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 Wuterich’s 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 government’s violation of his statutory right to military counsel. The government is appealing that ruling to the Court of Appeals for the Armed Forces.
SSgt Wuterich’s 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 prosecution’s objection, the main prosecutor’s 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.
: )
HIYA MA!!! :-)
HIYA!!!!
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