MILITARY: Haditha case back in court Wednesday

North County Times ^ | 3-10-09 | MARK WALKER

[smoothsailing]

Last modified Tuesday, March 10, 2009 4:44 PM PDT

Staff Sgt. Frank Wuterich leaves his arraignment at Camp Pendleton in 2008.
(File Photo by Bill Wechter - Staff Photographer)

MILITARY: Haditha case back in court Wednesday

By MARK WALKER - Staff Writer

CAMP PENDLETON ---- Attorneys for CBS and the Marine Corps are due in a base courtroom Wednesday to battle over unaired portions of a "60 Minutes" interview with a Marine recounting the slaying of 24 Iraqi civilians following a roadside bombing.

Prosecutors contend that segments of the interviews not shown in the March 2007 broadcast may prove their case against the Marine, Staff Sgt. Frank Wuterich.

Wuterich is accused of nine counts of voluntary manslaughter, aggravated assault, reckless endangerment and obstruction of justice. The charges stem from Wuterich leading his squad in an assault on several homes after the Nov. 19, 2005, bombing in the Iraqi city of Haditha that killed one of his men.

The storming of those homes resulted in the deaths of men, women and children, none of whom were later proven to have any ties to the bombing or the Iraqi insurgency.

CBS argues a military judge's refusal to approve a subpoena ordering the network to turn over unaired material should stand because there is nothing vital to the prosecution. Doing otherwise also would violate the network's First Amendment privilege to not have to divulge all "the fruits of its newsgathering," its attorneys say.

The network isn't opposed to letting the judge view the unaired portions in private, saying they're confident the material won't shed any new light on the case. After viewing the tapes, CBS wants an order preventing prosecutors from having access to that material.

But prosecutors argue in a court filing that their subpoena goes beyond the unaired material to include any "nonverbal acts, actions and/or acknowledgements" made by Wuterich when he met with CBS reporter Scott Pelley.

Their subpoena, they say, covers "the entire spectrum of admissions in the possession of CBS Broadcasting, not just the non-broadcast admissions."

Wuterich's lead attorney, Neal Puckett, said Tuesday that his client makes no admissions on the unaired portions, nor did he make any implicating statements to Pelley when the camera wasn't rolling.

"I was there for the entire four hours and there's nothing," Puckett said during a telephone interview.

Four Camp Pendleton officers and four enlisted men were charged with crimes in the wake of the Haditha bombing. All but Wuterich and the battalion commander at Haditha, Lt. Col. Jeffrey Chessani, have since been exonerated through court hearings, trials or withdrawal of the charges.

Chessani, accused of dereliction of duty for not ordering a full-scale probe of the killings, is waiting for an appellate court ruling on whether dismissal of charges against him should stand.

Wednesday's hearing is scheduled to start at 8 a.m.

Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.

[Lancey Howard]

Chessani, accused of dereliction of duty for not ordering a full-scale probe of the killings, is waiting for an appellate court ruling on whether dismissal of charges against him should stand.

How long can a ruling like this take? Making Chessani wait forever is just another sickening abomination, piled on top of all the rest of the sickening abominations that comprise this disgraceful persecution.

[Lancey Howard]

The assault resulted in the deaths of men, women and children, none of whom were later proven to have any ties to the bombing or the Iraqi insurgency.

LOL, this little scumbag Mark Walker is auditioning for a job with Reuters.

[Lancey Howard]

By the way, did you notice how the killings of those four guys in the “taxi” seemed to drop off the face of the earth? It’s never even mentioned anymore. I wonder why?

[Girlene]

LOL. Guessed I missed the fun last night. Lily, you have an incredible imagination for examples of nonverbal acts.

[Girlene]

Thanks for the update, smooth.

Gannon argued that because there is no case law that extends newsgathering protections to journalists in military court matters, the unaired portions and anything else Wuterich said or did off camera should be disclosed.

The first ammendment does not apply when it's a military court matter?

Gannon argued that because there is no case law that extends newsgathering protections to journalists in military court matters, the unaired portions and anything else Wuterich said or did off camera should be disclosed.

The prosecutors are still pushing this idea of what Wuterich might have done off camera (the nonverbal act comment). What in the world are they looking for?

[smoothsailing]

Walker has been covering the military court proceedings for a long time and he should know better. Obviously something is motivating his slanted reporting.

[smoothsailing]

The prosecutors are still pushing this idea of what Wuterich might have done off camera (the nonverbal act comment). What in the world are they looking for?

