Haditha probe said to support criminal charges against more Camp Pendleton Marines

By: Staff and wire reports | Wednesday, August 2, 2006 1:30 PM PDT ∞

Neal A. Puckett and Mark S. Zaid, lawyers for Marine Corps Sgt. Frank D. Wuterich, speak to the reporters outside the federal Courthouse in Washington, Wednesday, Aug. 2, 2006.
AP Photo
Visit our Photo Gallery

Pendleton Marine accuses lawmaker of defamation in Haditha case
By KIMBERLY HEFLING - Associated press Writer
WASHINGTON (AP) -- A Marine Corps sergeant from Camp Pendleton, Calif., under investigation in connection with the deaths of 24 Iraqi civilians in Haditha is accusing Rep. John P. Murtha of defaming him in public comments about the case.
Lawyers for Frank D. Wuterich, 26, argue in a suit filed Wednesday in federal court that Murtha falsely accused Wuterich "of cold-blooded murder and war crimes" -- although they acknowledged during a news conference that Murtha named Wuterich's squad, but not Wuterich personally, when speaking with reporters.
Murtha, D-Pa., issued a statement Wednesday saying he doesn't blame Wuterich for "lashing out."
"When I spoke up about Haditha, my intention was to draw attention to the horrendous pressure put on our troops in Iraq and to the cover-up of the incident," said Murtha, a 16-term congressman who was campaigning for re-election Wednesday in his hometown of Johnstown, Pa.
The suit maintains that Pentagon officials "who have briefed or leaked information to Mr. Murtha deliberately provided him with inaccurate and false information" and that the congressman subsequently "has made repeated statements .... that are defamatory" to Wuterich and his fellow Marines.
The suit accuses Murtha of spreading "false and malicious lies" about Wuterich and his squad that were "intended to serve his own private purpose and interests" and that Murtha's comments "have been reproduced by countless third parties throughout the world."
It says many of Murtha's remarks were made outside his "scope of employment as a congressman." Murtha, a former Marine and decorated Vietnam War veteran, has been a leading proponent of withdrawing U.S. forces from Iraq.
The claim for libel and invasion of privacy seeks damages to be determined, but not less than $75,000.
Mark Zaid, an attorney for Wuterich said during a news conference that the suit was not about money or politics.
"This case ... is about truth, honor and accountability and Congressman Murtha, who we believe has acted out of his scope as a congressman," Zaid said.
The suit details Wuterich's account of what happened on Nov. 19, 2005, in Haditha, a story he has told through his lawyers previously.
Wuterich maintains several civilians were killed when his squad pursued insurgents firing at them from inside a house after a roadside bombing that killed one Marine. He describes a house-to-house hunt that went wrong in the midst of a confusing battlefield, but has denied through his attorneys any vengeful massacre.
Wuterich and other Marines from his 3rd battalion, 1st Marine Regiment, at Camp Pendleton, are under investigation.
No one has been charged in the case.
A Pentagon official told The Associated Press Wednesday that evidence collected on the 24 Iraqi deaths in Haditha supports accusations that Marines deliberately shot the civilians, including unarmed women and children.

A Marine Corps official was refusing comment this morning on a report that evidence collected on the deaths of 24 Iraqis in Haditha last November supports accusations that members of a Camp Pendleton unit deliberately shot the civilians, including unarmed women and children.




Special Report



Agents of the Naval Criminal Investigative Service have completed their initial work on the incident last November, but may be asked to probe further as Marine Corps and Navy prosecutors review the evidence and determine whether to recommend criminal charges, according to two Pentagon officials who discussed the matter with an Associated Press reporter on condition of anonymity.

The decision on whether to press criminal charges ultimately will be made by the commander of the accused Marines' parent unit, the 1st Marine Expeditionary Force at Camp Pendleton. That currently is Lt. Gen. John Sattler, but he is scheduled to move to a Pentagon assignment soon; his successor will be Lt. Gen. James Mattis.

