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February 20th,
2008 - Judge Asked to Dismiss Haditha Charges 1st news article by the
Associated Press |
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Judge Asked to Dismiss
Haditha Charges By Chelsea J. Carter Associated Press January 20th, 2008 Camp Pendleton, Calif. -
Attorneys asked a military judge Wednesday to dismiss charges against a
Marine Corps officer accused of failing to investigate the killing of 24
people by Marines in Haditha, Iraq. The attorneys from the
Thomas More Law Center filed five motions in advance of a pretrial hearing
for Lt. Col. Jeffrey R. Chessani. He is the highest-ranking
U.S. serviceman to face a combat-related court-martial since the Vietnam War.
Chessani was charged with dereliction of duty and violation of a lawful order
on allegations that he mishandled the aftermath of the Nov. 19, 2005,
shooting deaths. Among the motions the judge
was expected to consider during the two-day hearing were requests to compel
the deposition of Rep. John Murtha over comments the congressman made about
Marines killing "in cold blood" in Haditha, and motions to dismiss
charges because of undue influence by commanding officers. On the day of the shootings,
a convoy was struck by a roadside bomb, killing one Marine and wounding
another. In the aftermath, members of one squad killed 24 Iraqi civilians,
authorities allege. Chessani has said he never
ordered a formal investigation because he believed the deaths resulted from
lawful combat. Chessani, of Rangely, Colo.,
faces court-martial on April 28. If convicted on all counts, he faces up to
three years in prison. Four enlisted Marines were
initially charged with murder in the case, and four officers were charged
with failing to investigate the deaths. Charges against several of the men
have been dropped, and none will face murder charges. In a neighboring courtroom,
a three-day pre-trial hearing was under way Wednesday or the squad leader,
Staff Sgt. Frank Wuterich, 27, of Meriden, Conn., who faces charges including
voluntary manslaughter. Wuterich's court-martial is
scheduled to begin March 3. Copyright © 2008 The
Associated Press. External link: http://ap.google.com/article/ALeqM5hNUaTPsL6OBHarjCDUGxJ0EYsm9AD8UU7FPG0 Prosecutor: Marines
Witnesses Unhelpful By Chelsea J. Carter Associated Press February 20, 2008 Camp Pendleton, Calif. -
Marines forced to testify against a squad leader accused in the killings of
24 Iraqi civilians will likely offer conflicting accounts of the killings, a
military prosecutor said Wednesday. The Marines "are
begrudging in their testimony," Capt. Nicholas Gannon told a judge
Wednesday during a pretrial hearing for Staff Sgt. Frank D. Wuterich, who
faces voluntary manslaughter and other charges for his role in the Nov. 19,
2005, shooting deaths in Haditha, Iraq. It was one of the clearest
statements to date by prosecutors over perceived legal problems with the
Haditha cases — the largest prosecution of U.S. troops in the Iraq war. Four enlisted Marines were
initially charged with murder in the case and four officers were charged with
failing to investigate the deaths. Charges against several of the men have
been dropped, and none will face murder charges. Among other issues to be
addressed during the three-day hearing were motions to dismiss the case
because of undue publicity and command influence, and a motion to quash a
subpoena to compel CBS to turn over raw footage of a "60 Minutes"
interview with Wuterich. The network has declined to hand over the footage. The comments about the
Marine witnesses came as a judge considered a defense motion to keep out or
at least limit what defense attorneys described as "gruesome" and
"inflaming" crime scene photographs that show dead bodies,
including those of women and children. "Post-death photos do
not actually display what went on in that house," said attorney Neal
Puckett. "It's a bunch of dead people, and it's prejudicial." The incident began when the
squad's convoy was struck by a roadside bomb, killing one Marine and wounding
another. In the aftermath, squad members killed 24 Iraqi civilians,
authorities have said. Puckett argued that many of
the photos were of victims that Wuterich had not been charged with killing.
The charge of voluntary manslaughter against Wuterich, 27, of Meriden, Conn.,
includes specifications of a personal role in at least nine killings, naming
seven victims plus one or more unknown people, and the allegation that he
ordered a lance corporal to kill a person. Puckett told the judge, Lt.
Col. Jeffrey Meeks, that there were questions from the Marines being forced
to testify as to whether Wuterich was even present for some of the killings. Gannon argued that the
photographs were needed to counter those anticipated conflicts in testimony. "The conduct speaks
otherwise. They are shooting through doors. They are shooting women walking
down the hallway," Gannon said. In a neighboring courtroom,
a two-day pretrial hearing was under way for Lt. Col. Jeffrey R. Chessani. Among the motions the judge
was hearing were requests to compel the deposition of Rep. John Murtha over
comments the congressman made about Marines killing "in cold blood"
in Haditha and motions to dismiss charges because of undue influence by commanding
officers. Chessani is the
highest-ranking U.S. serviceman to face a combat-related court-martial since
the Vietnam War. He has been charged with dereliction of duty and violation
of a lawful order on allegations that he mishandled the aftermath of the shooting
deaths. Chessani was commander of
the Camp Pendleton-based 3rd Battalion, 1st Marine Regiment. The decision to send
Chessani to trial came after a hearing officer excoriated him for failing to
go to the scene of the killings immediately after they occurred. Chessani has said he never
ordered a formal investigation because he believed the deaths resulted from
lawful combat. Chessani, of Rangely, Colo.,
faces court-martial on April 28. If convicted on all counts, he faces up to
three years in prison. A judge has set an April 28
court-martial for 1st Lt. Andrew Grayson, of Springboro, Ohio, on charges of
making false official statements, obstruction of justice and attempting to
fraudulently separate from the Marine Corps. Wuterich is scheduled to begin
court-martial on March 3. Copyright © 2008 The
Associated Press. External link: http://ap.google.com/article/ALeqM5hNUaTPsL6OBHarjCDUGxJ0EYsm9AD8UUD9BO1 |