MILITARY: Court orders review of '60 Minutes' Haditha outtakes
Media outlet says it will appeal ruling; won't give up unaired material
By MARK WALKER - Staff Writer | ∞
Staff Sgt. Frank Wuterich (File Photo by Bill Wechter - Staff Photographer) A military judge has been ordered to determine if prosecutors can view unaired portions of a television interview with Staff Sgt. Frank Wuterich, a Camp Pendleton squad leader charged with manslaughter in the slaying of 24 Iraqi civilians.
The directive from the Navy-Marine Corps Court of Appeals in Washington comes after the judge sided with CBS attorneys in February and quashed a government subpoena for the potentially damaging outtakes.
The interview was broadcast on "60 Minutes" in March 2007. Wuterich's attorneys said they agreed to the session to "humanize" their client who had been portrayed in some reports as leading his men in a wanton rampage following a roadside bombing.
The ruling handed down Friday directs the judge, Lt. Col. Jeffrey Meeks, to review the outtakes in private to "develop the factual and legal basis for any CBS refusal to comply with the federal subpoena."
It also requires that he determine whether "any asserted newsgathering privilege applies to limit or preclude disclosure of necessary evidentiary audio-video material in this case."
Sandra Genelius, a "60 Minutes" spokeswoman in New York, said CBS attorneys plan to appeal the ruling.
When he argued for the unaired material, the prosecutor, Capt. Nicholas Gannon, said Wuterich "apparently admits in an unaired segment that he did in fact order his men to 'shoot first and ask questions later.' "
Wuterich is charged with nine counts of voluntary manslaughter and related offenses for slayings that took place in Haditha, Iraq, on Nov. 19, 2005.
Scott Silliman, a Duke University law professor and director of the Center on Law Ethics and National Security, said the ruling does not mean the prosecution will ever see the unaired material of the interview broadcast in March 2007.
"It's an interim ruling that says the judge should at least review it to decide if any is relevant and should be allowed," Silliman said during a telephone interview.
When they argued against the subpoena, the network's attorneys said the government was in effect trying to gain access to its reporter's notes. Federal courts generally deny prosecutor's efforts to obtain notes and unbroadcast material if they find the material can be obtained by traditional investigative measures.
Wuterich's attorney Neal Puckett said defense attorneys not directly associated with the case also may join in an appeal. The attorneys are worried that a precedent allowing a judge to see material that would not routinely be available could set a dangerous precedent in military law, Puckett said.
Wuterich's court-martial was supposed to start in June, but has been delayed indefinitely by the "60 Minutes" issue. The Connecticut native remains on duty at Camp Pendleton pending resolution of his case.
Charges against seven other Marines originally accused of crimes at Haditha have been withdrawn, dismissed or resolved by a jury's not-guilty finding.
In the most recently decided case, a judge last week dismissed dereliction of duty charges against the man in charge at Haditha in 2005, Lt. Col. Jeffrey Chessani.
The former head of the 3rd Battalion, 1st Marine Regiment, Chessani was accused of criminally failing to order an investigation into the civilian deaths. Prosecutors have since filed a notice that they intend to appeal the judge's finding that unlawful command influence tainted the government's case beyond repair.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
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AWcryinoutloud wrote on Jun 25, 2008 4:33 PM:Judge Meeks? That was Sgt. Hutchin's military judge. One more sacrificial lamb comin' up!
DESERT BUG wrote on Jun 25, 2008 5:41 PM:I hope Meeks is challenged for cause and disqualified. He is biased in favor or the prosecution, as his record amply demonstrates. Meeks allowed evidence into the Hutchin's trial that should have been held to be inadmissable and he permitted inflamatory arguments. He will not recuse himself of course, so let's hope he's kicked off the case and a judge who is satisfactory to BOTH sides is found so that the good Sergeant Wuterich can have at least the semblance of a fair trial. This should never have gone to trial in the first place, just as Larry Hutchins should never have been prosecuted (persecuted). More later.
