Marine sues Murtha for slander (from paper in Murtha's district)

Last modified: Friday, September 26, 2008 6:02 AM EDT

In this photo taken from his official Web site, Marine Lance Cpl. Justin Sharratt, 24, of Canonsburg, waits for his trial to begin. He is suing U.S. Rep. John Murtha for slander, saying the Johnstown congressman presumed him guilty before he had his day in court. (Submitted photo)

Marine sues Murtha for slander

By MICHELLE GANASSI
Daily American Staff Writer

A Marine exonerated on murder charges in the Haditha encounter is suing U.S. Rep. John Murtha for convicting him in the media before his day in court.

Marine Lance Cpl. Justin Sharratt, 24, of Canonsburg, filed a lawsuit Thursday in federal court, stating Murtha, a Vietnam War veteran, repeatedly appeared on national television calling the Marines “cold-blooded killers” following the November 2005 incident in which 24 Iraqis, including women and children, were killed. The men opened fire after one Marine died and two others were wounded by a roadside bomb.

Sharratt said the Marines killed insurgents, not civilians.

Sharratt’s attorney, Noah Geary of Pittsburgh, said his client was in a “very scary position” when he watched Murtha on television claiming he was guilty before his trial.

“Murtha is the chair of the Armed Services Committee and has a lot of power,” Geary said. “Justin knew he didn’t do anything wrong and was innocent, but he also knew there was pressure on the Marine Corps to get convictions based on what Murtha had said.”

Murtha spokesman Matthew Mazonkey said the Johnstown congressman would not be commenting on the lawsuit.

In the 13-page lawsuit, it says that starting in May 2006 Murtha made several defamatory statements about the Haditha incident, adding that the statements were made outside of Murtha’s scope of employment as a United States congressmen. Comments a representative makes on the floor are protected.

The lawsuit cites several television appearances in which Murtha referred to the incident as a massacre. He said members of the “highest levels of the Marines told him what happened.” He also alleged a cover-up by the Marine Corps.

Sharratt accuses Murtha of repeatedly saying on CNN, NBC and other networks that Sharratt and his fellow Marines “overreacted because of the pressure on them.” Murtha compared the incident to the 1968 My Lai massacre in which 347 unarmed Vietnamese villagers were killed.

“Murtha did not know what he was talking about and slandered him,” Geary said. “Ironically, he is one of Murtha’s constituents”

Sharratt is seeking damages as well as attorney’s fees for emotional distress and damage to his reputation. Sharratt decided to leave the Marine Corps after the incident.

“He was honorably discharged,” Geary said. “He had the chance to resume his military career and at one point considered it. Justin was so disillusioned with what Murtha had done he said, ‘Well, I’m going to take this honorable discharge.’”

Geary said the timing of the filing was not politically motivated. Murtha is running for his 18th term in the 12th Congressional District.

“I filed a legitimate slander lawsuit,” he said. “If this was an off year we still would have filed it. Murtha did violate his constitutional right to a fair trial.”

Sharratt is the second Marine to sue Murtha over his comments about Haditha. Staff Sgt. Frank Wuterich, Meriden, Conn., sued Murtha for defamation in 2006. The case is pending.

Four enlisted Marines, including Sharratt, were originally charged for their roles in the killings and four officers were charged in connection with the investigation. One officer was acquitted and charges have since been dropped against everyone else except Wuterich, who pleaded not guilty to charges of voluntary manslaughter. He is accused of ordering his men to clear several houses with grenades and gunfire, leading to the deaths of women and children.

Murtha’s opponent, William Russell, has focused his campaign on Murtha’s comments against the eight Marines, even running a television spot highlighting some of the comments. Russell is a career military officer with the Army who is running on the Republican ticket.

“These Marines, all of them, deserve justice,” Russell said. “Lance Cpl. Justin Sharratt and his family are seeking their share of justice.”

He also said the timing was not politically motivated.

“The only political motivation is when Mr. Murtha threw eight heroes under the bus,” he said. “(Sharratt) was accused of murder by a sitting congressmen.”

Russell said he met Sharratt about a year ago and Sharratt’s father has been a vocal supporter of Russell. He added that he never discussed the lawsuit with Sharratt’s family.

Geary is demanding a jury trial. The suit was filed in the United States District Court for the Western District of Pennsylvania in Pittsburgh.

A copy of the lawsuit can be found at dailyamerican.com.

(Michelle Ganassi can be reached at michelleg@dailyamerican.com. Comment on this story online at dailyamerican.com.)

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.