Wuterich attorneys seek to question generals, congressman

By: MARK WALKER - Staff Writer
Defense suggesting that 'undue command influence' led to charges against Marine | Thursday, February 14, 2008 10:34 PM PST ∞

CAMP PENDLETON ---- What did the generals know and how did they influence the decision to charge Marines with crimes in the killing of 24 Iraqi civilians in Haditha in 2005?

That's the crux of ongoing attempts by attorneys for Staff Sgt. Frank Wuterich to interview several current and former Marine Corps generals as they prepare for his court-martial, set to begin March 3.

During a two-day motion hearing this week, Wuterich's attorneys told a military judge they are endeavoring to contact former Camp Pendleton Gen. James Mattis and the former commandant of the Marine Corps, Gen. Michael Hagee, to see how involved either may have been in the decisions that led to criminal charges against their client.

The attorneys also want to interview U.S. Rep. John Murtha, D-Pa., to see who provided him with information that led to his publicly stating while an investigation was ongoing that Wuterich and the Marines that he led at Haditha had "killed in cold blood."

Wuterich attorney Neal Puckett said after Wuterich's hearing concluded that the attempts to interview the congressman, Hagee, Mattis and two other generals are continuing.

The quest for that information is part of an attempt to bolster an argument that unlawful "undue command influence" occurred in charging Wuterich, who faces nine counts of voluntary manslaughter and related charges in the Haditha incident.

Further resolution of that aspect of the Wuterich case may come next week, when another motion hearing takes place on Wednesday.

As Wuterich's attorneys worked in one courtroom to get statements that he made to investigators tossed out on the grounds that he was not properly notified he was suspected of a crime, similar efforts were under way by attorneys for the only other Marine now charged in the civilian deaths ---- Lance Cpl. Stephen Tatum, who is accused of two counts of involuntary manslaughter.

Two other Marines also originally charged in the civilian deaths have since had the cases against them dismissed. Charges against a now-former Marine, Lance Cpl. Justin Sharratt, were dismissed on a finding he did not violate the rules of engagement. Charges against Sgt. Sanick Dela Cruz were withdrawn in exchange for his agreement to testify against the Camp Pendleton-based men he served with at Haditha.

In addition to seeking to suppress statements his client made, Tatum attorney Jack Zimmerman on Thursday told the military judge overseeing that case that aggravated assault and reckless endangerment charges should be dismissed because the Marine Corps did not name specific victims.

The prosecution objected, saying the charges specify a group of people on a specific time and date and is sufficient even though exact names are not included in the charges.

Zimmerman also is seeking to introduce a polygraph examination that he said showed Tatum was truthful when asked if he knew there were women and children inside a house the Marines assaulted at Haditha. The judge did not rule on either motion.

That assault came after a roadside bombing on Nov. 19, 2005, destroyed a Humvee, killing a lance corporal and injuring two other troops. The civilians died as the Marines hunted for their attackers, a combat action that included a series of "house clearing" operations where most of the Iraqis died.

The Marine Corps issued a news release after the incident saying that 15 civilians had died, most from the bombing and some from the resulting combat action. The inaccuracies of that statement did not fully come to light until several weeks later, after a Time magazine reporter who had talked to Iraqis familiar with what happened began questioning the Marine Corps' account.

Subsequent investigations led to the charges against the four Marines involved in the civilian killings and charges against four officers, alleging they failed to order a full-scale investigation. Charges against two of those officers have since been withdrawn and two others face courts-martial at Camp Pendleton later this year.

Tatum's court-martial is scheduled to start in late April. It was disclosed Wednesday that Tatum has been ordered by the Marine Corps to testify for the government at Wuterich's court-martial. The order specifies that anything he might say during that trial cannot be used against him at his trial.

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

12 comment(s)[-]Go to Top

mark wrote on Feb 15, 2008 12:44 AM:Simple justice would demand that Generals Mattis and Hagee as well as Murtha be questioned but the Marine Corps will never allow it.

TIGMOTHER wrote on Feb 15, 2008 1:07 AM:Such faldeerall and pingyponging and obfuscation do we see here! Gracious sakes alive and Holy Toledo! Mercy me. Who in the wild west cares whether Murtha said what-and-so or the Generals did this and that? Methinks the defense is desperate to reach for such straws. The military judge should summarily and forthwith reject these subpoena motions on the grounds that no showing has been made that there was undue command influence nor do Murtha's remarks rise to the level of relevance. No smoke screen can obscure the dire and dreadful facts of the allegations in these cases. None.

mark wrote on Feb 15, 2008 7:30 AM:So far the whole case has pretty much fallen apart. Many Marines were accused of many things but so far we have had only dropped charges and acquittals. "Gracious sakes alive and Holy Toledo Mercy me", what ever made this whole investigation go off half cocked? Be nice thing to know I think.