Lt. Col. Sean Gibson, a Marine Corps' spokesman on the Haditha and an unrelated case involving a different group of Pendleton Marines, said he would not comment on the report.

"I am not going to discuss an ongoing investigation," Gibson said from his office at Camp Pendleton.

The Haditha case involves a dozen or more members of the 3rd Battalion, 1st Marine Regiment and is one of several involving alleged unjustified killings of Iraqi civilians that have emerged this year, damaging the military's reputation for humane treatment of civilians and triggering calls by some Iraqi leaders to end the arrangement under which U.S. troops are immune from prosecution by Iraqi authorities.

The Marines initially reported after the Nov. 19, 2005 killings at Haditha that 15 Iraqi civilians had been killed by a makeshift roadside bomb and in crossfire between Marines and insurgent attackers. Based on accounts from survivors and human rights groups, Time magazine first reported in March that the killings were deliberate acts by the Marines.

A criminal investigation was then ordered by the top Marine commander in Iraq, Maj. Gen. Richard Zilmer.

A parallel investigation is examining whether officers in the Marines' chain of command tried to cover up the events. The probe, which has not been made public, faults some officers for failing to pursue obvious discrepancies in the initial reports about what happened in Haditha and for not launching an early investigation.

Public attention on the Haditha case grew after Rep. John Murtha, D-Pa., a former Marine, asserted publicly on May 17 that he had learned from Marine Corps officials that innocent Iraqis had been killed "in cold blood."

Lawyers for Staff Sgt. Frank D. Wuterich, one of the Marines under investigation, argue in a lawsuit filed today in federal court that Murtha falsely accused Wuterich of murder and war crimes. The suit maintains that Pentagon officials "who have briefed or leaked information to Mr. Murtha deliberately provided him with inaccurate and false information" and that the congressman subsequently "has made repeated statements .... that are defamatory" to Wuterich and his fellow Marines.
Download The Document



Murtha's office issued a written statement this morning defending his comments.

"I don't blame the staff sergeant for lashing out. When I spoke up about Haditha, my intention was to draw attention to the horrendous pressure put on our troops in Iraq and to the cover-up of the incident," it read. "Our troops are caught in the middle of a tragic dilemma. The military trains them to fight a conventional war and use overwhelming force to protect U.S. lives. I agree with that policy, but when we use force, we often kill civilians. What are the consequences."

The other major case pending at Camp Pendleton are charges that seven Marines and a Navy corpsman from the 3rd Battalion, 5th Marine Regiment conspired to kidnap and kill an Iraqi civilian in Hamdania on April 26. Hearings to determine of those charges will stand are set to begin next month.

The troops in that case have been in the base bring since May 24. No one is in custody in the Haditha case.

A timeline of events surrounding the alleged massacre at Haditha, Iraq, based on a June 1 White House account and other details compiled by The Associated Press:

Nov. 19: A roadside bomb goes off at Haditha, killing a U.S. Marine from Camp Pendleton, Calif., and injuring two other members of his battalion. In the following hours, a number of Iraqis die. Subsequent press reports say the Iraqi death toll was 24. The military sends a team to investigate and document the scene.

Nov. 20: The Marines release a preliminary report saying 15 Iraqis had been killed by an IED, or improvised explosive device.

Feb. 14: Army Lt. Gen. Peter Chiarelli, commander of Multi-National Corps in Iraq, appoints an Army colonel to lead an investigation into the case.

March 10: Defense Secretary Donald H. Rumsfeld and Gen. Peter Pace, chairman of the Joint Chiefs of Staff, are notified of the case.

March 11: President Bush is told of the case for the first time by National Security Adviser Stephen Hadley.

March 12: Marine Maj. Gen. Richard C. Zilmer, commanding general of the Multinational Force-West, appoints a Marine colonel to investigate reporting of information at all levels of the chain of command. Zilmer also requests a Naval Criminal Investigative Service inquiry.