They're not looking for anything, IMO. They are just pulling this stunt to delay the case from going to trial. They know they can't win, and they're not willing to drop the matter, so delay is the only tactic they have. It's cowardly and shameful.

[Marine_Uncle]

""I was there for the entire four hours and there's nothing," Puckett said during a telephone interview."
As all here, I hope this is true.

[Marine_Uncle]

“”I was there for the entire four hours and there’s nothing,” Puckett said during a telephone interview.”
As all here, I hope this is true.

[smoothsailing]

MILITARY: Judge denies Marines access to CBS tapes

[RedRover]

LATEST NEWS!

Judge denies Marines access to CBS tapes
Finding supports rights of press over prosecutor's desire for all of '60 Minutes' Wuterich interview

Mark Walker, North County Times

CAMP PENDLETON ---- CBS prevailed Thursday in a battle with Marine prosecutors who wanted all the network's unaired tapes from an interview with the key figure in the killing of 24 Iraqi civilians in 2005.

A military judge granted the network's request to deny a subpoena seeking all the outtakes from a "60 Minutes" interview with Staff Sgt. Frank Wuterich first broadcast in 2007.

The judge, Lt. Col. Jeffrey Meeks, ruled that forcing the network to hand over that material would place the network in the role of being a tool of the government.

"There is a qualified newsgatherers privilege and it is applicable here based on concerns about a chilling effect on the press," Meeks declared. "The press has an interest in being able to prepare and preserve stories without being an investigative arm of the government."

Prosecutors told Meeks they were not ready to say if they will appeal his ruling.

Wuterich is charged with nine counts of voluntary manslaughter, aggravated assault, reckless engerment and obstruction of justice for his role in leading his squad of Camp Pendleton Marines in an assault after a Nov. 19, 2005, bombing in the Iraqi city of Haditha that killed one of his men.

The assault resulted in the deaths of men, women and children, none of whom were later proven to have any ties to the bombing or the Iraqi insurgency.

Wuterich has pleaded not guilty to all the charges and remains on duty at Camp Pendleton as his case works it way through the military court system.

Wuterich and his attorneys granted "60 Minutes" an interview in late 2006. The move was privately criticized by lawyers representing other Marines accused of wrongdoing at Haditha, saying it unnecessarily exposed Wuterich to prosecution.

A "60 Minutes" spokesman in New York hailed the ruling, saying it recognized the importance of newsgathering protections.

"Today's significant victory confirms the bedrock principle of a free press," he said. "CBS was right to fight this subpoena vigorously."

Prosecutors had argued in hearings on the issue conducted Wednesday and Thursday that there was no clearly established First Amendment protection for journalists in the military justice system.

Capt. Nick Gannon told Meeks that the unaired portions of the interview, a little more than four hours in all, needed to be seen by the prosecution.

"What's newsworthy to CBS and what is important to the government are not necessarily the same thing," Gannon said, explaining why he wanted to view all the footage from the Wuterich interview. "It is a not a fishing expedition."

CBS attorney Carl Benedetti argued that prosecutors would gain nothing from the unaired portions and preserving the network's right to not hand over that material was paramount for an unencumbered press.

"The media does need to be protected," Benedetti said.

Meeks had viewed the unaired material privately after an appellate court ruled that he was wrong when he decided last year to reject the subpoena without first seeing what it contained.

In his ruling Thursday after seeing it, the judge said the material in fact did not contain anything that wasn't available to prosecutors already through voluminous documents from multiple investigations of the Haditha killings.

"All the statements are consistent with prior statements he has made," Meeks said of Wuterich, who was in the courtroom but did not speak during the session.

"It might be nice to have, but it's not critical," Meeks told Gannon and two other prosecutors assigned to the case.

Numerous news organizations, including The Reporters Committee for Freedom of the Press, had filed briefs in support of CBS when the issue went to appellate court.

Four Camp Pendleton officers and four enlisted men were charged with crimes at Haditha. All but Wuterich and the battalion commander at Haditha, Lt. Col. Jeffrey Chessani, have since been exonerated.

Chessani, accused of dereliction of duty for not ordering a full-scale probe of the killings, is waiting for an appellate court ruling on whether dismissal of charges against him should stand.

It is not clear when Wuterich's trial by military court-martial will take place. Meeks retires this week and a new judge is being appointed to the case. The new judge's time required to get up to speed on the case and other pretrial issues must be completed before a trial.

