Marine charged in Haditha killings wins key ruling from judge (Some Good News!)

LA Times ^ | March 23, 2010 | Tony Perry

[jazusamo]

The defense for the last Marine facing criminal charges in the fatal shooting of 24 Iraqi civilians in Haditha in 2005 won a key ruling Tuesday that could lead to the case being dropped.

Lt. Col. David Jones, the military judge, ruled that attorneys for Staff Sgt. Frank Wuterich had successfully shown that there was the possibility of what the military calls undue command influence in the decision by a general to send Wuterich to a court martial.

Jones' ruling requires that prosecutors prove beyond a reasonable doubt that no such influence existed or that, while it may have existed, it did not influence the general's decision.

Faced with a similar ruling in the case of another Marine charged in the Haditha killings, prosecutors could not meet the burden of proof to the judge's satisfaction. After losing an appeal, the Marine Corps dismissed charges against Lt. Col. Jeffrey Chessani.

Jones set a hearing for Wednesday to hear any evidence prosecutors want to present. Maj. Nicholas Gannon, one of the prosecutors, said he was "99.9% sure" that he has no further evidence.

During the two-day hearing at Camp Pendleton,Gen. James Mattis and retired Lt. Gen. Samuel Helland testified that their decisions to charge Wuterich were not improperly influenced. Jones promised to issue his ruling Friday afternoon.

[jazusamo]

Do I ever wish the liar “McGirk the Jerk” could be sued over this. As far as slanted anti-American reporting goes it doesn’t get much worse than from this Jerk.

[Lancey Howard]

Great news BUMP!
Thanks for the ping.

[Lancey Howard]

Do I ever wish the liar “McGirk the Jerk” could be sued over this. As far as slanted anti-American reporting goes it doesn’t get much worse than from this Jerk.

Agreed, but remember - - it was the perfumed princes of the pantywaist Pentagon who ran like scared bunny rabbits from McGuirk and the liberal Democrat newsrooms and, in a cowardly attempt to appease them, threw eight heroic Marine combat veterans under the bus.

[jazusamo]

You’re right Lancey.

The top brass ignored all the commanders in field, were scared to death of Murtha, SECNAV and the biased enemedia then took inept NCIS investigators word and preferred charges. It was a sad day for our military and the Marine Corps.

[stylin19a]

Good News !

it's depressing to have to keep breaking in different reporters on how and who to count as what.

The defense for the last Marine facing criminal charges in the fatal shooting of 24 Iraqi civilians in Haditha in 2005

[lilycicero]

Is this the ‘til the bitter end’ part? Hope so.

[LachlanMinnesota]

Semper Fi!

[Saoirise]

Yessamundo - Judge Jones is not buying it and Prosecution has to argue on Wed why they believe there was no UCI in this case. Major Gannon will be up arguing for the prosecution.

Lt. Col Volkey, retired from USMC, is back on defense team as civilian lawyer and brings great expertise.

[Eagles6]

Good news for Sgt. Frank. Prayers up.

[Shery]

Let’s drop these and be done with them...let this fine Marine get on with his life. Maybe he can run for Murtha’s old seat!

[Girlene]

Wow! This is great news! It seems the judge found there was an appearance of undue command influence. Now the prosecution has to prove it didn't affect Mattis' decisions. From the article:

Jones' ruling requires that prosecutors prove beyond a reasonable doubt that no such influence existed or that, while it may have existed, it did not influence the general's decision.

Today (Wednesday), the judge has given the prosecution the opportunity to provide further evidence that he was not influenced (beyond Mattis' word that he was not). Since the prosecution has indicated they're 99.9% sure they don't have any more "evidence", I'd say this was over.

[jazusamo]

It does look like this could end the persecution of Frank.

The encouraging thing at this point is these are the same chain of events that took place in Lt. Col. Chessani’s case.

[polarbear1605]

I truly hope this nightmare is over for SSgt Frank Wuterich. My fear is that the Commandant will now take the BOI route as in the LtCol Jeff Chessani case. Let's keep our fingers crossed that we are turning the page on the last chapter and not opening a new one entitled BOI.

[jazusamo]

Agreed, this persecution should end!

[Marine_Uncle]

"During the two-day hearing at Camp Pendleton,Gen. James Mattis and retired Lt. Gen. Samuel Helland testified that their decisions to charge Wuterich were not improperly influenced."
Of lately I had forgotten the actual role Mattis had played in the beginning phase of this travesty. You and a few others had to correct my memory recently.
But perhaps we shall finally get an answer to long held prayers for this Marine Sargent. Hopefully Judge Jones shall see where all charges should be promptly and for ever dropped.
Close this damn ill begotten case once and for all.

[jazusamo]

Amen to that, MU. It seems Judge Jones is not buying the circus the prosecution has put forth. We should have a ruling on this from him Friday.

[Marine_Uncle]

Roger that Jaz.

[Saoirise]

Right on - The Persecution can’t sell it this time cos nobody is buying it!

The defense has brought 3 issues as the basis for UCI in Frank’s case: Ewers influence at meetings; Lt. Col Riggs not removed as legal advisor; and letter of censure issued by then Sec Nav Winters to Col Davis. (Mattis’ recommendation was for a non-punitive letter be given to Col Davis, which was overruled by Sec Nav Winters, and Winters issued the letter of censure for Davis).

Burden of proof is on Govt side to prove that there was no UCI in Frank’s case. Judge Jones allowed Gannon to give arguments today in support of no UCI and allowed Mr. Faraj to respond to Gannon. Today’s hearing was about 2 hrs.

Judge Jones will make his ruling Friday.

[jazusamo]

Thank you for attending the hearings and for this update, Saoirise!

Some of this is information that has not been covered in the media and there was no media in the hearing room today.

HADITHA MARINE PING!

[xzins]

Please explain to me how Col Davis’ letter of censure supports UCI. (I’m not questioning it, I’m asking HOW the logic on it works, so I understand how it is UCI.)

Jaz, any work from Red Rover?