daren Erickson asked the judge to allow prosecutors to travel to Iraq to obtain depositions from some witnesses to the killings, including several children.

Erickson said the witnesses have refused to come to the United States to testify in the case.

Robinson didn't rule on any motions today. Another motion hearing for Tatum in scheduled Jan. 9.

Eight Marines were originally charged in the case, but charges were dropped against half of them.

Lt. Col. Jeffrey Chessani, the battalion commander and highest-ranking Marine charged, is scheduled to stand trial April 28. He is charged with dereliction of duty and violating a lawful order for failing to report and accurately investigate the deaths.

Lt. Andrew Grayson is charged with dereliction of duty, making a false official statement and obstruction of justice.

[Lancey Howard]

See his bio above. He served as a Marine artillery officer in Vietnam.

Interesting. I once had a CO who was also a Marine artillery officer in Vietnam.
His name was Major Tom McCarthy.

[Velveeta]

I’d pay to watch Murtha deposed.

[Lancey Howard]

Whoa... I just read Jack Zimmerman’s bio and it sounds to me like JAG is way overmatched here. Mr. Zimmerman may be a little uncomfortable about this case, though - - it is said that, “There is no client as scary as an innocent man”. I am pretty sure that Jack Zimmerman will give this case everything he’s got, and more. For Mr. Zimmerman and his client, there is no verdict except “Not guilty”.

[Shelayne]

Jack Zimmermann, an attorney for Lance Cpl. Stephen B. Tatum, told judge Lt. Col. Eugene Robinson that he also wants a deposition from Gen. Michael Hagee, former commandant of the Marine Corps now retired, to find out what he may have said to Rep. John Murtha, D-Pa., and to Marines serving in Iraq.

Excellent. Thanks for the PING, Red!

[Shelayne]

Every time I see these screen shots of Murtha projecting his bile, I just want to throw something at my monitor.

But I won’t. ;^)

[smoothsailing]

Every time I see these screen shots of Murtha projecting his bile, I just want to throw something at my monitor.But I won’t. ;^)

Yeah, Shelayne, I know what you mean.

[Semper Fi Mom]

Many thanks again Red for thinking of us. I guess it will probably be another year, or more, before we can say we had a holiday we could enjoy. We appreciate all you have done and continue to do for us. Please, everyone, keep us all in your prayers. The going is tough! Hope Murtha rots in hell for all the anguish he has caused.

[Grimmy]

>Prosecutor Maj. Daren Erickson asked the judge to allow prosecutors to travel to Iraq to obtain depositions from some witnesses to the killings, including several children.<

How’s that for a little nugget of stink? This legal eagle wants to gather more disinformation straight from the mouths that have already changed their stories numerous times.

Yeah, real good thinking among the JAGoffs. Lets go ask the enemy what they’d prefer our version of reality be in regards to these Marines.

What is it with these morons?
The herd needs culling, desperately.

[bray]

LCpl Tatum is a hero and Turda is a Traitor.

Pray for W and Our Troops

[Girlene]

Good for Jack Zimmerman. Keep reminding the public why this case became so public and political.

I agree, Cicero, the point about the Iraqi witnesses is interesting. If the Iraqis refuse autopsies and refuse to come to the US to testify, the prosecution's case is much weaker. This Marine deserves to face his accusers, especially in light of facing 19 years in the brig. On top of that, it has never been established who was responsible for whose deaths that day.

That is probably why LCpl Tatum's original charges of negligent homicide and aggravated assault against specific individuals were reduced to aggravated assault and reckless endangerment of unarmed men, women, and children in general. Preferred Charges and Specifications He still has charges of involuntary manslaughter of two specific Iraqi individuals. For that reason alone, he deserves to face his accusers and have a cross examination in court.

[natshouse]

Good evening if anyone is still awake... I was talking to with the campaign manager for the fellow running against Murtha in the 12th Congressional District in PA... a fellow named Larry Stiles - Murtha’s opponent is a gentleman named William Russell, a Reserve Army Lt Col and two - deployment veteran to the Gulf. He says there are about 50,000 veterans in Murtha’s Congressional District of 650,000 + residents and they are so incensed by his name calling - a central issue with his opponent who doesn’t have too much else to run on - that that it caused Murtha to flip-flop on the surge issue - was bad policy/now good policy hoping to regain some traction. The race is considered so vital by the republicans they are sending help from the Republican central Committee to unseat Murtha because they think the veterans make him so vulnerable... just thought it might be something nobody has heard... I didn’t know any of it anyway.

[sono]

PING

Instant Karma, Lardass.

[Ann Archy]

Murtha has an EMPIRE built in his district with his brother getting MILLIONS and MILLIONS of OUR DOLLARS!!

[bert]

Murtha can’t be deposed if his head is on a pike anchored to the west capitol steps.

[smoothsailing]

Hey Guys, American Thinker has picked up on the story!

http://www.americanthinker.com/blog/2007/12/murtha_may_be_put_under_oath_a.html

[jazusamo]

That’s great news they picked it up, every little bit helps!

[Marysecretary]

How sad is that? He’s the age of my grandsons.

[Cicero]

Yes. Sometimes I wonder which is worse, a far out moonbat or a corrupt pork guzzler.

No problem with Murtha, since he combines both under one hat.

[Marine_Uncle]

This all should be a no brainer at this point. What Blurtha said or did not say should not enter the equation. All the facts where brought out in tiny detail as how our Marines followed their ROE. It is beyond me why any of these Haditha Marines are still under the gun. Mattis should have made a blank drop all cases due to tainted and misleading evidence.
Of course I would love to see Blurtha hung out to dry.

[RedRover]

Terrific! American Thinker has done great work throughout this whole mess.