Neal A. Puckett, Esq.
The Law Firm Of Puckett And Faraj, PC
1800 Diagonal Road, Suite 210
Alexandria, VA 22314

United American Patriots Inc.
7800 Airport Center Drive, Suite 401
Greensboro, NC 27409

January 29, 2012

Re: Final Monthly case report in the matter of U.S. v. SSgt Frank D. Wuterich, USMC

Dear United American Patriots:

1. Case number and client’s full name: FDW-3221 Frank D. Wuterich

2. Date of this report: 1/30/2012

3. Date of last report: 12/27/2011

4. Current status for the case being reported on: Case complete.

5. All activities since last monthly report: Nearly four weeks of trial brought the prosecution to its knees. Prosecution witnesses admitted to so many lies that there was nothing left to believe. Recognizing failure, the lead prosecutor offered SSgt Wuterich a pretrial agreement that had been authorized by the Deputy Staff Judge Advocate for MARCENT. This case began with 18 counts of murder on a charge sheet announced just before Christmas in 2006. It ended with a plea to one count of negligent dereliction of duty. The maximum punishment authorized for that offense was 3 months in confinement, forfeiture of 2/3 of base pay per month for 3 months and reduction to pay grade E-1. The offense does not authorize punitive discharge. The military judge sentenced SSgt Wuterich to the maximum 3 months in confinement and reduction to pay grade E-1. The pretrial agreement provided that the convening authority would disapprove all confinement. We believe he will also defer approval of the reduction in rank until he takes final action on the case. We will be asking him to disapprove that punishment, as well.

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Plea Ends Haditha War Crimes Trial

Press Release, Aexandria VA January 23, 2012/12:45PM:

“No one denies that the consequences of November 19, 2005 were tragic, least of all SSgt Frank Wuterich. But the fact of the matter is that he has now been totally exonerated of the homicide charges brought against him by the government and the media. For six years, he’s had his name dragged through the mud. Today, we hope, is the beginning of his redemption. He has always publicly taken responsibility for the lawful actions of his squad that day, as portrayed in his interview with CBS 60 Minutes. Today’s agreement is completely consistent with everything he has always said. Which is that the decisions he made that day led to an outcome that was tragic and regrettable and he takes responsibility for them, but they were not criminal.” [Read more... ]

Marine Staff Sgt. Frank Wuterich agreed to plead guilty Monday to one count of negligent dereliction of duty, ending his trial on manslaughter and related charges for his role in the deaths of 24 Iraqi civilians in 2005.

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Judge David Jones ruled for Defense by dismissing some of the charges SSgt Frank Wuterich faces in his general court-martial. Three counts of reckless endangerment by firing a weapon where civilian deaths occurred have been dropped.

The judge also dismissed a charge of obstruction of justice alleging that SSgt Wuterich encouraged one of his Marines to lie to investigators. Since the case began in 2006, the law has changed regarding how certain charges must be alleged on a charge sheet and the government failed to properly plead those charges.

http://www.puckettfaraj.com/2012/01/wuterich-defense-team-gets-4-more-charges-dismissed/

Crossposted from Defend Our Marines

“Hutchins Motion”in the SSgt Wuterich Case

by Nathaniel R. Helms | August 28, 2010

Read the Loss of Counsel, Hutchins Motion (pdf).

The government’s case against the last Marine standing in the so-called “Haditha Massacre” debacle may run aground on the rocks and shoals of Marine Corps legal precedence, said his leading civilian attorney.

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Sadly, we just heard that Staff Sergeant Frank Wuterich, U.S. Marine Corps will face a General Courts-Martial.

The trial of Staff Sgt Frank Wuterich will go ahead after a military judge in California refused to dismiss the charges.

Sgt Wuterich is one of eight marines originally charged with murder or failure to investigate the killings. The charges against six of them were dropped or dismissed, and one was acquitted.

Lawyers for Sgt Wuterich had argued that his case should be dismissed. They said that an investigator into the incident was involved in meetings with the general who brought the initial charges against the soldiers.

But the judge ruled that there was no unlawful influence and no record of any “meaningful comment” between the general and an aide who had investigated the case as a military lawyer.

It means Sgt Wuterich faces a trial on charges of voluntary manslaughter and other crimes connected to the attack in Haditha. The deaths occurred after a marine was killed by a roadside bomb. Sgt Wuterich and a squad member were accused of shooting five men by a car at the scene. Investigators say he then ordered his men to clear several houses with grenades and gunfire. At an earlier hearing, Sgt Wuterich said he regretted the loss of civilian lives but believed he was operating within military combat rules when he ordered his men to attack.