Puckett and Faraj Press Statement on Sentence of SSgt Wuterich (Trial Defense Attorneys)

Puckett and Faraj PLLC ^ | 1-24-2012 | Haytham Faraj, Esq. and Neal A. Puckett, Esq.

[smoothsailing]

FOR IMMEDIATE RELEASE: – January 24, 2012, 3:50PM, Camp Pendleton CA

Puckett and Faraj Press Statement on Sentence of SSgt Wuterich

We wish to first acknowledge the tragic loss of civilian life in Haditha on November 19, 2005, and express our condolences to the families who lost loved ones that day.

The military justice system has fairly dealt with SSgt Wuterich’s case by delivering a measure of justice. Today, SSgt Wuterich stands vindicated by the very system that has held him captive for over 6 years.

This case began with sadness for the loss of life and ended with rage over the injustice of fabricated evidence by Naval Criminal Investigative Service interrogators who, through eight to fourteen hour interrogations of Marines, suborned perjury and encouraged lies rather than truth.

The false narratives sponsored by the government through immunized witnesses, who were members of Staff Sergeant Wuterich’s squad and participated in the house clearing on November 19, were manipulated into changing their initial statements about what happened that day and about Staff Sergeant Wuterich’s actions. The statements and testimony of then Private First Class Humberto Mendoza directly contradicted that of then Lance Corporal Stephen Tatum with regard to Staff Sergeant Wuterich. And both admitted to lying under oath. PFC Mendoza was immunized so that he would testify in the court-martial of LCpl Tatum. On the day of LCpl Tatum’s trial, he received immunity and had charges against him dropped with prejudice even though PFC Mendoza placed him (Tatum) in the back bedroom of House #2. He was immunized, specifically, to testify against Staff Sergeant Wuterich. But Mendoza and Tatum gave substantially contradictory accounts of what happened on November 19 in House #2. If Tatum were to be believed, Mendoza would have to be disbelieved. Likewise, if Mendoza were to be believed, Tatum would have to be disbelieved. With respect to the white car, the government chose to believe the statements and testimony of Sgt Dela Cruz who failed a polygraph and admitted to lying under oath in every statement he provided the government. Yet, the Government persisted in using his false testimony against SSgt Wuterich for the killings at the white car when their own forensic scene reconstructionists concluded that that most of the men at the white car were killed from Sgt Dela Cruz’ firing position.

At worst SSgt Wuterich may have failed in keeping better control of his squad, a negligent dereliction of duty. But that failure to control must be considered in the context of the combat that took place that day. The truth of this case is complex with many facts and nuances that must be included in retelling an accurate narrative of the events in Haditha.

SSgt Wuterich did not choose to be in Haditha. He did not choose the location of the IED or where the Small Arms Fire came from. The Iraqi families, likewise, did not ask for the Marines to be there that day either. But the Marines did not send themselves there. They were sent by a nation that must take responsibility for the decisions it makes rather than expect that burden to be carried by the young men sent to fight its wars.

In that combat environment, with the training that the Marines had undergone, the enemy threat that was briefed and the rules of engagement that existed, any one of us would have made the decisions SSgt Wuterich had made under the same circumstances.

SSgt Wuterich could not have known or reasonably believed that a house from where he was taking fire would have contained civilians. Those fires and the expectation that the houses contained a hostile threat led him to warn his men not to hesitate to engage for fear that he would lose more of them. Those instructions resulted in the deaths of innocent civilians. He never intended to cause harm to innocent civilians.

The same decisions would not have been questioned and this trial would never have taken place if those houses were empty of civilians or if the insurgents who set off the IED or fired on the Marines from the vicinity of those houses, one of which clearly had Ak-47 shells, had remained in or near the houses. And perhaps, if the civilians’ deaths had been reported accurately on November 20, 2005, there would have been no suspicion of a Marine Corps cover-up.

SSgt Wuterich, a devoted single father of three young girls, did his best under impossibly difficult circumstances. The false narrative, woven by overly aggressive NCIS interrogators and false media accounts of a rampage and massacre, failed to give him the benefit of doubt. That false narrative collapsed under the weight of the truth in a courtroom over the past three weeks.

We believe justice prevailed for SSgt Wuterich, and in turn, he wishes it was within his power to impart that same measure of justice to the families of the victims of Haditha.

The Attorneys for SSgt Wuterich

Haytham Faraj, Esq. and Neal A. Puckett, Esq.

[ConorMacNessa]

I understand what you are saying, FRiend - It does not lessen my disappointment at the outcome. Rather than being reduced in rank to private, he should, IMHO, be cited for Valor and lionized as a hero. They failed at bringing down any of the other Marines accused in this imbroglio - the ferocity with which they have pursued SSgt. Wuterich is grossly out of proportion to the importance of the event itself. He's paying the wages of Lt. William Calley from so many years ago, and the Lamestream Media is, as usual, right there to undercut our military.

The whole situation makes me sick to my stomach. The enemy, as everyone knows, commits barbaric acts of brutality on our forces and upon innocent persons on a quotidian basis - it is at the core of their Koranic duty to do so. Where the Hell is the outrage in the media about their acts? Where is the outrage in Dar Al Islam over such barbaric acts? Don't hold your breath!

The most pernicious and dangerous evil in the world today is Islam and the secularists (useful idiots) who carry their water.

Islam Delenda Est!

Etiam non princeps sed usque ad genua, Principis Pacis!

[smoothsailing]

ping

[jazusamo]

It’s for sure he’ll get no jail time, therefore no cut in his pay while incarcerated. He was sentenced by the judge to be reduced in rank to E-1 which would be a huge cut in pay but the convening authority (General) could negate that before it goes into effect, we’re hoping that’s what will happen.

I believe he has stated he will not remain in the Marine Corps but there’s no info as yet about his discharge.

[Semper Fi Mom]

It will be an honorable discharge.

[Marine_Uncle]

Jaz. Thanks for the input. I figured along the line you just wrote as perhaps being the end point in this matter.

[jazusamo]

Thanks for that, Mom. God Bless you all!

[McGavin999]

I only hope that SSgt Wuterich is fully aware that we, the people, judged him long ago, and found him not guilty for the crimes of which he was accused.

That's the most important thing for him to know.

[smoothsailing]

That is wonderful news!

[lilycicero]

But of course!!!!

[lilycicero]

But of course!!!!

[lilycicero]

But of course!!!!

[Lancey Howard]

It should be an honorable discharge with a big check attached, as well as all the awards Frank earned. I hope he takes full advantage of his GI benefits.