From Frank's lawyers:
"SSgt Frank Wuterichs 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 Wuterichs 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 Wuterichs 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.
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.
Thanks for that info.
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.
We can only hope along the lines you commented on that there yet may be a silver lining in this for this Marine.