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Last Haditha Defendant Denied Travel 0rders For Appeals Court Hearing (SSGT Frank Wuterich)
Puckett and Faraj , PC ^ | 3-15-2011 | Puckett and Faraj

Posted on 03/18/2011 1:00:35 PM PDT by smoothsailing

March 15, 2011

Last Haditha Defendant Denied Travel 0rders For Appeals Court Hearing

SSgt Frank Wuterich remains the last Marine pending charges of manslaughter for the 2005 deaths of 24 Iraqi citizens in Haditha. His military appellate defense attorneys are presenting oral arguments before the highest military court, the Court of Appeals for the Armed Forces (CAAF).

The pre-trial motions and appeals that have reached the highest court, involve the fact that his assigned active duty military attorneys retired from the Marine Corps without first properly being relived from representing SSgt Wuterich under proper courtroom procedures, including asking Wuterich whether he would prefer that they remain on his case. This severance of attorney/client privilege left SSgt Wuterich without his appointed active duty attorneys contrary to the Constitution, federal law and the Manual for Courts-Martial.

The CAAF has agreed to adjudicate an “extraordinary writ appeal” that Wuterich’s appellate attorneys submitted requesting a stay in the general court-martial until the Marine Corps cures the improper severance of his representation by his active duty military attorneys who retired in 2008.

The CAAF rarely agrees to review issues prior to a court-martial and even more unusual is the request for oral arguments before the court in this type of pre-trial appeal. The arguments are scheduled for March 30th in Washington DC. SSgt Wuterich has been denied travel orders to attend the hearing. Instead, this Marine will have to request to take leave and pay for his own transportation and lodging to hear the arguments that can determine whether or not he faces a court-martial.

(More information available at post #1 below)


TOPICS: Extended News; Foreign Affairs; Government; War on Terror
KEYWORDS: asshat; caaflogfairy; chickenshit; colbuttwipe; colherpes; dipwight; haditha; mrdwighthanky; prosecrappers; suliban; wuterich
United States Court of Appeals for the Armed Forces

SCHEDULED HEARING

Wednesday, March 30, 2011

 

9:30 a.m.:                Frank D. Wuterich v. David L. Jones, Military Judge, and United States, No. 11-8009/MC

                                      (Appellant)                                   (Appellees)                  

 

                        Counsel for Appellant:  Col Dwight H. Sullivan, USMCR

                        Counsel for Appellees:  Brian K. Keller, Esq.

 

Case Summary:  GCM prosecution for voluntary manslaughter, aggravated assault, reckless endangerment, and obstruction of justice.  At trial, the Appellant moved to dismiss the charges or for other relief arising from the loss of one of his defense counsel.  The military judge denied the motion, finding good cause to sever the attorney-client relationship due to a conflict of interest.  Appellant filed a petition for extraordinary relief in the U.S. Navy-Marine Corps Court of Criminal Appeals.  The court denied the petition without prejudice to Appellant’s right to raise the issue during the ordinary course of appellate review.  On appeal to the U.S. Court of Appeals for the Armed Forces, the court remanded the case to the Court of Criminal Appeals for further consideration of the transcripts of the Article 39(a) sessions and the issue of whether the military judge abused his discretion in determining that good cause existed to sever the attorney-client relationship.  Upon further review, the Court of Criminal Appeals determined that the military judge did not abuse his discretion, and it returned the case to the U.S. Court of Appeals for the Armed Forces for further proceedings.

             NOTE:  Counsel for each side will be allotted 20 minutes to present oral argument.


SOURCE LINK

.................................................................................................................................

UPDATE MARCH 18, 2011- Even though the above hearing date is expected to proceed as scheduled, both DEFEND OUR MARINES and FrankWuterich.com are reporting that a seperate matter, the actual court-martial trial date has been postponed yet again. The new date is JUNE 27, 2011.

