Why are they going after this guy if the other seven have been cleared of their charges?
Because the media demands it.
I do not understand how LtCol Chessani can legitimately be excluded from the witness list. He is the flippin’ battalion commander of the Staff Sergeant on trial regarding a day-long engagement that involved more than one element of LtCol Chessani’s command.
Are these nimrod legal beagles so far removed from the battlefield that they don’t realize battalion commanders and E-6 level NCO’s interact on a daily basis?
I would immediately write this down as a reason for appeal. They are denying Wuterich a material witness who can testify as to the ROEs in effect, how they were communicated, the entire scope of the attacks that day, and this particular attack against Wuterich’s squad.
I am amazed at this decision.
It’s like questioning the shift cook at Burger King but not allowing the manager to be questioned. Yep, he didn’t fill the burger order, but we’re not allowed to know corporate didn’t send the supplies.
On the other hand, there were basically three separate actions and SSgt Wuterich was involved in all three.
The first was the shooting at the "white taxi", second at "houses one, two, and three", and lastly at "house four". (See diagram below.
The other charges that have been dropped related to the houses. The main hope of the prosecution will be the "white taxi". They have a witness, Sgt Dela Cruz, who bombed at the Article 32 hearing so it's still a shaky case at best.
