Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Final Haditha Case In Limbo (SSGT Frank Wuterich)
Puckett & Faraq, PC ^ | 9-18-2010 | Neal Puckett & Hatham Faraq

Posted on 09/19/2010 8:59:11 AM PDT by smoothsailing

Final Haditha Case In Limbo

September 18, 2010

Neal Puckett & Hatham Faraq

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.


TOPICS: Constitution/Conservatism; Extended News; Foreign Affairs; News/Current Events; War on Terror
KEYWORDS: haditha

1 posted on 09/19/2010 8:59:15 AM PDT by smoothsailing
[ Post Reply | Private Reply | View Replies]

To: jazusamo

Ping.


2 posted on 09/19/2010 9:00:09 AM PDT by smoothsailing
[ Post Reply | Private Reply | To 1 | View Replies]

To: smoothsailing

What hath John Murtha wrought?


3 posted on 09/19/2010 9:03:53 AM PDT by oldbill
[ Post Reply | Private Reply | To 1 | View Replies]

To: oldbill
What hath John Murtha wrought?

I don't even want to get started on that wretched pos,MHBIH.

4 posted on 09/19/2010 9:30:37 AM PDT by smoothsailing
[ Post Reply | Private Reply | To 3 | View Replies]

To: smoothsailing; Semper Fi Mom; RedRover; Just A Nobody; 4woodenboats; American Cabalist; ...
Thanks for the post and ping, Smooth!

.

HADITHA MARINE PING!

5 posted on 09/19/2010 9:50:38 AM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
[ Post Reply | Private Reply | To 1 | View Replies]

To: smoothsailing
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.

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.

6 posted on 09/19/2010 9:57:26 AM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
[ Post Reply | Private Reply | To 2 | View Replies]

To: smoothsailing

This is huge!


7 posted on 09/19/2010 10:30:17 AM PDT by Eagles6 ( Typical White Guy: Christian, Constitutionalist, Heterosexual, Redneck.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: smoothsailing
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.

Sounds disturbingly like the trial of "Breaker" Morant.

8 posted on 09/19/2010 11:28:14 AM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

This disgraceful fiasco will end someday.
I just know it will.


9 posted on 09/19/2010 11:42:54 AM PDT by Lancey Howard
[ Post Reply | Private Reply | To 5 | View Replies]

To: Lancey Howard

I hear you.

Praying it’ll be this week with Jones’ “Hutchins Motion” ruling.


10 posted on 09/19/2010 11:50:51 AM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
[ Post Reply | Private Reply | To 9 | View Replies]

To: jazusamo

>> The documentation showed decisions by senior military officers to keep the prosecution team together ...

The conviction justifies the means... Unbelievable.


11 posted on 09/19/2010 12:51:35 PM PDT by Gene Eric (Your Hope has been redistributed. Here's your Change.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: jazusamo

Jones looks to me like he has all the makings of a suck-up.
We shall see.


12 posted on 09/19/2010 1:04:16 PM PDT by Lancey Howard
[ Post Reply | Private Reply | To 10 | View Replies]

To: jazusamo
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.

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.

13 posted on 09/19/2010 2:18:51 PM PDT by smoothsailing
[ Post Reply | Private Reply | To 6 | View Replies]

To: DuncanWaring
Sounds disturbingly like the trial of "Breaker" Morant.

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.

14 posted on 09/19/2010 2:41:00 PM PDT by smoothsailing
[ Post Reply | Private Reply | To 8 | View Replies]

To: smoothsailing
but I guess the dismissal is the best we can expect.

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.

15 posted on 09/19/2010 3:01:46 PM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
[ Post Reply | Private Reply | To 13 | View Replies]

To: jazusamo
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.

16 posted on 09/19/2010 3:34:10 PM PDT by Lancey Howard
[ Post Reply | Private Reply | To 15 | View Replies]

To: Lancey Howard

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


17 posted on 09/19/2010 3:43:53 PM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
[ Post Reply | Private Reply | To 16 | View Replies]

To: jazusamo; smoothsailing
I have to echo Jaz's remarks:
"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."
My sentiments along with many others here.
18 posted on 09/19/2010 5:36:14 PM PDT by Marine_Uncle (Honor must be earned....)
[ Post Reply | Private Reply | To 15 | View Replies]

BUMP!


19 posted on 09/19/2010 7:12:24 PM PDT by Lancey Howard
[ Post Reply | Private Reply | To 3 | View Replies]

To: Lancey Howard

BUMP!


20 posted on 09/20/2010 6:25:18 AM PDT by jokar (The Church age is the only age man will be able to glorify Christ, http://www.basictraining.org/)
[ Post Reply | Private Reply | To 19 | View Replies]

To: smoothsailing; jazusamo

: )


21 posted on 09/20/2010 7:45:41 PM PDT by freema (MarineNiece,Daughter,Wife,Friend,Sister,Friend,Aunt,Friend,Mother,Friend,Cousin, FRiend)
[ Post Reply | Private Reply | To 1 | View Replies]

To: freema; smoothsailing

HIYA MA!!! :-)


22 posted on 09/20/2010 8:40:37 PM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
[ Post Reply | Private Reply | To 21 | View Replies]

To: jazusamo; smoothsailing

HIYA!!!!


23 posted on 09/21/2010 2:57:05 PM PDT by freema (MarineNiece,Daughter,Wife,Friend,Sister,Friend,Aunt,Friend,Mother,Friend,Cousin, FRiend)
[ Post Reply | Private Reply | To 22 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson