Wuterich trial start delayed
By: MARK WALKER - Staff Writer
Witness issues still being worked out as prosecutors appeal ruling on '60 Minutes' outtakes | ∞
CAMP PENDLETON -- The court-martial of Staff Sgt. Frank Wuterich has been delayed at least a week so recent statements by witnesses and survivors of a group of Iraqi civilians slain in Haditha two years ago can be translated from Arabic to English.
The long-anticipated trial testing the proper application of the military's rules of engagement also is running into other witness issues and a renewed attempt by prosecutors to get the outtakes of a "60 Minutes" interview with Wuterich.
On Monday, one of Wuterich's two civilian attorneys, Mark Zaid, wrote in an e-mail that the Camp Pendleton Marine was in Iraq with other members of his defense team last week when the Iraqi witness statements were recorded.
Prosecutors also were in Haditha recently talking with witnesses and survivors of the killings that took place on Nov. 19, 2005.
Wuterich's court-martial was to begin on March 3 and is now tentatively slated to start on March 10, said Lt. Col. Sean Gibson, a Marine Corps spokesman. Wuterich is charged with nine counts of voluntary manslaughter and related offenses arising out of the Haditha killings.
Prosecutors have said the Iraqi witnesses won't come to the U.S. for Wuterich's trial or the upcoming court-martial for one of Wuterich's squad mates, Lance Cpl. Stephen Tatum. Tatum's trial on two counts of involuntary manslaughter for the deaths of two children at Haditha is scheduled to start in late April.
But the Iraqis agreed to talk with attorneys if they traveled to Iraq, prosecutors have said during pretrial court hearings.
Defense attorneys have complained that the Iraqis' refusal to appear in court harms their ability to confront them and challenge what they say. If their testimony is limited to recorded videotape, the Iraqis cannot be cross-examined and cannot be questioned by the jurors, a practice allowed in military courts.
Other witness issues are emerging as the trial nears. One surrounds whether Tatum will comply with an order that he testify against Wuterich under a grant of immunity, meaning anything he says on the stand cannot be used against him at his own trial.
Last week, a prosecutor, Capt Nicholas Gannon, said he had not been able to confirm if Tatum will abide by the order. Attempts to resolve the issue with his attorneys have not been successful, Gannon said.
Tatum's attorney Jack Zimmerman declined to comment when asked about the issue. But Zaid said the Wuterich trial team has been told that Tatum will not testify at their client's trial.
Another potentially key witness is Sgt. Sanick Dela Cruz, who had murder charges against him dropped last April in exchange for his testimony.
Zaid said that Dela Cruz is resisting defense attorneys' attempts to question him in advance of Wuterich's trial.
Wuterich's own words were at the center of another legal development in the Haditha case on Monday. Prosecutors appealed a ruling handed down last week that bars them from obtaining the outtakes of a "60 Minutes" interview of Wuterich broadcast by CBS in March of last year.
Portions of the interview that were not broadcast could contain "relevant and necessary evidence" and "substantial proof" of Wuterich's guilt, Gannon said in a one-page appeal of the judge's ruling.
On Friday, the judge presiding over the Wuterich trial, Lt. Col. Jeffrey Meeks, deemed the efforts to get the raw tape a "fishing expedition" that case law expressly forbids.
Wuterich was in charge of a Kilo Company squad from Camp Pendleton's 3rd Battalion, 1st Marine Regiment that was attacked by a roadside bomb in Haditha. The squad's response to that attack and search for those responsible led to the two dozen civilian deaths.
The Marine Corps issued an incorrect statement the day after the incident saying that 15 civilians had died in the bombing.
Eight Marines including Wuterich and Tatum would eventually be charged with criminal wrongdoing.
Charges against four have since been dropped, leaving the two enlisted men facing homicide charges and two officers facing charges tied to their failure to order a full-scale probe of what happened at Haditha.
-- Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
More Stories
Advertisement
DESERT BUG wrote on Feb 26, 2008 7:44 AM:"Many decisions of the Supreme Court of the United States have affirmed the right of the accused under the Confrontation Clause to have a face-to-face confrontation with the accuser, and an opportunity to cross-examine the accuser. In the 2004 decision of Crawford v. Washington, the Supreme Court emphasized that the right to confront one's accusers could not be taken away in cases where judges believe that testimonial hearsay evidence is reliable, because such hearsay evidence had not had its reliability tested through the procedural crucible of cross-examination." [Googled from Wikipedia]
Mom of A Marine wrote on Feb 26, 2008 1:05 PM:Well of course, Desert Bug, they have a right to confront their accusers. Didn't happen in the Hamdania case...Of course they don't want to come here and be cross examined. They need to bring Tim McGirk and his sidekick in....they they Haditha guys can confront THEIR accuser who verified none of his information before he went wild with his story. Reporters in Iraq is about as smart as a cross walk on the Indy 500 racetrack. They make our military UNSAFE and it is ridiculous! They are there with their own agenda.