AW4cryinoutloud wrote on Feb 15, 2008 4:46 PM:When TIGMOTHER grows up, then, and only then, can she (or he) come out and play with the adults. TIGMOTHER is empty, yet full of hatred. Basically; TIGMOTHER is full of it>

TheGunny wrote on Feb 15, 2008 5:32 PM:Command influence of any investigation big or small, definiely deserves close investigation. As for "Cold Blood" Murtha, he needs to be publicly censured and must be held accountable for his undue statements that had these warriors tried and convicted before they got home. Justice??? I think not.
Semper Fi SSgt, hold fast and strong.

Bring it on wrote on Feb 15, 2008 8:02 PM:If everyone has conducted themselves in a proper and ethical manner then Murtha, Hagee and Mattis shouldn't have a problem being subpeoned. Isn't that right Congressman Murtha?

TIGMOTHER wrote on Feb 16, 2008 11:50 AM:TIGMOTHER notes with tolerance and understanding the nature and origin of such pathetic blogs as we see here. North San Diego County is home to Camp Pendleton with not only its military population but their dependents and assorted civilian employees of the Camp. Their loyalties are misplaced and some blindly support the criminals in their midst. Flying in the face of reality, they ignore or are ignorant of the FACT that 5 of the "Pendleton 8" have pled GUILTY to war crimes and 3 others have been CONVICTED by a military jury of their peers. The ad hominem attacks on Tigmother fazes not, but only show the character of the attackers and the weakness of their position. They indulge in a personal attack rather than discussing the issues. True patriotism is manifested by an honest condemnation of those who have so dishonored the Corps and their country.

mark wrote on Feb 18, 2008 3:08 PM:Wow TIGMOTHER, Whats with the weird way of speaking about yourself in the third person. Who are you the Queen of England? We are not amused!

One Marine’s Uncle wrote on Feb 18, 2008 8:11 PM:These brave and honorable Marines go into harms way to defend our way of life. I support the right of both sides to have a respectful discussion on the issue.

The "Pendleton 8" MAY have pled guilty, However I assure you they DID NOT pled to war crimes. Tigmother, you need to have your facts correct. Otherwise, it weakens your thought on the subject and shows your bias.

Wuterich's attorney has every right to seek and provide evidence of undue command influence. One retired USAF General made a statement more than a year a go that command influence has taken place in this case.

This issue turned hyper-political very fast. Starting with the initial media reports were bias, along with bias comments coming from congress. Both of these contributed to a general atmosphere of influence on the Marine Corps. It is obvious the Marine Corps General Officers didn’t stand tall.

We had an overzealous prosecutor whose idea to search for the truth was more of a scorched earth policy. Recently, he was forced to step aside because of allegations of witness tampering. Also one wonders how and why a partner in a prestigious Chicago Law firm could or would take more than a year off work to bring these charges.

One also wonders the timing of the letters of censure for Huck, Davis and Sokoloski. Just before Gen. Mattis’s departure from Camp Pendleton. Was Huck, Davis and Sokoloski the sacrificial lamb for the Marine Corps General Officers?

AW4cryinoutloud wrote on Feb 20, 2008 9:33 AM:To One Marine's Uncle: One thing I've learned after 19 months of blogging is that it's impossible to argue with total ignorance. There was a blogger who, for a good while, used my blog name to slander these Marines. I called him (or her) Insurgent blogger or Jihadist blogger because, to my mind, it had to be either a nut or someone NOT coming from the perspective of an American. TIGMOTHER (whatever the heck "that" is), to my mind, speaks either from ignorance or a perspective other than that of an American; or both. It's apparent you and I know people involved in both the Hamdania and Haditha cases. I gave up on TIGMOTHER because, like Mark, I was tired of the absurd, obnoxious, comments. One cannot argue with Jihadists, any more than one can argue with the mother of a TIG. Neither is worth the effort.

Reality check wrote on Feb 20, 2008 3:21 PM:To AW4, just a reminder a jury of Hutchins' peers convicted him of murder and yes the other 7 members of the squad got off pretty easy. There is nothing you can say that will change the fact P8 committed murder during a war and as a result it is a war crime period......Move on there is nothing you can do for the P8.

TIGMOTHER wrote on Feb 20, 2008 3:47 PM:Oh, dear me! AW4, lamentably, pathetically, has once again blown its little fuse, but it has totally failed to rebut the points Tigmother has made. And btw Marine Uncle, you glossed over the three CONVICTIONS, using the dismissive verbage "may have pled guilty." Three were CONVICTED, and those three did not plead guilty. You and this AW4 thing are completely unaware of the FACTS, yet you both ramble on and on and on about nothing but how terrible those are who disagree with you. Pathetic indeed. Neither of you argue from facts, instead you call names. How childish of you. "Jihadist" "Insurgent" ~~ how laughable is that!

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