The Haditha Marines-The Squad Leader-A Final Chapter (SSgt Wuterich-Master Thread)

1-2-2012

[smoothsailing]

January 2, 2012

The Haditha Marines-The Squad Leader-A Final Chapter

It certainly seems appropriate that the last defendant in the Haditha case is the squad leader, SSgt Frank Wuterich. Leaders take responsibility, and SSgt Wuterich has taken full responsibility for the actions of his squad in Haditha. His stance from the outset has remained clear:

"My Marines responded to the threats they faced in the manner that we all had been trained", he has steadfastly maintained. "I will bear the memory of the events of that day forever, and will always mourn the unfortunate deaths of the innocent Iraqis who were killed during our response to the attack."

As the last Marine originally charged in the deaths of Iraqis in Haditha, Iraq in 2005, SSgt Wuterich will be seated at the defense table in his general court-martial two days from now, Wednesday, January 4th. Barring last minute motions or outright dismissal of charges, jury selection will begin Wednesday or Thursday. SSgt. Wuterich will be tried by a jury of combat-experienced Marines, and the panel will include at least two Marines from the enlisted ranks.

Much has been written over the last six years about Haditha, and links to some of the most recent news articles and commentaries are included at the bottom of this post to help bring readers up to date. For older Free Republic postings, please use this link or enter the keyword Haditha in the Free Republic search engine.

The purpose of this Free Republic thread is to serve as a "Master Post" where trial news and updates can be brought together in one place for easy reference by those interested in following the proceedings as they unfold.

Freepers Smoothsailing, Red Rover, and Jazusamo will monitor the thread, post updates, and attempt to answer questions or direct readers to information sources. Jazusamo maintains the Haditha Marine Ping List. Please ask Jazusamo to be added to the ping list if you wish to be alerted to updates.

Recent News and Commentary:

MILITARY TIMES-Haditha Marine Faces Trial

Count Down to the Last Haditha Trial

MILITARY: Two high-profile cases set for Pendleton courtrooms

Remember SSgt Frank D. Wuterich: The last Haditha Marine goes on trial

Don’t rewrite Murtha’s legacy (Haditha Marines)

[jazusamo]

Thank you both. Walker doesn’t seem to have much detailed testimony.

[smoothsailing]

Thank you both. Walker doesn’t seem to have much detailed testimony.

I noticed that too, Jaz. The only actual quotes in the article attributed to Tatum that I saw were "I saw silhuettes of targets" and "frag the room".

Red suggested that the Marines may just answer "yes" or "no" to questions (ref. Gannon). It could be that Walker has very little to report that's to his liking, so his article is his typical blather.

[jazusamo]

It could be that Walker has very little to report that's to his liking, so his article is his typical blather.

I was thinking the same thing. He makes no mention at all of cross examination, I do think the defense has the right of cross under the UCMJ, right?

If there was cross examination or no cross or if it was coming up I'd have thought he would have at least mentioned it.

[smoothsailing]

I do think the defense has the right of cross under the UCMJ, right?

Yes, all sworn testimony is subject to cross-examination, IIRC. That could be happening now.

[Lancey Howard]

It's disappointing, but certainly not surprising, that the persecutors were able to kick over a couple of rocks and come up with worms like Watt and this "retired Army Colonel". If I was the defense team, every single question I asked these assclowns would be prefaced by some form of, "During your investigation of the brutal ambush that killed Lance Corporal Terrazas and wounded two other Marines..."

[smoothsailing]

Retired Army Col. Gregory Watt, who led the initial probe, and his assistant Army Lt. Col. David Mendelson.

http://www.timesunion.com/news/article/Marine-accused-of-losing-control-in-war-crime-2450033.php

You’re right, Lancey, and “worms” is putting it nicely.

[RedRover]

Got the latest up here: LCPL TATUM TESTIFIES.

[jazusamo]

Excellent piece by Nat. Gannon got stuffed trying to deny evidence. Nat covered the cross examination beautifully.

[Girlene]

Thanks for posting the defense blog, smooth.....Col. Hindsighty covered his hiney.

[xzins]

After telling Puckett about his encounter with the NCIS special agent, the former military judge moved on to what Tatum and the other Marines knew before they left Firm Base Sparta to resupply the isolated outpost. That drew an immediate objection from lead prosecutor Major Nicholas Gannon. The court recessed for about 20 minutes while the attorneys argued whether any classified information was going to be revealed.

“There is nothing classified that was discussed and if it was it was declassified,” Faraj said with evident anger.

After overcoming the prosecution’s strenuous objections Puckett was allowed to proceed.

The “secrets” Gannon was trying to withhold were revealed in 2007 during the long months of pre-trial Article 32 investigations. Tatum acknowledged the night before the convoy his squad had been briefed to expect trouble,. They were warned to watch out for snipers active everywhere in Haditha and the infamous white cars that insurgents were using as Vehicle Borne Improvised Explosive Devices.

“You were told about that because of certain types of complex attacks involved white cars. You were aware of a number of these incidents, is that right?” Puckett asked. "You had been told Iraqis hid weapons and then pulled them out and fired at you after you though things were clear.”

“Yes sir,” Tatum responded.