June 5: An attorney representing a Navy corpsman being held in the Camp Pendleton brig in connection with the alleged killing issues a written statement calling for the news media and public to avoid a rush to judgment. He also announced a Web site defense fund has been established for his client.
View A Video

June 7: Gen. Michael Hagee, the Marine commandant, says any Marine found to have violated standards of behavior will be held accountable.

June 10: The lawyer for a sergeant who led a squad of Marines during the incident says the unit followed military rules of engagement, did not intentionally target any civilians and did not try to cover up what it had done.

June 21: Seven Marines and a Navy corpsman are charged with premeditated murder, kidnapping and conspiracy and related charges.
View A Video


Aug. 2: Pentagon officials say evidence collected in the Haditha probe supports accusations that U.S. Marines deliberately shot the civilians, including unarmed women and children. Marine and Navy prosecutors will review the evidence and determine whether to recommend criminal charges.

Next

More Stories

Ads by Yahoo!

Advertisement

Pre-Registration Comments[-]Go to Top

Jon B. wrote on Aug 2, 2006 11:37 AM:The jarheads are being framed. The illegal aliens are the ones who killed the Iraqis!!!!

publius wrote on Aug 2, 2006 11:47 AM:Only if they're in the chain of command.

phil wrote on Aug 2, 2006 11:49 AM:Only if tey're in the chain of command.

M.O.M. wrote on Aug 2, 2006 12:12 PM:Big frameup just to be PC. Keep it up and the Corps won't have any new recruits.

John, Clearwater, MN wrote on Aug 2, 2006 1:35 PM:I just think the whole thing stinks. How can the Marine Corps say that theres evidence that the marines are guilty when the bodies of the 24 iraqi civilians cant even be exhumed for an autopsy, whos to say insurgent bullets didnt kill them.

nice wrote on Aug 2, 2006 1:50 PM:Wouldn't that be nice if no one would volunteer to be a soldier anymore. They (the government) would have to reinstate the draft and wars of aggression would be history.

I would love to see them bring back the draft too! wrote on Aug 2, 2006 2:42 PM:All we need is Love! Dat Dat Dat Daaa! All we need is Love! Dat Dat Dat Daaa! All we need is Love! Love! All we need is Love! Love Love Love! Love Love Love! You get the idea! No more Peace demonstrations! These Marines did our dirty work of war and now they are paying again! They did their duty! But they are fried by the government!

To Nice wrote on Aug 2, 2006 2:44 PM:I agree. If the draft were reinstated perhaps the general population would demand better accountability in Washington, D.C.

Mary wrote on Aug 2, 2006 2:55 PM:I definitely think the draft should be reinstated and this time women should be included. No more just a guy thing. We also need term limits on senators and congressmen to eliminate the sad old old murtha and kennedy syndrome.

Don wrote on Aug 2, 2006 3:01 PM:Murtha is a disgrace to this country and should be kicked out of office. While at it Kennedy,Durbin,Dean and all of the other anti American crowd can leave too. They make sick listening the cr@p tha spews from thier mouths.

Murtha madness wrote on Aug 2, 2006 3:09 PM:Murtha must be eating an "anti-inflammatory" diet these days. His statement in this article was the polar opposite of months ago. Why are Pentagon officials leaking information to one of the biggest mouths in Congress? Wait, I get it, the government gets to tape and take pictures of peaceful citizens rallying for our troops outside Pendleton, but THEY get to remain anonymous and stand behind a baffoon. Does that seem democratic to you?

Angelique, Big Lake MN wrote on Aug 2, 2006 3:18 PM:I agree with John. I stand proud of our service members. This kind of Politics is total crap.

o2cool1 wrote on Aug 2, 2006 3:40 PM:Initial eye-witness reports, which included Iraqi civlians, had stated several civilians had died from a massive IED and more were killed in a cross fire between Marines and insurgents, that is until Time Magazine reported a different story accusing the Marines of murder which was pounced on by none other than John Murtha who stated the Marines had killed the Iraqi civilians "IN COLD BLOOD". So much for Semper Fi from a former Marine,John Murtha. It seems this case and the case against the Pendleton 8 is being pursued by both the media and Murtha in order to support Murthas view that our military is broken. The only thing broken is Loyalty to those that serve.I for one will be at Camp Pendleton on Saturday to welcome home the remainder of 3/5 as the heroes they are and not the cold blooded killers John Murtha and the press would like us to think they are.