[smoothsailing]

WOW! That’s quick!

This is the disturbing part;

It is not clear when Wuterich’s trial by military court-martial will take place. Meeks retires this week and a new judge is being appointed to the case. The new judge’s time required to get up to speed on the case and other pretrial issues must be completed before a trial.

[Gene Eric]

>> would place the network in the role of being a tool of the government.

Yeah, we don't need any of that.


>> In his ruling Thursday after seeing it, the judge said the material in fact did not contain anything that wasn't available to prosecutors already through voluminous documents from multiple investigations of the Haditha killings.

What are the implications of the Judge's ruling?

[jazusamo]

In his ruling Thursday after seeing it, the judge said the material in fact did not contain anything that wasn't available to prosecutors already through voluminous documents from multiple investigations of the Haditha killings.

This is very good news and even though the prosecution says they haven't decided if they'll appeal I would think after Lt. Col. Meeks making the above statement it would be rather difficult for them, especially after him complying with the appeals court ruling to review the material.

Like you say Smooth, Meeks retiring is disturbing due to more delay.

[smoothsailing]

Meeks statement is telling for it's implication.

It's proof positive for all to see that those prosecutors are interested only in footdragging and delay. The last thing they want is for Frank's case to finally go to trial. They know they have no case, but they lack the professional integrity to admit it.

Hopefully you're right, Jaz, Meeks shamed them in to not appealing the ruling, but their past and present behavior doesn't suggest that they can be shamed.

[BluH2o]

Congressman Murtha was recently presented with the Department of the Navy Distinguished Public Service Award.
The award, granted by the Secretary of the Navy, is the highest form of public service recognition bestowed by the Department of the Navy for a non-employee.
It consists of a gold medal, miniature medal, lapel bar, rosette, and a certificate signed by the Secretary. According to the Department, “nominations for this award will be limited to those extraordinary cases where individuals have demonstrated exceptionally outstanding service of substantial and long term benefit to the Navy, Marine Corps, or as Department of the Navy as a whole.”
Murtha was presented with the award in appreciation of his distinguished public service to the Department of the Navy.
“I’m proud of the service and sacrifices our troops are making, and I’m honored to receive this distinguished award from the Navy,” said Murtha.

Go figure ...

[smoothsailing]

It’s impossible to understand except in the reality of Service Branch funding. They need him to get the programs necessary to defend freedom. It has to gall them to no end.

[jazusamo]

You’re right about them not wanting Frank’s case to go to trial, their integrity and especially their behavior to present. I find it really disturbing they’re military officers because over 99% have integrity but they’re not in that group.

[smoothsailing]

because over 99% have integrity

Amen to that, Brother.

[freema]

Now is the “Winter” of our discontent.

Now is the winter of our discontent
Made glorious summer by this sun of York;
And all the clouds that lour’d upon our house
In the deep bosom of the ocean buried.
Now are our brows bound with victorious wreaths;
Our bruised arms hung up for monuments;
Our stern alarums changed to merry meetings,
Our dreadful marches to delightful measures.
Grim-visaged war hath smooth’d his wrinkled front;
And now, instead of mounting barded steeds
To fright the souls of fearful adversaries,
He capers nimbly in a lady’s chamber
To the lascivious pleasing of a lute.
But I, that am not shaped for sportive tricks,
Nor made to court an amorous looking-glass;
I, that am rudely stamp’d, and want love’s majesty
To strut before a wanton ambling nymph;
I, that am curtail’d of this fair proportion,
Cheated of feature by dissembling nature,
Deformed, unfinish’d, sent before my time
Into this breathing world, scarce half made up,
And that so lamely and unfashionable
That dogs bark at me as I halt by them;
Why, I, in this weak piping time of peace,
Have no delight to pass away the time,
Unless to spy my shadow in the sun
And descant on mine own deformity:
And therefore, since I cannot prove a lover,
To entertain these fair well-spoken days,
I am determined to prove a villain
And hate the idle pleasures of these days.
Plots have I laid, inductions dangerous,
By drunken prophecies, libels and dreams,
To set my brother Clarence and the king
In deadly hate the one against the other:
And if King Edward be as true and just
As I am subtle, false and treacherous,
This day should Clarence closely be mew’d up,
About a prophecy, which says that ‘G’
Of Edward’s heirs the murderer shall be.
Dive, thoughts, down to my soul: here
Clarence comes.