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SSgt Wuterich’s Courts-Martial: General Mattis testifies

By Major Bill Donahue, USMC -RET | Thursday, March 25th, 2010

Published on 03/23/10

By Mark Walker

NC Times

Gen. James Mattis, one of the most revered commanders in the Marine Corps, said Monday that he was never improperly influenced when deciding how to prosecute troops charged in the slayings of 24 civilians in Haditha, Iraq.

“I don’t recall a single time that anyone tried to influence me unlawfully,” Mattis testified in a Camp Pendleton courtroom, where the lone remaining Haditha defendant, Staff Sgt. Frank Wuterich, is seeking to have the charges against him dismissed.

Mattis testified for more than 90 minutes. He said he independently reviewed all the investigative reports about the killings, which occurred after a roadside bomb killed one Marine and injured two others.

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Undue Command Influence? Case of SSgt Wuterich

By Major Bill Donahue, USMC -RET | Thursday, March 25th, 2010

Los Angeles Times
March 24, 2010
Pg. AA5

Ruling May End Marine’s Haditha Case
A military judge sees the possibility of undue command influence. A similar finding halted a related trial.
By Tony Perry

SAN DIEGO — The defense for the last Marine facing criminal charges in the fatal shooting of 24 Iraqi civilians in Haditha in 2005 won a key ruling Tuesday that could lead to the dropping of the case.

Lt. Col. David Jones, the judge, ruled that attorneys for Staff Sgt. Frank Wuterich had successfully shown that there was the possibility of what the military calls undue command influence in the decision by a general to send Wuterich to a court martial.

Jones’ ruling requires that prosecutors prove beyond a reasonable doubt that no such influence existed or that, although it may have existed, it did not influence the generals’ decision.

Faced with a similar ruling in the case of another Marine charged in the Haditha killings, prosecutors could not meet the burden of proof to the judge’s satisfaction. After losing an appeal, the Marine Corps dismissed charges against Lt. Col. Jeffrey Chessani.

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Second lawsuit filed against Congressman Murtha

By Major Bill Donahue, USMC -RET | Friday, September 26th, 2008

Exonerated Marine to sue Rep. Murtha
Thursday, September 25, 2008
By Dennis B. Roddy, Pittsburgh Post-Gazette

One of the Marines cleared in the killings of Iraqi civilians in the town of Haditha plans to sue his congressman today for statements he says defamed him and other members of his squad.

Former Marine Lance Cpl. Justin Sharratt, 24, of Canonsburg, will file a civil lawsuit against U.S. Rep. John P. Murtha, D-Johnstown, who was widely quoted two years ago saying that eight Marines carried out a cold-blooded killing of 24 civilians in the Iraqi town on Nov. 19, 2005.

Charges were later dropped against all but one of the Marines, with a military prosecutor calling allegations against Mr. Sharratt “incredible.”

Noah Geary, a Washington County lawyer representing Mr. Sharratt, said his client will file suit today in U.S. District Court in Pittsburgh accusing Mr. Murtha of violating his constitutional rights as well as slander for statements about the Haditha incident. A 1:30 p.m. news conference has been planned to announce the suit.

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The Commanding Generals of the Marine Corps’ Premier Fighting Force Are Preoccupied with Legal Battles Over Haditha

By Major Bill Donahue, USMC -RET | Friday, July 18th, 2008

The Commanding Generals of the Marine Corps’ Premier Fighting Force Are Preoccupied with Legal Battles Over Haditha While Their Marines Fight on Two Fronts

by Nat Helms

Evidence introduced during pre-trial motions in the court-martial of Marine Lt. Col Jeffrey Chessani for his role at Haditha, Iraq revealed that the commanding generals of Marine Corps Forces Central Command are often preoccupied with court fights instead of battlefields while the seemingly endless investigations rumble on.

The information came to light during the motion hearing leading to the dismissal of all charges against Chessani last week. The former commander of 3rd Battalion, 1st Marines was accused of orders violations and dereliction of duty for failing to report the possibility of war crimes at Haditha to higher headquarters.

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CBS files appeal over Hadithah interview

By Major Bill Donahue, USMC -RET | Friday, July 18th, 2008

By Chelsea J. Carter – The Associated Press
Posted : Tuesday Jul 15, 2008 22:20:53 EDT
  
SAN DIEGO — CBS News has appealed a ruling by a military appellate court that ordered a judge to review unaired footage of an interview given by a Marine squad leader charged in the killings of 24 Iraqis.

“We filed a petition for extraordinary relief in the U.S. Court of Appeals for the Armed Forces,” CBS News spokeswoman Sandra Genelius said Monday in an e-mail to The Associated Press.

The petition, filed last Thursday, seeks a review of an appeals court ruling that said a judge must review the footage to determine the legal basis for the television network’s refusal to turn over unaired “60 Minutes” footage of its interview with Staff Sgt. Frank D. Wuterich.

The appeal by CBS also seeks relief from the appellate court’s order that the judge, Marine Lt. Col. Jeffrey Meeks, decide what, if any, newsgathering privilege would prohibit the network from complying with a prosecution subpoena.

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