John wrote on Aug 2, 2006 4:25 PM:Geeez! You anti-Murtha writers aren't fit to carry that man's suit case. Seems like you all are only interested in this spreading democracy stint in Iraq in order to kill kill kill. When someone like Congressman Murtha - who is a respected senior congressman, a decorated, combat-tested Marine who has had the confidence and support of senior military officials at the highest levels of the Pentagon for decades - tells me something, I believe he is telling the truth. His agenda is to support the troops and hold those who dishonor their mission of freedom accountable. He recognizes that killing innocent children who were not even born before 9-11, is a disaster for us and shames the flag. As for you yahoo local commentators... quit huffin' your gas.

What if wrote on Aug 2, 2006 4:47 PM:What if they are guilty? And Don you make me sick.

Regarding his moniker wrote on Aug 2, 2006 5:03 PM:Shouldn't it read, o2Bcool?

mark wrote on Aug 2, 2006 6:39 PM:Sorry John, Benedict Murtha has never been anything more than a backbencher in Congress completely without accomplishments of any sort. I've never been able to find out just what it is that made him "combat tested" certainly I have never heard anything that would vaguely make him a war hero. Any Marine who has been to Iraq has seen 10,000 times more action I would be willing to bet. Happily he is in trouble in what would normally be an easy re-election. And by the way I had some qualms about the "Benedict Murtha" tag. Benedict Arnold was a real war hero, when he turned against his country it nearly broke George Washington's heart. Murtha is actually not worthy to lick the boots of Benedict Arnold let alone any of the brave Marines fighting in Iraq today.

mark wrote on Aug 2, 2006 6:40 PM:And oh, "what if", what if they're not!

John wrote on Aug 3, 2006 10:08 AM:Mark- you have zero credibility. Unlike Congressman Murtha, you are an anonymous whiner who will never serve in our Nation's capitaI. A Monday moring quarterback with no influence. You have no credintials, no expertise and no weight to sling around in this forum. Your attack on this respected gentman gives new meaning to the term, "Un-American." I can check Murtha's record for myself. Murtha 1 - Mark 0.

mark wrote on Aug 3, 2006 10:24 PM:Oh, and your right John, I never will serve in our Nations capital. I'll also never turn tricks on Hollywood Blvd even though that would be a large step up from politics as currently practiced in the Nations capital.

jim wrote on Aug 4, 2006 1:07 PM:my guess is that all the above responders who have voiced their oppinions against Murtha are probably all individual who know absolutely nothing about the military service let alone served during conflict. Makes me sick to know that there are individuals in our country who would rather support and go along with the policy of cowards who themselves dodged service (bush/cheney/limbaugh/rove)rather than honor and trust the judgement of those who have experienced war and have a better idea of what it would take to win one.

mark wrote on Aug 4, 2006 8:52 PM:All I know is that "Top Gun" war heroes like Randy "Duke" Cunningham get into congress and become just another sleazy war profiteer. Murtha has a little more integrity, he wouldn't sell out his country in the Ab-scam sting for a measly 50k. He told them to hit the road until they were ready to start talking about serious money. Oh and Jim, when a general breaks wind does it really smell like fresh mountain air? Or do you just pretend?

Don wrote on Aug 8, 2006 3:37 PM:Lets here about Murtha and his brother who have a contracting company in Iraq. You are right about that part Mark but Jim, wake up and see the light will ya ? Your liberal mental disorder is getting to you.

Registered Comments[-]Go to Top

Advertisement

Videos