1 posted on 03/18/2011 1:00:40 PM PDT by smoothsailing
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To: jazusamo; RedRover
Frank Wuterich Ping.
2 posted on 03/18/2011 1:02:19 PM PDT by smoothsailing
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To: smoothsailing

Now that John Murtha is pushing up daisies what excuse does the DOD have for treating Wuterich like this?

The military leadership just stinks.


3 posted on 03/18/2011 1:08:02 PM PDT by butterdezillion
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To: Semper Fi Mom; RedRover; smoothsailing; Just A Nobody; 4woodenboats; American Cabalist; ...
.

HADITHA MARINE PING!

It's pretty sad the Marine Ccorps wouldn't give SSgt. Wuterich travel orders for his appeal.

Thanks for posting this, Smooth.

4 posted on 03/18/2011 1:08:30 PM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: smoothsailing
And ladies and gentlemen here we have the logical consequences of post modern legalism. This sort of garbage will only grow worse and more determined professional soldiers who are loyal to their salt will be subjected to this sort of judicial torture. The cultural changes being forced on the arms bearing parts of the military are corrosively destructive of true military values and congruent with the hidden but very real determination of cultural Marxists to demilitarize the military and make it a constabulary hat will be willing (at least in part) to be used against the citizens of the country it is raised and organized to defend.
5 posted on 03/18/2011 1:14:13 PM PDT by robowombat
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To: smoothsailing

Amazing, how long are they going to torture this poor guy! I cannot imagine having this kind of thing hanging over me for over 6 years now, nor putting up with all the BS that the government has thrown at him. One of the reasons why I would never recommend anyone join the military now, you’re cannon fodder to the higher ups and nothing more.


6 posted on 03/18/2011 1:15:51 PM PDT by trapped_in_LA
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To: jazusamo; smoothsailing

Man is this Marine being put through the rollers. It is so hard to believe the Marine Corps., would put him through all the ordeals he has had to face.


7 posted on 03/18/2011 1:16:44 PM PDT by Marine_Uncle (Honor must be earned....Duncan Hunter Sr. for POTUS.)
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To: jazusamo
Strictly speaking this is purely the lawyers' argument and the actual parties and witnesses do not speak.

But this is just plain wrong. If the Marine Corps can court-martial him for doing his job, simple fairness dictates they ought to accommodate him attending his own case being heard on appeal. This is the chicken-s@#t kind of stuff private litigants do to each other, but the Corps ought to be above that. Don't they tell all who will listen they are?

8 posted on 03/18/2011 1:32:38 PM PDT by colorado tanker
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To: trapped_in_LA
Read Bing West's latest book on Afghanistan and see in detail the kind of bureaucratic stone walling and obfuscation meted out to combat infantry in the midst of actually firefights. The command elements spend their time carefully parsing all request for fire support or air strikes to make sure they can defend themselves (and most important their careers) in any ‘collateral damage’ would occur. In previous wars the friction has been with ambitious commanders demanding ‘engage the enemy closer’ of units in contact with the enemy. Now we have non-comanders who coolly balance fire support for platoons and squads engaged in deadly combat with potential negative effects on their chances for a star or another star. Before I retired I had the distasteful experience of dealing with two tin soldiers such as West describes, a two star and an O-6, G-d how I hate the milicrats that are spreading their careerist poison through the fighting services.
9 posted on 03/18/2011 1:37:09 PM PDT by robowombat
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To: colorado tanker

A real commander-in-chief would intervene and direct the chain of command to provide a quick answer on what national security consideration is so urgent that a Marine can’t attend a hearing that will determine his future. Sadly for America, all we have is a community organizer who is too busy to attend to trivial details like the lives of the men who keep us free and safe.


10 posted on 03/18/2011 1:38:42 PM PDT by Pollster1 (Natural born citizen of the USA, with the birth certificate to prove it)
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To: colorado tanker

Well said. His commander at Pendleton should have stepped in and had the orders cut.


11 posted on 03/18/2011 1:47:58 PM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: Pollster1
all we have is a community organizer

And at the same time he failed to exercise any leadership over the Libya crisis. About all you can say is he's consistent between foreign and domestic policy - a consistent failure.

