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The War Profiteers - War Crimes,
Kidnappings & Torture |
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March 12th,
2009 - ‘60 Minutes’ Outtakes Barred from Use against Marine News article from the San Diego
Union-Tribune |
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‘60 Minutes’ Outtakes Barred
from Use against Marine By Rick Rogers San Diego Union-Tribune March 12, 2009 Camp Pendleton - A military
judge barred prosecutors Thursday from using outtakes of the TV program “60
Minutes” as evidence against a Camp Pendleton Marine charged with
manslaughter in Haditha, Iraq. Lt. Col. Jeffrey Meeks
quashed a subpoena filed by Marine prosecutors to require CBS to turn over
hours of unaired footage from an interview with Staff Sgt. Frank Wuterich. Meeks issued his ruling
after watching the segments being sought. He said the footage had some
constitutional protection under the First Amendment right to freedom of the
press. “There is a qualified
news-gatherers privilege, and it is applicable here based on concerns about a
chilling effect on the press,” Meeks said. “The press has an interest in
being able to prepare and preserve stories without being an investigative arm
of the government.” Wuterich is accused of
voluntary manslaughter for killing nine civilians on Nov. 19, 2005. He also
is charged with assault and dereliction of duty. Altogether, Marines under
Wuterich's command killed 24 civilians after a roadside bomb hit their
convoy, causing the death of one Marine and wounding two others. Marine prosecutors have said
they believe the “60 Minutes” footage contains admissions by Wuterich. External link: http://www3.signonsandiego.com/stories/2009/mar/12/bn12wuterich204444-outtakes/?zIndex=66194 Judge denies Marines access
to CBS tapes Finding supports rights of press over prosecutor's desire for all of ‘60
Minutes’ Wuterich interview By Mark Walker North County Times March 12, 2009 Camp Pendleton - CBS
prevailed Thursday in a battle with Marine prosecutors who wanted all the
network's unaired tapes from an interview with the key figure in the killing
of 24 Iraqi civilians in 2005. A military judge granted the
network's request to deny a subpoena seeking all the outtakes from a "60
Minutes" interview with Staff Sgt. Frank Wuterich first broadcast in
2007. The judge, Lt. Col. Jeffrey
Meeks, ruled that forcing the network to hand over that material would place
the network in the role of being a tool of the government. "There is a qualified
newsgatherers privilege and it is applicable here based on concerns about a
chilling effect on the press," Meeks declared. "The press has an
interest in being able to prepare and preserve stories without being an
investigative arm of the government." Prosecutors told Meeks they
were not ready to say if they will appeal his ruling. Wuterich is charged with
nine counts of voluntary manslaughter, aggravated assault, reckless engerment
and obstruction of justice for his role in leading his squad of Camp
Pendleton Marines in an assault after a Nov. 19, 2005, bombing in the Iraqi
city of Haditha that killed one of his men. The assault resulted in the
deaths of men, women and children, none of whom were later proven to have any
ties to the bombing or the Iraqi insurgency. Wuterich has pleaded not
guilty to all the charges and remains on duty at Camp Pendleton as his case
works it way through the military court system. Wuterich and his attorneys
granted "60 Minutes" an interview in late 2006. The move was
privately criticized by lawyers representing other Marines accused of
wrongdoing at Haditha, saying it unnecessarily exposed Wuterich to
prosecution. A "60 Minutes"
spokesman in New York hailed the ruling, saying it recognized the importance
of newsgathering protections. "Today's significant
victory confirms the bedrock principle of a free press," he said.
"CBS was right to fight this subpoena vigorously." Prosecutors had argued in
hearings on the issue conducted Wednesday and Thursday that there was no
clearly established First Amendment protection for journalists in the
military justice system. Capt. Nick Gannon told Meeks
that the unaired portions of the interview, a little more than four hours in
all, needed to be seen by the prosecution. "What's newsworthy to
CBS and what is important to the government are not necessarily the same
thing," Gannon said, explaining why he wanted to view all the footage
from the Wuterich interview. "It is a not a fishing expedition." CBS attorney Carl Benedetti
argued that prosecutors would gain nothing from the unaired portions and
preserving the network's right to not hand over that material was paramount
for an unencumbered press. "The media does need to
be protected," Benedetti said. Meeks had viewed the unaired
material privately after an appellate court ruled that he was wrong when he
decided last year to reject the subpoena without first seeing what it
contained. In his ruling Thursday after
seeing it, the judge said the material in fact did not contain anything that
wasn't available to prosecutors already through voluminous documents from
multiple investigations of the Haditha killings. "All the statements are
consistent with prior statements he has made," Meeks said of Wuterich, who
was in the courtroom but did not speak during the session. "It might be nice to
have, but it's not critical," Meeks told Gannon and two other
prosecutors assigned to the case. Numerous news organizations,
including The Reporters Committee for Freedom of the Press, had filed briefs
in support of CBS when the issue went to appellate court. Four Camp Pendleton officers
and four enlisted men were charged with crimes at Haditha. All but Wuterich
and the battalion commander at Haditha, Lt. Col. Jeffrey Chessani, have since
been exonerated. Chessani, accused of
dereliction of duty for not ordering a full-scale probe of the killings, is
waiting for an appellate court ruling on whether dismissal of charges against
him should stand. It is not clear when Wuterich's
trial by military court-martial will take place. Meeks retires this week and
a new judge is being appointed to the case. The new judge's time required to
get up to speed on the case and other pretrial issues must be completed
before a trial. External link: http://www.northcountytimes.com/articles/2009/03/12/military/z5d2b8e46ab33219f88257577005527b7.txt |