WHAT wrote on Jun 25, 2008 6:12 PM:Does this not SCREAM of "UNDUE COMMAND INFLUENCE?" How is a Court of Appeal getting into ordering a judge when the courts martial has not even begun. This is absolute bull. The prosecution has the burden of proof based on the evidence that THEY have managed to gather. In this case it is...NOT MUCH! A court of APPEALS is not involved in a case until it is over and there is a need for APPEAL!! The judge on this case MADE HIS DECISION and is now being influenced to see something that is NOT in evidence. There is a huge danger here in forcing a judge to see "assumed evidence" that probably will not be admitted, never seen by the prosecution, or jury...That has the potential to bias the judge (either way). The case is supposed to be judged on EVIDENCE PRESENTED by the prosecution and defense. Not by something that Washington is ordering a judge to see prior to a court martial. WOW!! All I can say is "what the hell!!!"
Mom of two Marines wrote on Jun 25, 2008 11:09 PM:Please people after what happened to the pendleton 8 do you really expect justice, especially from Meeks.
Chris wrote on Jun 26, 2008 12:03 PM:Oh, more crying for the Marines who killed, admitted by Wuterrich. But who cares. The Iraqis just don't matter. Cry, cry cry. I just wonder how all those people who are crying would feel if someone invaded us and a squad came in and killed their spouses and children. But hey, who cares. We are Americans and what we do is ordained by god. To bad if Iraqis have to pay the price for our arrogance.
To Chris wrote on Jun 26, 2008 1:21 PM:It's unfortunate that you are too arrogant in your own thinking that you know for a fact that these people were killed in cold blood. To answer your question about how I would feel if we were invaded, it's simple. I would like to think that I would have never allowed my government to have the ability as a matter of policy to snatch women off the streets, rape them, torture them and then kill them. I would never have allowed my government to control every aspect of my life that I would fear talking to my neighbors about my disagreement with the government. Life in Iraq is not perfect. And it probably won't be perfect any time soon. What you fail to understand is that we don't know exactly what happened. Condemning someone guilty before hearing all the facts is something that Saddam Hussein did on a regular basis. I would suggest you withhold your opinions until all the facts are revealed.
AWcryinoutloud wrote on Jun 26, 2008 1:28 PM:To Chris: Thank goodness we don't have to actually "listen" to your pathetic whining concern for the enemy. I truly don't understand why you remain here in America. You are "here", right?
To Chris wrote on Jun 26, 2008 1:40 PM:Point well taken. Revenge at the pump when we fill our gas tanks? Think about that! For every action there is a reaction-so do not think invading another country is without consequences. Colin Powell warned against invasion-he was a militay man and knew the consequences. Bush and Rumsfeld and his cronies, as I see it, saw an opportunity to make big money on the war and use this as an excuse-no second opinions here. Note Colin Powell fell out of favor for not going along with the oil crowd. Ditto for Peter Pace when he did not tow the party line. All the gung ho- macho chest beaters are perhaps too close to the problem to see the problem, military men have no political opinion-just obey, but I could be wrong. I love his tatoos-so professional for hired a hessian mercenary-but again in my view tatoos are for jail inmates or low lifes, then again what do I know- no disrespect implied to the young man-they all have tatoos! God Bless America and freedom of opinion.
DESERT BUG wrote on Jun 26, 2008 2:19 PM:Nothing new with Chris, just his usual adolescent drivel. But "to Chris" posted 6-26-08 at 1:40 PM hits a new low. Sergeant Wuterich has some tatoos and this individual takes a shot by saying "in my view tatoos are for jail inmates or low lifes.." but then he ducks for cover and says he means no disrespect. "Contempt" is shown by those remarks as well as disprespect. Just when I think that we've seen the worst of the Marine haters, one even more nasty pops up. Then this individual mixes his anti war opinions with the case of Sergeant Wuterich. Whoever you are, our men and women who have died for their country in combat did not die in vain. Cowards and slackers didn't make this country what it is, the courageous and the brave did. Whatever your view is of foreign policy and Bush, has nothing to do with the Marines who have been persecuted. I'd like to see this person, whoever he is, tell Sergeant Wuterich to his face that he is a "low life." Well, Sergeant Wuterich is a hero in my book, period. As for the "60 Minutes" problem, I watched that piece and Scott Pelley scowled and was accusatory and acted like he was a prosecutor in interviewing Sergeant Wuterich. If Sergeant Wuterich said anything incriminating it's only because Pelley put words in his mouth. This is all just more of the roadshow put on by those who are using Marines to cover their own you-know-what. Pathetic.