12 posted on 03/18/2011 1:55:26 PM PDT by colorado tanker
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To: jazusamo

This is pure speculation on my part, but his commander may well have tried to get him travel papers but was blocked by the Pentagon bureaucrats.


13 posted on 03/18/2011 1:57:16 PM PDT by colorado tanker
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To: Pollster1

You should include Bush in your rant as well since he had plenty of time to address this. Face it, the Haditha Marines were the fall guys for the higher ups and kind of a sacrafice to the Iraq government so that they can say, “see we are fair and will punish those evil soldiers”.


14 posted on 03/18/2011 2:02:43 PM PDT by trapped_in_LA
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To: colorado tanker
Strictly speaking this is purely the lawyers' argument and the actual parties and witnesses do not speak.

Innocent until proven guilty?

We take care of our own?

These actions undercut a tremendous amount of outstanding things the Marines do to take care of their own.

What's a grunt to believe? The recruiting posters or his lying eyes?

Semper Fi,

TS

15 posted on 03/18/2011 2:03:54 PM PDT by The Shrew (www.wintersoldier.com; www.tstrs.com; The Truth Shall Set You Free!)
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To: The Shrew
What's a grunt to believe? The recruiting posters or his lying eyes?

I really hate to say it, but I have to agree with you.

16 posted on 03/18/2011 2:11:24 PM PDT by colorado tanker
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To: jazusamo
Well said. His commander at Pendleton should have stepped in and had the orders cut.

Indeed.

I wonder who it is. We should put him up on the Wall Of Shame.

17 posted on 03/18/2011 2:12:01 PM PDT by 4woodenboats
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To: butterdezillion
Now that John Murtha is pushing up daisies what excuse does the DOD have for treating Wuterich like this?

Excuse? Hell, they don't have time for excuses, they're too busy naming ships after Murtha to bother themselves with SSGT Wuterich, a real living Marine.

18 posted on 03/18/2011 2:28:31 PM PDT by smoothsailing
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To: smoothsailing

Disgusting.


19 posted on 03/18/2011 2:31:17 PM PDT by butterdezillion
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To: smoothsailing; jazusamo

Going on 6 (six!) years, and the Marines are still pursuing a combat veteran for actions taken on the battlefield, actions which were a response to an ambush that left a Marine dead and another seriously wounded... My disgust with these perfumed Pentagon princes continues to grow, and I thought that wasn’t possible.

And why didn’t somebody wake up Bush when he had the chance to bring this abomination to an end with a full pardon?

Once again, I am throwing up in my mouth a little.


20 posted on 03/18/2011 2:50:59 PM PDT by Lancey Howard
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To: smoothsailing

Where’s Freeper “USAF Colonel” and “JAGWarrior” in all of this disgusting injustice? Their silence speaks volumes.


21 posted on 03/18/2011 2:52:41 PM PDT by Tea Party Reveler
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To: Tea Party Reveler; jagusafr
Where’s Freeper “USAF Colonel” and “JAGWarrior” in all of this disgusting injustice? Their silence speaks volumes.

I don't know where they stand, but I would think pinging them to the thread would be a more courteous way to bring it to their attention.

Since neither Freeper name came up in preview as you spelled them I pinged Jagusafr - a JAG officer who might give us some insight to this case - and might not. FWIW.

Done.

TS

22 posted on 03/18/2011 3:17:13 PM PDT by The Shrew (www.wintersoldier.com; www.tstrs.com; The Truth Shall Set You Free!)
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To: Lancey Howard; jazusamo
Marines are still pursuing a combat veteran for actions taken on the battlefield, actions which were a response to an ambush that left a Marine dead and another seriously wounded>

Thanks Lancey, that should never be forgotten.


Photo courtesy of DEFEND OUR MARINES Picture and Video File

23 posted on 03/18/2011 3:20:46 PM PDT by smoothsailing
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To: smoothsailing; Lancey Howard

Semper Fi to Lance corporals Terrazas, Crossan and Rodriquez.