Massachusetts Democrat wrote on Feb 26, 2008 2:22 PM: . . . government witness testimony via videotape . . . no right to cross-examine . . . no right to question . . . guilt presumed . . . who said the East German Stasi went out of business after the wall fell? . . .
E.L. MERCON wrote on Feb 26, 2008 2:30 PM:This entire fiasco is politically motivated by certain parties in the Pentagon and Congress as well as self serving factions of the government of Iraq.
These men were sent to do a mission; they did it, that should be the end of it.
NOBODY SHOULD BE PROSECUTED FOR DOING THEIR JOB.
ONLY POLITICIANS INSIST THAT THEY BE PERSECUTED FOR DOING THEIR JOB.
These politicians and the "political military" in the Pentagon have started something they well may wish they had never engendered. When the dust settles down from these "show trials" American citizens are going to want to know WHO WAS IT that called for these "show trials" and WHY THEY DID IT.
...
E.L.M.
DESERT BUG wrote on Feb 26, 2008 2:35 PM:"These figures are pretty measly when compared with those of Rep. John Murtha, D-Pa., who led the House with nearly $160 million in earmarks..." [from today's NCT editorial page] Hey Murtha, you're corrupt and you've been in trouble before. You're the same guy that's been thowing mud all over brave Marines, such as Frank Wuterich. You need to be examined in court and made to explain your nasty comments. You're a disgrace Murtha!
DESERT BUG wrote on Feb 26, 2008 2:52 PM:Murtha: You're nothing but an Al Queda stooge. You call an act of war, the collateral damage of war "slaughtering in cold blood?" Hey, Osama bin Laden loves you Murtha. Come to Pendleton, admit you were grandstanding and explain yourself in person. Justify your nutty allegations and come clean.
AW4cryinoutloud wrote on Feb 26, 2008 7:12 PM:There's an NCT article from a few months ago titled: "Request for Generals at Next Haditha Hearing Denied". A quote in it reveals one of the best examples of this flawed, archaic, and biased military system of so-called jutice. Quote: "In the military justice system, a defense request for witnesses is first filed with prosecutors. If they reject the request, the defense can appeal to the hearing officer who has the authority to overrule the denial." Excuse me but someone forgot the Constitution and the intent of the Forefathers that the accused be given whatever it takes for his defense. Someone also forgot that jurors have the absolute power, even over the judge. This was done to protect the accused from the government which was known for persecuting and convicting and sentencing and flogging and keelhauling the convicetd. This was the very thing we, as a country, fled. The very thing that we changed. Well, Almost! Jurors have the right to hear all evidence and the power to make their own decisions, unhindered and uninfluenced by any judge. Yet, over decades, these rights have been trampled all to hell and back, to the point that today we have an antiquated military judicial system that continually and without remorse seeks to persecute and destry an accused. The only change this archaic system has made is to halt the practice of flogging, etc. This is NOT Justice. This is downright Persecution. Our troops are denied the RIGHTS guaranteed them under our Constitution. We betray ourselves when we allow our own countrymen to be persecuted in this way.
Mom of A Marine wrote on Feb 26, 2008 10:13 PM:YES...I hope they subpeona MURTHA...he's got some splainin' to do!!
Hello wrote on Feb 27, 2008 10:24 AM:Where's all of our comments from yeterday? You never posted any comments from 2:35 pm until 7:12 pm PST. Were you guys out training at Starbucks? What's up with your screening and posting process lately, or is it censorship?
thanks
[Editor's note: Only a few comments were submitted to this story during that specified time. Some were not posted due to their libelous nature and others were postponed so an editor can check facts asserted. If you have any other questions, please submit them to blogeditor@nctimes.com.]
Steve wrote on Feb 27, 2008 10:57 AM:Between Murtha and Time Magazine, they should be held liable in a civil suit for defamation of character...It will be interesting to see the outcome of this one...
