Posted on 09/26/2008 11:31:04 AM PDT by smoothsailing
By Michael Jones, Staff writer
PITTSBURGH - Hours after filing a federal slander lawsuit against Congressman John Murtha, 24-year-old Justin Sharratt coolly described in one word what he wants from the man who said he and his fellow Marines killed "innocent civilians in cold blood."
"Justice," Sharratt said without flinching. "Basically, just showing America that a congressman can't get on TV and say anything he wants."
Sharratt, of Canonsburg, was charged in 2006 with three counts of unpremeditated murder after a battle on Nov. 19, 2005, in Haditha that left 24 Iraqis dead. The charges were dropped in July 2007, but his resentment toward Murtha lingers because of what it has done to his reputation.
"What (Murtha) did was completely unnecessary and outrageous," said Sharratt's lawyer, Noah Geary, at a news conference in his downtown office.
The federal lawsuit, filed Thursday morning in U.S. District Court in Pittsburgh, alleges Murtha, D-Johnstown, made comments outside the scope of his employment as an elected official that slandered Sharratt, presumed he was guilty and violated his right to due process. It also claims Sharratt has "lost significant employment opportunities" during this time and has "suffered permanent, irreversible damage to his reputation."
Six months after the Haditha incident in 2005, Murtha said he was briefed by military officials about an investigation involving the Marines. At a news conference on May 17, 2006, he told reporters that the Marines snapped after one of their comrades was killed by a roadside bomb and killed innocent civilians in retaliation.
"There was no firefight. There was no IED that killed these people," Murtha said, alluding to an initial report that 15 civilians were killed by a roadside bomb. "Our troops overreacted because of the pressure on them, and they killed innocent civilians in cold blood."
He went on several talk shows over the next two weeks and repeated his claims, citing top military officials. The Department of Defense distanced itself from the comments, and Geary bluntly said Thursday that he thinks Murtha made the story up.
"And if he did hear something, it was speculation at best," Geary said.
Murtha did not return a call seeking comment.
Sharratt testified that two of three men he killed were armed with AK-47 assault rifles. He said he killed a third man who appeared to be moving toward a closet where weapons were later found. Sharratt said he never entered two other houses where more Iraqis were killed.
Friends have been supportive of Sharratt, but people who see him on the street have called him a "baby killer" or accused him of "slaughtering people." He also said he has received numerous threatening e-mails.
The family has phoned Murtha's office about 50 times, and Sharratt's father, Darryl, spoke to the congressman once. Murtha was unapologetic about his comments, the family said.
"I feel a lot better now knowing Murtha is getting the justice he deserves," Justin Sharratt said.
The timing of the lawsuit raises questions of whether Sharratt is trying to influence the upcoming election between Murtha and his Republican challenger, William Russell. Geary disputed that suggestion and said this is a legal action designed to show that Sharratt's constitutional rights were violated. It also falls within the one-year statute of limitations, Geary said, because Sharratt was honorably discharged from the Marines last fall.
Sharratt added that he has met Russell only once, last year while at a campaign event for Washington County Commissioner Diana Irey. He has not had any communication with Russell or his campaign since then, Geary said.
In an an interview last December with the Observer-Reporter, the family said they would like to see Murtha removed from office, and they were endorsing Russell.
Murtha will have 60 days to respond to the lawsuit and could hire a lawyer through the Justice Department. Geary expects Murtha will attempt to dismiss the lawsuit by saying he was acting in the scope of his duty as a government employee.
And although Geary acknowledged there are "tricky issues with immunity and an uphill battle" with the lawsuit, he said Sharratt remains committed to clearing his name.
Thursday's filing was another step Sharratt and his family have made over the past three years.
Sharratt has moved back from California and is living with his parents in their Canonsburg home. He said he is looking to apply to several Pittsburgh-area colleges and wants to study criminal justice.
Copyright Observer Publishing Co.
The lawsuit claims Murtha violated Sharratt’s constitutional rights to presumption of innocence and due process of law. Sure looks to be an obvious win! Would be great to see both marines collect a summary judgment of, say, about $5,000,000 or so from the ex-Marine congress critter!
That was an excellent article, thanks for the link. I’ll check back later and make it a separate thread if nobody else has.
The real shame comes with his immunity .
Justice WILL prevail!
No one would like to see murtha punished more than me and Sharratt . murtha is a skunk of the highest order ,,,,,, and a traitor by any moral standard .
Murtha said his office has been deluged with phone calls about the issue, 50 to one against what his constituents call a bailout for Wall Street.
Murtha Explains His Vote For Bailout Plan
Let's hope the scumbag just gave another reason to once loyal voters to replace him come November.
thanks for the ping .
Any word on what’s happening with this case lately?
I'm pinging this to experts.
I’m on the Haditha list but thankfully not on this Murtha Watch list. Worthy of a Haditha ping?
>> people who see him on the street have called him a “baby killer” or accused him of “slaughtering people.
This kind of crap really ticks me off
Murtha has turned everything over to DOJ lawyers for response. And that's where things stand on the Sharratt case.
The DOJ's stance is that Murtha is immune from any slander suits because he is a member of Congress. I've posted legal documents (from both government and plaintiff) in the SSgt Wuterich slander suit HERE so you can read the DOJ's argument if you want.
In addition to the Sharratt suit, the SSgt Wuterich slander suit is also still in play. We're waiting for a decision from an appeals court regarding Murtha's immunity. Whatever the decision, this case is likely to go to the Supreme Court.
Thanks for the overview and the document link, Red!
Thanks for the update. This case if very interesting to me and I hope Murtha pays for what he’s done.
And amen!
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