24 posted on 03/18/2011 3:32:41 PM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: trapped_in_LA
You should include Bush in your rant as well since he had plenty of time to address this.

I gave up on complaining about Bush over two years ago. Bush did several dumb things and failed to do many more that he should have done, but there's no point in complaining now that he can't fix it. In theory, Obama could still do the right thing. In reality, that will only happen if Obama thinks such an action will harm America.

25 posted on 03/18/2011 5:39:46 PM PDT by Pollster1 (Natural born citizen of the USA, with the birth certificate to prove it)
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To: smoothsailing; jazusamo

Smooth, jaz, do you guys know if LtCol Sullivan is lead counsel for the prosecution?


26 posted on 03/19/2011 7:59:20 AM PDT by Girlene
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To: The Shrew

TS - I appreciate your courtesy. The fact is, 1) I haven’t seen the latest post from TPR, and 2) nothing I say is going to change his mind or do anything other than give him more rant fodder. Truth and fact, it appears, cannot penetrate his hatred for all things military leadership.

Regards,

Colonel, USAFR


27 posted on 03/19/2011 8:35:22 AM PDT by jagusafr ("We hold these truths to be self-evident...")
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To: jagusafr

Having now read the post/initial thread, and knowing nothing of the underlying facts or procedural history, the short answer is that the defendant does not have a right to be present at arguments on a point of law, because evidence is not being presented. The right to confront one’s accusers/hostile witnesses is triggered by evidentiary hearings, not motions arguments. Should they issue permissive travel orders? Probably, from a pure public affairs standpoint. Must they? No.

Colonel, USAFR


28 posted on 03/19/2011 8:41:21 AM PDT by jagusafr ("We hold these truths to be self-evident...")
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To: 4woodenboats
4wb, have you followed the Carolyn Martin vs NCIS suit? (the one where Lt Col Sullivan was named)

I hadn't checked into it for a while, but there have been interesting developments. Last November, NCIS-SAN DIEGO: GOVERNMENT CONCEDES THAT PUBLIC HAS RIGHT TO ATTEND MILITARY COURT PROCEEDINGS

CAAFlog has followed this case extensively. I found this article with comments quite interesting. Martin v. NCIS evidentiary hearing set for 9 November

The govt has filed a motion to dismiss the suit.....the opposition filed to this motion is linked in this CAAFlog posting. Opposition to motion to dismiss in Martin v. NCIS
29 posted on 03/19/2011 8:46:21 AM PDT by Girlene
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To: All

LOL, quite colorful keywords added to this thread.


30 posted on 03/19/2011 9:23:31 AM PDT by Girlene
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To: Girlene

I thought I remembered he was replaced and just found this, don’t know if Erickson is still lead or not:

“February 15, 2008 — The chief prosecutor in the case against Staff Sergeant Frank Wuterich has been replaced by Major Daren C. Erickson, a Camp Pendleton-based career Marine lawyer. Lt Col Sean Sullivan, a reservist from Chicago, led the government’s case against Wuterich since the 27-year old infantryman was initially charged with perpetrating a massacre in Haditha, Iraq more than two years ago.”

http://warchronicle.com/DefendOurMarinesExclusive/ChiefProsecutorReplaced-NatHelms.htm


31 posted on 03/19/2011 9:58:02 AM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: jagusafr

Thanks, Colonel. Like you say, they should have from a public affairs standpoint.


32 posted on 03/19/2011 10:00:43 AM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: jazusamo
Thank you, jaz. You are right, he is not the prosecutor anymore, but according to this article, Sullivan is still involved with the Haditha case. Military: Suit Alleges Military Violated Woman's Rights

......"Before Sullivan took the job at Marine Corps Recruit Depot, he prosecuted multiple cases arrising from the alleged incidents at Haditha, Iraq. He is still involved in that case."............