To Desert Bug wrote on Jun 26, 2008 3:47 PM:Although he is not on trial for his tattoos the Marines take a dim view of Half-sleeve or quarter sleeve tattoos that are visible to the eye when wearing standard PT Gear (T-shirt and shorts)visible below the elbow or knee. As one of the posters said his tatoos send a negative message. I also do not read into the "To Chris post at 1340" any Marine Corps bashing and there is no mention of the term Marine, or the Marine Corps as being bad..
DESERT BUG wrote on Jun 26, 2008 4:42 PM:Chris post at 12:03 PM 6-26:"Oh, more crying for the Marines who killed, admitted by Wuterrich." "Point well taken" is the response by "To Chris." Now if that isn't "Marine Corps bashing." then what is it? And what the H does this business about tattoos have to do with the guilt or innocence of Sgt Wuterich?? The tattoo "sends a negative message." TO WHOM? The poster at 3:47 PM agrees with Chris's juvenile baloney about the USMC. You two are birds of a feather and deserve each other.
Just Great wrote on Jun 26, 2008 4:53 PM:Who would have guessed comments in a paper devoted to the local ultra-conservative audience would not condone what our Govt. or soldiers do? Remember there are bad soldiers and bad cops. Keep your minds open and quit drinking the kool aid.
let him wrote on Jun 26, 2008 5:01 PM:go free
AWcryinoutloud wrote on Jun 26, 2008 6:13 PM:Deresert Bug....Amen! I also saw the interview and was disgusted with Scott Pelley. He didn't even ask Wuterich; he was rude when he "stated" that Wuterich killed innocent people; never once giving the kid the benefit of the doubt. Then he "asked" Wuterich, in an accusatory tone, if he was remmorseful. Wuterich is not wise to the way the media twists words and he stated that of course he was remorseful that people died. He did NOT confess to murdering anyone. This was during an ongoing investigation when NO one knew the specifics. My God! People like Chris are out there salivating and waiting for these Marines to be crucfifed. If anything, I should think people would say, Hey, here's a Marine trained to kill the enemy yet he's remorseful that he had to do it to survive and to protect his men. Chris and his like must be great for the Pepto Bismol industry. Goodness knows I keep it at hand when I read his propaganda BS.AW4.
To Desert Bug wrote on Jun 26, 2008 8:34 PM:Who cares about tatoos-apparently the Marine Corps does as it sends a negative message! Read on---
Concerns over excessive tattooing, specifically sleeve tattoos, was raised by the August 2006 Sergeants Major Symposium. Marines' appearances are a direct reflection of the Marine Corps and it is felt excessive tattoos are not in line with the traditional values of the Marine Corps.
I believe... wrote on Jun 27, 2008 4:26 PM:Wuterich had his tattoos BEFORE the Marine Corps changed their policy on this, as have many Marines. This case is not about tattoos! It makes no difference. Some of you people need to get a little clue! I don't believe his charged sheet said anything about being charged with "having tattoos." Man...the stuff some people focus on....
back to the matter at hand wrote on Jun 27, 2008 7:13 PM:If the Prosecution had a case, they wouldn't need Wuterich's supposed admission, and they would want to run to trial asap to put closure in whatever way possible for the sake of justice and the Corps. One could conclude that is is more likely that the hard evidence -- eyewitness testimony, forensics, audio/video records and subsequent interviews -- all support Wuterich's account. There can be no other accounting for this need for precedent-setting access to media outtakes. The Marine Corps has handled this and the other court cases abysmally. Hopefully they will give up rather than try to get better at it by putting more honorable young men on trial during wartime.
Pamela wrote on Jul 3, 2008 8:06 AM:For crying out loud. LEAVE THESE HEROES ALONE!!!! Staff Sgt.Wuterich, I back you 100%. I am so sorry that you guys have been the center of attention for a lot of useless politicians and Time Magazine.
Chris, Chris, Chris, I am so sorry you are such an unhappy person!
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