Posted on 03/23/2010 5:43:45 PM PDT by 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.
(Excerpt) Read more at latimesblogs.latimes.com ...
You're also correct about Mattis never, or at least believably, explaining why Ewers was in all the meetings after he had been part of the investigation, that was a big error on Mattis' part.
xzins: It is impossible to deny the appearance of UCI.
Exactly!
We’re well on the way to having our prayers answered, tomorrow should be it.
Ping!
Hopefully we shall soon get some great news regarding Sgt. Wuterich. This nigthmare for him and the others has gone on for to long.
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