33 posted on 03/19/2011 10:23:15 AM PDT by Girlene
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To: jazusamo; Girlene; RedRover
That Sullivan, what a piece of work he is...

Sullivan, a reserve Marine officer with no combat experience, is a Chicago lawyer who specializes in patent and trademark law, according to his law firm’s Internet site.

Nat Helms, author of the recent book “My Men are Heroes,” has written extensively about Haditha. He said: “Sullivan, who is prosecuting Wuterich, may eventually face some heat of his own for how and why star prosecution witness [Lance Cpl.] Humberto Mendoza managed to get transferred to Sullivan’s Chicago-based reserve unit as a driver after he was granted immunity.

From a Red Rover thread, Feb. 13, 2008.

34 posted on 03/19/2011 10:26:19 AM PDT by smoothsailing
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To: Girlene; smoothsailing

Thanks, Girl. Looks like the brass still want the cs Lt. Col. involved but out of the lime light.

What Sullivan pulled with Mendoza should be a courts-martial offense. It’s pretty clear from his bio he’s in the Jag Corps as a ticket puncher.


35 posted on 03/19/2011 10:37:16 AM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: jazusamo; smoothsailing
The Lt Col Sullivan I was asking about is Lt Col Sean Sullivan (prosecuter in Haditha cases).

I noted in an earlier post about the "colorful" key words that were added to this thread. They seem to all be aimed at the counsel for the appellant, Dwight Sullivan (the counsel arguing FOR Wuterich). Wonder who is adding key words that are derogatory toward Wuterich's counsel?

Interesting.
36 posted on 03/19/2011 10:38:06 AM PDT by Girlene
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To: smoothsailing

Thanks, smooth. Good reminder of Sean Sullivan’s “alleged” activities related to the Haditha cases. He is also named in the suit brought by Carolyn Martin vs NCIS (and others) I referred to in an earlier post.


37 posted on 03/19/2011 10:56:39 AM PDT by Girlene
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To: Girlene; jazusamo; smoothsailing; 4woodenboats
LOL, quite colorful keywords added to this thread.

I had an exciting Friday and missed this ping.

What is even more exciting is when Girlene saw those keywords, she thought of me. How sweet. LOL

38 posted on 03/19/2011 8:26:47 PM PDT by bigheadfred (THE ZOMBIE APOCALYPSE HAS BEGUN)
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To: bigheadfred

What? Haditha? of course I thought of you......you’ve been a consistent follower of these threads.


39 posted on 03/19/2011 8:46:46 PM PDT by Girlene
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To: bigheadfred; Girlene; jazusamo; 4woodenboats

40 posted on 03/19/2011 8:59:15 PM PDT by smoothsailing
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To: smoothsailing; RedRover

LOL. My Favorite Haditha/Defend our Marines picture, evah!


41 posted on 03/19/2011 9:10:16 PM PDT by Girlene
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To: Girlene; RedRover

42 posted on 03/19/2011 9:23:46 PM PDT by smoothsailing
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To: smoothsailing

LOL, smooth.


43 posted on 03/19/2011 9:30:40 PM PDT by Girlene
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To: smoothsailing; Girlene; bigheadfred; RedRover
smooth

;-)

44 posted on 03/19/2011 9:36:43 PM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: jazusamo; Girlene

G'Night Y'all! ;-)

45 posted on 03/19/2011 9:58:27 PM PDT by smoothsailing
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To: Girlene
No, I hadn't followed it since just before Dwight disrobed himself....and now he's off the case?

Funny things, those coincidences. (Thanks)

46 posted on 03/20/2011 7:15:50 PM PDT by 4woodenboats
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To: 4woodenboats

Whoops, wrong Sullivan


47 posted on 03/20/2011 7:20:17 PM PDT by 4woodenboats
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To: butterdezillion

Perhaps the others who are pushing up daisies deserve the truth behind their death ?


48 posted on 04/21/2011 9:43:51 PM PDT by RS ("I took the drugs because I liked them and I found excuses to take them, so I'm not weaseling.")
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