Skip to comments.Final Haditha Case In Limbo (SSGT Frank Wuterich)
Posted on 09/19/2010 8:59:11 AM PDT by smoothsailing
September 18, 2010
This week, a military judge is considering the defense motion to dismiss the charges for denial of Wuterichs right to detailed defense counsel. The ruling is expected next week. The final Haditha trial of the last Marine from the original 8 charged was scheduled to begin on September 13, 2010.
The defense team for SSgt Wuterich submitted a motion on August 25th based on the recent U.S. Navy-Marine Corps Court of Criminal Appeals ruling on the murder conviction of Marine Sgt Hutchins (see U.S. v Hutchins III, Docket # 200800393, 4/22/10). The court overturned the Hutchins conviction and released him from prison based on the governments violation of his statutory right to military counsel. The government is appealing that ruling to the Court of Appeals for the Armed Forces.
SSgt Wuterichs originally detailed military defense attorneys, Major Haytham Faraj and LtCol Colby Vokey, were both retired from the Marine Corps without first following proper military court procedures to be released from the Wuterich case. The U.S. Navy-Marine Corps Court of Criminal Appeals stated that detained defense military attorneys can be released from a case by a military judge only for good cause, but that separation from active duty or retirement of the military attorney alone does not constitute good cause.
In a surprise move, the defense team for Wuterich requested and obtained over the prosecutions objection, the main prosecutors administrative paperwork in which he requested to remain on active duty to complete the Wuterich case. The documentation showed decisions by senior military officers to keep the prosecution team together for this important case including refusing to move attorneys from Camp Pendleton until the case is complete. Even Marine Corps manpower regulations were violated to keep the prosecution team in place while the two military defense counsel requests to stay on active duty were denied.
The Wuterich trial process is nearing the end of its fourth year and is currently scheduled to resume on November 2, 2010. The trial is expected to last three weeks, and ironically will celebrate the 5th anniversary of the Haditha incident in the middle of the trial.
What hath John Murtha wrought?
I don't even want to get started on that wretched pos,MHBIH.
It would seem Puckett and Faraq have Sullivan and those "senior military officers" between a rock and a hard place. Too bad those officers are not named but maybe they eventually will be.
This is huge!
Sounds disturbingly like the trial of "Breaker" Morant.
This disgraceful fiasco will end someday.
I just know it will.
I hear you.
Praying it’ll be this week with Jones’ “Hutchins Motion” ruling.
>> The documentation showed decisions by senior military officers to keep the prosecution team together ...
The conviction justifies the means... Unbelievable.
Jones looks to me like he has all the makings of a suck-up.
We shall see.
I hear you, Jaz, and I agree. With everything we already know about this case, we can probably name most of those officers ourselves.
To save their perfumed hindparts, the only way out for those gutless wonders is clearly dismissal of all charges. It would be only fitting if the dismissal included an apology and a substantial monetary damage award, but I guess the dismissal is the best we can expect.
Yes, that's the way I see it too.
A retired Marine friend recommended Scapegoats of the Empire: The True Story of Breaker Morant's Bushveldt Carbineers.
It's on my list for winter reading.
I'm afraid you're right, Smooth.
I can understand some people in NCIS and even some JAG persecutors having little regard for our military that put their lives on the line for us against terrorism. What I can't understand are the senior Marine officers, SECDEC and SECNAV having little or no regard for them.
I think I understand - - they are selfish, cowardly political hacks.
At this point I’d say that’s all it could be because if they can’t convict at least one Marine it’ll make them all look bad, they don’t have the guts to say they were wrong