DESERT BUG wrote on Feb 27, 2008 11:26 AM:Looks like one of my blogs from yesterday was dumped by a blog ed. Oh well. My point was and is: Tigmother has been making a big deal from the fact that military juries have convicted in some of the P8 cases. Well, SO WHAT? I've served on enough juries to know that juries, military or otherwise, can only deal with what they are given. The military juries in these cases were only agreeing that the facts given them were correct. Well, excuse me, but WE KNOW THAT the FACTS were NOT in dispute. What was not adequately dealt with was the obvious: THE CIRCUMSTANCES, THE EXIGENCIES OF COMBAT, EXPERT TESTIMONY ON COMBAT FATIGUE AND UNDUE COMMAND INFLUENCE among many, many factors. Now as to the "facts" in Frank Wuterich's case, he has stated those completely. Again, that's not what is in play here. In the name of JUSTICE, let him go and pardon those who have been so WRONGLY convicted. I can only hope that for Larry Hutchins and all the others that somewhere along the appeals trail or the pardon process, FAIRNESS will FINALLY prevail. In the meantime, don't forget to deluge the White House and the politicians with your demands for a redress of these terrible wrongs.
DESERT BUG wrote on Feb 27, 2008 11:30 AM:I must add perhaps the most important request. I am sure that for most people who understand the ghastly injustice being done to some great Marines, they've already done this. Remember them, please, in your prayers.
AW4cryinoutloud wrote on Feb 27, 2008 6:02 PM:With all due respect to [Editor's] reply to "HELLO", I bet this won't get posted. Since when have you cared about libel? When someone used my blog name to misrepresent my views and I asked that something be done about it I was told it was impossible. Now, all of a sudden, not only are you concerned with liability, you're concerned with checking the facts asserted? For months I've been giving "facts". My blog wasn't printed yesterday either. I waited for hours and had to re-do. I presented "facts", I presented quotes, which are fact and can be verified. I'd like to know just how you ascertain the "facts"? The Prosecutor in the hearings and courts-martial of the P8 couldn't do it. The prosecutor in these hearings can't do it. The Judges can't do it. Heck! The news media hasn't been able to do it for over 2 years. So, please share the source of your vast knowledge of the "facts" with those of us who "know first hand" most of the "facts". I was under the impression our opinions are our own and were not policed. THIS is MY opinion and that is a "fact". Will it pass muster and be printed or is freedom of speech not worth the effort to protect? AW4.
AW4cryinoutloud wrote on Feb 27, 2008 7:06 PM:To NCT Editor: At least freedom of speech is worth effort to you. Thanks. AW4.
Mom of A Marine wrote on Feb 27, 2008 10:46 PM:I've been censored a few times, also. What I want to know, regarding this article, WHO is doing the translating of these "witness" accounts?? Does the DEFENSE get to pick THEIR own translator. These "witnesses" have been coached for years now anyway......Phhsshhh! More BS. As I said before...they don't want to be face those that they accuse, or their lawyers for cross-examination. Gee, wonder why??? I don't.
Steve wrote on Feb 28, 2008 5:06 AM:I get concerned about this whole positive identification thing. I was watching several videos of air support being called in, and when that happened, everything was destroyed as it should. But listen to this. How is it possible to positively identify someone from 20,000 feet in the air? How is it possible to identify civilians? It is not. So does that mean that someone is going through the killing field after a bombing raid and picking out who were civilians and who were combatants? Of course not. But they will for our Marine infantry. The infantry apparently falls under a seperate set of rules. These are Marines not police officers. We are trained to be the most feared fighting force in the world. It seems now we are the most scrutinized. The enemy is using our own government to destroy the moral of Marine infantrymen. Causing us now to second guess. In basic training we are trained to make split second decisions, because if you hesitate you might get killed. Ssgt Wuterich made that decision, cleared the houses where they were receiving fire. There were civilian casualties. There are always civilian casualties. He was clearing a threat to save his Marines, and accomplished that mission. What makes it different for our Govt. to order the bombing of intentional civilian targets (Nagasaki,Hiroshima) and not be held accountable for murder, but a Marine infantryman doing his job to be charged. The civilians in those houses knew what these insurgents were doing, and they put themselves in harms way for doing so. As harsh as the reality may be, that is a consequence of war.
Huw wrote on Mar 17, 2008 5:04 PM:All he has done is emulate on a small scale what the CIC did on a big one.
An attack happened.
Immediate response was to kill the easiest targets.Subsequent response was to go into a place pretending it was a threat and murdering more innocent civilians.
Oh and lying about it, look you in the eyes and lie like its the most natural thing in the world to him.
First name only. Comments including last names, contact addresses, e-mail addresses or phone numbers will be deleted. Attempts to misrepresent your identity or impersonate any person will not be approved. All comments are screened before they appear online, so please keep them brief. Comments reflect the views of those commenting and not necessarily those of the North County Times or its staff writers. Click here to view additional comment policies.
Today's Stories
Advertisement



