[Lancey Howard]

(( ping ))

This article by Mark Walker contains some pretty amazing stuff I never read before.
Some of it really surprised me.

[Lancey Howard]

I am most definitely "scratching my head":

Neal Puckett, Wuterich's lead attorney, said Thursday that the defense drew up papers two years ago that would have had his client pleading guilty to negligent dereliction of duty. They offered to do so again last year, he said.

Puckett said prosecutors rejected the offer because they wanted Wuterich to plead guilty to willful dereliction, which carries a longer jail sentence and would have required an admission that he purposely ignored his responsibilities.

[smoothsailing]

LtCol Ware's report and recommendation after the SSgt Wuterich Article 32 hearing runs 37 pages in pdf. (Link below)

From Ware's conclusion at the end of the report, it's clear the prosecution knew full well that the dereliction charge was all they had, and even that was dicey.

...........

"I am recommending that the Government pursue the lesser offense of negligent homicide and not murder because I believe after reviewing all the evidence, no trier of fact can conclude SSgt. Wuterich formed the criminal intent to kill. The evidence is contradictory, the forensic analysis is limited and almost all witnesses have an obvious bias or prejudice. The case against SSgt. Wuterich that he committed murder is simply not strong enough to prove beyond a reasonable doubt. What the evidence does point to is that SSgt. Wuterich failed to exercise due care in his own actions or in supervising his Marines. When a Marine fails to exercise due care in a combat environment resulting in the death of innocents, the charge of negligent homicide, not murder, is the appropriate offense. Accordingly I believe the elements and theory of negligent homicide best fits the evidence of what occurred inside House 2."

"Finally, although I believe the Government will fail to prove beyond a reasonable doubt that SSgt. Wuterich committed any offenses other than dereliction of duty, due to the serious nature of the charges, I recommend referral to a general court-martial."

Art_32_Report_ICO_Wuterich.pdf

[smoothsailing]

Lancey, I posted a link to this thread on the Wuterich Master Thread.

http://www.freerepublic.com/focus/news/2827761/posts?page=442#442

[jazusamo]

I was unaware that SSgt Wuterich’s attorney's had presented a plea deal twice in the two years prior to this CM.

I was aware of Lt. Col. Ware's finding and comments at the close of the Article 32 hearing and could not understand why he recommended the case proceeding to CM other than the fact he'd gotten word from the CA to proceed, it was evident these prosecutions were mired in politics.

Thanks for the ping, Lancey.