Wuterich Trial Postponed Indefinitely (Haditha)

North County Times ^ | June 15, 2011 | Mark Walker

[Lancey Howard]

A manslaughter trial for the last defendant in the largest criminal prosecution arising out of the war in Iraq has been postponed indefinitely.

Camp Pendleton Staff Sgt. Frank Wuterich has pleaded not guilty to multiple counts of manslaughter and related offenses in the deaths of 24 Iraqi civilians in the city of Haditha in 2005.

The trial that was scheduled to start at Camp Pendleton this month has been delayed as a result of pre-trial wrangling over the removal of one of Wuterich's attorneys. No new trial date has been set.

[xzins]

Ping to #20

[smoothsailing]

I hate these delays, but maybe there's a silver lining in this cloud...

From Frank's lawyers:

"SSgt Frank Wuterich’s court-martial, scheduled to begin on June 27, 2011, has been postponed until further notice by the Navy-Marine Corps Court of Appeals (NMCCA). The court is reviewing whether or not the Marine Corps improperly removed SSgt Wuterich’s active duty military attorney from the case, thus severing the attorney/client privilege. The continuation of the scheduled court-martial depends on their decision on the defense motion requesting the Marine Corps repair that attorney client privilege."

SSgt Frank Wuterich’s Haditha Trial Still Pending

If the NMCCA rules that it is impossible to repair the attorney client privilege that Frank is entitled to, then I would think the case has to be thrown out.

[jazusamo]

Interesting points.

At what time does the prosecution and the defense reach a point where a defendant can get a fair trial?

Witnesses can disappear or suffer loss of memory on issues. Of course in this case there are no witnesses for the prosecution, just the NCIS agents who conducted a botched and highly prejudicial case against these Marines.

Plus in this case the prosecutor was maintained by the Marine Corps while forcing the defendants JAG defense attorney to retire.

The dismissal of charges against SSgt. Wuterich should be now, they're long overdue.

[jazusamo]

I think that silver lining is what we’re all praying for, smooth.

Dismissing the charges is not only the right thing for them to do over losing his JAG defense attorney but it’s long overdue.

Between the original media, a lame Congressman, a prejudicial investigation by incompetent NCIS agents and the political aspect of the Iraqi’s insisting on payback it’s time for this witch hunt to end.

[Lancey Howard]

Thanks for that info.

[smoothsailing]

My biggest concern is that asshat Ray Mabus.

Did you see this...

http://www.wickedlocal.com/plymouth/news/x1732977670/Brig-staff-recommends-parole-for-Manomet-Marine#axzz1PSVWGOHo

[jazusamo]

Yes, I did see that and if I was betting on it I’d bet that turkey Mabus will turn the parole down, he’s a real piece of work.

[NordP]

Thank you for your post - I so agree! That is just AWFUL to do to a fine member of our Military! Just AWFUL.

[P-Marlowe]

If the NMCCA rules that it is impossible to repair the attorney client privilege that Frank is entitled to, then I would think the case has to be thrown out.

That would be a Pyrrhic victory at best. SSgt Wuterich's honor will only be restored by a not-guilty verdict or an admission by the prosecution of prosecutorial misconduct.

As a Marine his honor is his most prized possession and getting off on a technicality is clearly not going to restore that honor, as there will always be a cloud over his head.

Justice will not be served in this travesty until such time as Wuterich's honor is restored.

[Marine_Uncle]

Thanks Jazz.

[Marine_Uncle]

We can only hope along the lines you commented on that there yet may be a silver lining in this for this Marine.

[Marine_Uncle]

Double set of dittos on your statements.

[Velveeta]

Thanks for the ping, Jazz.
Prayers up that this will be dismissed....soon.

[smoothsailing]

SSgt Wuterich's honor will only be restored by a not-guilty verdict or an admission by the prosecution of prosecutorial misconduct.

While I appreciate your well-meaning sentiment, I respectfully reject the premise.

SSgt Wuterich's honor remains intact, as pure and noble as the day he became a Marine, he has never lost it, and no one can take it from him. You do not restore that which has not been damaged or discarded.

Does Frank deserve "an admission by the prosecution of prosecutorial misconduct"? Without a doubt.

Barring that or the case being thrown out for misconduct or the inability to reconcile the attorney client privilege, Frank is unquestionably deserving of a not guilty verdict at trial.

So we definitely agree on the misconduct aspect as well as what the verdict should be if there is in fact a court martial.

[Lancey Howard]

Justice will not be served in this travesty until such time as Wuterich's honor is restored.

Ironically, the bigger question may be whether the honor of the US military and the Marine Corps can ever be restored after this and other recent decisions to prosecute combat veterans for battlefield decisions. Frank Wuterich, for example, followed his training as best he could and successfully led his squad in response to an IED ambush that killed one of his men and wounded two others. He was originally praised for his actions.

Now, thanks to the cowardice of the perfumed princes of the Pentagon who instinctively ran like scared bunny rabbits from a Time magazine propaganda piece, Wuterich is being relentlessly prosecuted for those same actions. I can hardly imagine anything more dishonorable. Semper fi my ass.

[Marine_Uncle]

After reading your well thought out response I must admit I have to reconsider such a quick approval on what PM wrote.
As you indicate. SSgt Wuterich's honor does not become tarnished in anyway by the results of this trial. His honor remains in place regardless of the outcome. I'm sure in retrospect, PM may reconsider his view. His heart was in the right place as he wrote.

[xzins]

I agree with you that the best result would be a victory in court. However, these prosecutors are doing all they can to manipulate this case UNTIL they can convict this Marine.

Being TOLD to drop the charges because of prosecutorial misconduct would be great; so would being told that they had drug their feet so long that the trial now has the appearance of manipulative injustice.

Then there’s the whole situation of the toll in life, family, aspirations that these 6 long years have exacted on this good man and his loved ones. He has been passed over for promotion every year because of this, and he would have been a minimum of one rank higher and very likely 2 times in six years during war.

They owe him so much.

The only political relief I see would be the election of Sarah Palin. Of all the politicians on the horizon, she is the one who has the guts to step into this and say, “Stop this shit. Stop it now!” She doesn’t CARE what the press thinks.

[Marine_Uncle]

I believe most here do consider the element of his poor family having to go through so much as well as he. I still have an image someone posted about a year back of the Sarge with is little girl in her bedroom with sunlight streaming in an open window. The horrors his wife has had to go through.
In particular your statement "They owe him so much.", stands true.

[USMCPOP]

On the honor thing ... It reminds me of something my son wrote from boot camp when he had a heat stroke (hyponacemia?) during “The Crucible” and thought he might not make it. He said he had honor before he came to boot and didn’t need a badge on his shoulder to prove that. He could find another way to serve if it came to that...

This whole protracted trial thing is a miscarriage of justice. Damn it!

[smoothsailing]

“As sparkle is to a diamond, so honor is to a soul “.

The quote is from a Christian missionary named Eric Ludy.