Iraqis to be questioned in Haditha killings

By: MARK WALKER - Staff Writer
CBS resisting prosecution effort to obtain '60 Minutes' tapes | Monday, February 4, 2008 10:31 AM PST ∞

CAMP PENDLETON ---- A military judge on Friday upheld an order directing prosecutors in the case against Marine Staff Sgt. Frank Wuterich to travel to Iraq to interview witnesses in the 2005 slaying of 24 civilians.

The judge, Lt. Col. Jeffrey Meeks, turned aside an argument from Wuterich's attorneys, who said that motion hearings and preparing for the scheduled March 3 start of their client's court-martial make an Iraq trip problematic.

It was also disclosed during a hearing at the base that the government is seeking outtakes from a CBS "60 Minutes" interview of Wuterich broadcast last year. CBS is resisting a subpoena for those film clips and its attorneys may have to argue the issue in a Camp Pendleton courtroom.

During the interview, Wuterich gave his account of a roadside bombing that killed a Marine and injured two others and the subsequent search for the attackers by him and his squad that resulted in the civilian deaths in Haditha.

While expressing regret over the civilian deaths, Wuterich maintained throughout the interview that he and his men from Camp Pendleton's 3rd Battalion, 1st Marine Regiment followed their training and did nothing wrong.

Those killed included several women and children. At least two children who survived or witnessed part of the incident are among the Iraqis who prosecutors want to interview.

Wuterich's attorneys want the Iraqis to be brought to the United States or be required to tell their story during the trial by video hookup.

"We want to be able to confront the witnesses in person and allow the jurors to ask questions," one of Wuterich's military attorneys, Lt. Col. Colby Vokey, said after the hearing. Unlike civilian courts, the military justice system permits jurors to question witnesses.

Prosecutors have said that the Iraqis refuse to come to the U.S., but have agreed to speak with attorneys if they traveled to Iraq.

It was not immediately clear Friday if any of Wuterich's five attorneys ---- three military and two civilian ---- will travel to Iraq. His lead attorney, Neal Puckett, said he could not comment because of security reasons.

Three other Marines face courts-martial this year in connection with the incident. Lance Cpl. Stephen Tatum is scheduled to stand trial March 28 for two counts of involuntary manslaughter in the deaths of two children. Tatum also faces charges of reckless endangerment and aggravated assault.

The battalion commander at Haditha, Lt. Col. Jeffrey Chessani, faces trial for dereliction of duty for failing to order an investigation into the deaths.

Also facing court-martial is 1st Lt. Andrew Grayson, an intelligence officer who is accused of obstruction of justice for ordering the destruction of photos of the victims. He also is accused of making a false official statement.

Like Wuterich, all of the accused maintain their innocence.

Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.

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