HADITHA TRIALS ALMOST AT AN END (Nat helms talks with Neal Puckett)

Defend Our Marines ^ | August 14, 2010 | Nathaniel R. Helms

[jazusamo]

One month from now the longest, most expensive criminal investigation in Marine Corps history will finally come to an end one way or another at the general court martial of SSgt Frank Wuterich, the last Marine accused of unlawful killings at Haditha, Iraq on November 19, 2005.

“When the public sees the truth at this court-martial, it will be one of the biggest news stories of the year,” said Neal Puckett, the lead defense attorney in the upcoming court martial. “The truth of the story is yet to be revealed.”

Almost five years ago, a hidden insurgent remotely triggered a huge bomb that blew apart a lightly armored Marine Corps “high back” Humvee. One Marine and 24 Iraqis died in the gruesome exchange that followed. Eleven Marines were wounded. The virulent press dubbed the incident the “Haditha Massacre.”

Nine of the decedents were quickly deemed insurgents for their complicity in staging the attack from a residential neighborhood. The rest of the victims unfortunately got in the way. The Marines Corps declared victory the next day in a bland communiqué. Regrettably it was factually wrong, the first of many factual and procedural mistakes that would follow. The Marine Corps has been on trial ever since. On September 13 it will have one more shot at vindication.

During an interview on the CBS television news show “60 Minutes” Wuterich revealed what happened that day:

…I remember there may have been women in there, may have been children in there. My responsibility as a squad leader is to make sure that none of the rest of my guys died ... and at that point, we were still on the assault, so no, I don't believe [I should have stopped the attack].

We went through that house much the same, prepping the room with grenades, going in there, and eliminating the threat and engaging the targets…There probably wasn't [a threat], now that I look back on it. But there, in that time, yes, I believed there was a threat.

At his preliminary hearing two years ago Wuterich said he regretted the loss of civilian life in Haditha, but said he believed he was operating within military combat rules when he ordered his men to attack.

What happened didn't mean there was criminal intent

 

Puckett has represented the 30-year old infantryman he calls “the last Marine standing” since 2006. Funded by almost a quarter of a million dollars from generous donors, he has never given an inch. Convicting Wuterich would give the Marine Corps prosecutors who relentlessly pursued his client a scrap of absolution. Puckett doesn’t intend to provide the Marine Corps vindication that easily, he said.

“They were acting in accordance with their training. If errors in judgment were made, you have to give the benefit of the doubt to the Marines. What happened [at Haditha] doesn’t mean there was criminal intent,” Puckett explained.

He says the investigation was flawed, the prosecution ignored exculpatory evidence uncovered by the Naval Criminal Investigative Service, and his client was the victim of undue command influence, the same judicial stain that set Wuterich’s commanding officer free last month.

Wuterich is charged with voluntary manslaughter, aggravated assault, reckless endangerment, dereliction of duty and obstruction of justice for leading the squad that killed the Iraqis. He was the squad leader in Kilo Company, 3 Battalion, 1^st Marines who lead three of his men on a house clearing attack after his four vehicle resupply convoy was ambushed.  He is currently assigned to administrative work at 1st Marine Division headquarters at Camp Pendleton. The young Marine who put his future on hold to defend his country has already lost more than most; his wife, his family, and his home. The Marine Corps still wants his life. If convicted Wuterich could spend most of it in prison.

Continued at Defend Our Marines

[natshouse]

Hi Girlene,

I thought maybe I should clarify my remarks... You are exactly right, that is why I said the onus of undue command influence instead of finding of... The senior Marine judge and two appellate courts found UCI in Chessani case... although this hearing officer said Helland and Mattis proved they weren't unduly influential and the hearing officer agreed, the precedent set in Chessani’s case still stands... if (God forbid) Wuterich is convicted on appeal the UCI issue will undoubtedly be raised... no way around it. Maybe I should have said that but for brevity's sake I just said the trial went forward... leaving the reader to assume it was nor ruled on favorably. Glad you care enough to continue reading this stuff after all these years...
Nat Helms

[4woodenboats]

Now you know why we always have her hold the flashlight when things get murky.

[Girlene]

Thanks for the info, Nat, and continuing to shine the light on the Haditha incident. Your articles are excellent!

Yes, it made sense after reviewing the history of articles written at the time of this motion hearing.

I’m hoping you will be able to get some first-hand information once SSgt Wuterich’s trial starts. Other reporters leave out a lot of information in comparison with your writings.

Us ol’ faithfuls will keep reading until the last Marine is exonerated. Hoping it happens with this court martial. Enough is enough. These prosecutors remind me of Patrick Fitzgerald - they just won’t let go of their case.