There will be more in the Weekend Wrap about the testimony of SSgt Justin Laughner, the second witness to be called Tuesday. Laughner was the intelligence expert in the Human Exploitation Team that was attached to 3/1 at Haditha. He was still being interrogated at the time of this writing.

This prosecutor should be censured for attempting to prevent evidence from being presented that goes to the heart of guilt or innocence. Knowing those intel reports about white car insurgents, snipers, IEDs, and insurgents throughout Haditha is critical to what these Marines actually faced, and not to mention their mindset.

Add to that the presence of AK47 and other enemy brass at the site of the attack, and there is no way a warrior can conclude that these Marines were over-reacting.

Objecting to honest information is criminal on the part of the prosecutor.

[Velveeta]

Placemark

[jazusamo]

This prosecutor should be censured for attempting to prevent evidence from being presented that goes to the heart of guilt or innocence. Knowing those intel reports about white car insurgents, snipers, IEDs, and insurgents throughout Haditha is critical to what these Marines actually faced, and not to mention their mindset.

Add to that the presence of AK47 and other enemy brass at the site of the attack, and there is no way a warrior can conclude that these Marines were over-reacting.

Objecting to honest information is criminal on the part of the prosecutor.

You're exactly right, xzins. The mindset of these Marines from what they were told before the patrol is most relevant to this CM. For the prosecutor to to try to deny that from being put to the panel is pathetic, IMO.

Censure is the very least that should happen to this prosecutor.

[Girlene]

The NC Times write up says:

:Tatum said he never heard any being fired from inside the rooms.

He said he wasn't certain who he was shooting, but believed they were insurgents because of Wuterich's actions.

"The only thing that gave me an indication that there was hostile intent was Staff Sgt. Wuterich firing," Tatum said.

And yet in the piece by Nat Helms, we read something different:

At one point Tatum told Puckett he heard an AK-47 being “racked,” a sound he recognized instantly.

“Once I heard that AK-47 racking, I wasn’t going in that room to endanger myself or my Marines. At Fallujah we learned we never went into a room without throwing in a grenade.

So......I'm wondering if the first version was what NCIS was able to get Tatum to sign after his 12 - 16 hour interrogation in which he was forced to relieve himself on the floor (who does that?), and his testimony to the defense, the real one.

North County Times didn't bother to point out the two versions.

[xzins]

A prosecutor for the military should NOT be trying to convict any military defendant. They should be trying to ensure that all of the truth comes out.

If that truth convicts a defendant, then so be it. If they know, on the other hand, that truth is being withheld, then they are honor bound to ensure a member of the military has the whole story told.

Military prosecutors should not be rewarded for conviction rates. They should be rewarded for insistence on every remotely relevant fact being placed before the court.

[xzins]

This is not the first time that Tatum has told of hearing the AK47 being racked. I distinctly remember it being part of his story for years now.

NC Times knows Tatum’s story and continues to intentionally stay with their own storyline.

If I were a Marine in their sales area...or any military member for that matter...I would refuse to buy any of there papers or visit any of their websites.

[jazusamo]

They should be trying to ensure that all of the truth comes out.

Well said, that's exactly what they should make sure happens. Unfortunately that is not what has happened in the Haditha hearings and CM's.

[Lancey Howard]

North County Times didn't bother to point out the two versions.

Like most Democrat "mainstream" newsrooms, the reporting is tailored to fit the newspaper's America-hating, liberal political agenda. Since we know that is the attitude of the mighty Los Angeles Times, we can be fairly sure that is also the attitude of the lowly North County Times.

[Gene Eric]

>> A prosecutor for the military should NOT be trying to convict any military defendant. They should be trying to ensure that all of the truth comes out.

This has been a problem from the beginning. Regrettably, it’s about politics, zealotry, and opportunism.

[Girlene]

Objecting to honest information is criminal on the part of the prosecutor..

Objecting to honest information is typical for the military prosecutors in these cases. Sean Sullivan has been especially good at these tactics.

It was good to see white car VBIED intelligence was allowed to be discussed. Not sure how it could be classified since we've all read about it. That piece of info.had to affect decision making when a white car shows up as the intial IED is detonated under the fourth humvee.

[smoothsailing]

Yesterday Wuterich’s co-counsel Haytham Faraj revealed that 30 percent of the expended cartridges found in the second of two houses cleared in the Marines initial attack were apparently fired by insurgents. His revelation is the first evidence that insurgents had used the houses as strong points, as the Marines believed.

When asked to explain why he had voluntarily joined Wuterich’s team ordered to “clear South” by platoon leader Lt William Kallop, Tatum told the court “I had served with them for a long time. I proceeded to join the group going toward House 1. The house had been declared hostile. Any individual there was hostile.”

At one point Tatum told Puckett he heard an AK-47 being “racked,” a sound he recognized instantly.

“Once I heard that AK-47 racking, I wasn’t going in that room to endanger myself or my Marines. At Fallujah we learned we never went into a room without throwing in a grenade.

Yesterday Faraj was talking about house #2. Today Tatum is apparently referencing house #1. So now the jury has heard testimony strongly suggesting that insurgents were present at BOTH houses. This is good!