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Marine charged in killing of iraqi civilians { December 21 2006 } Original Source Link: (May no longer be active)
http://www.latimes.com/news/nationworld/nation/la-ex-haditha21dec22,0,4718864.story?coll=la-home-headlineshttp://www.latimes.com/news/nationworld/nation/la-ex-haditha21dec22,0,4718864.story?coll=la-home-headlines
Marine charged in killings of Iraqi civilians
By Richard Marosi And Tony Perry
Times Staff Writers
December 21, 2006
CAMP PENDLETON — A Marine Corps staff sergeant has been charged with 13 counts of murder in connection with the deaths of two dozen civilians in Haditha, Iraq, his lawyer told the Associated Press today.
Staff Sgt. Frank D. Wuterich was the leader of a squad of Marines that apparently went on a rampage on Nov. 19, 2005. Other Marines are expected to be charged when the official announcement comes later today.
The Marines, who belonged to Kilo Company of the 3rd Battalion, 1st Marines Regiment, have been under investigation since March.
Wuterich was charged with 12 counts of murdering individuals and one count of murdering six people by ordering the Marines under his command to "shoot first and ask questions later" when they entered a house, according to information released by his attorney Neal Puckett.
"Staff Sgt. Wuterich is not guilty in these charges and acted lawfully," Puckett told the Associated Press.
It is alleged that the Marines went on an attack after a roadside bomb exploded beneath one of their vehicles, killing a Marine and injuring two others.
Five Iraqis were killed and 19 others lay dead in several houses that were stormed by the Marines. The victims included several women, six children and an elderly man in a wheelchair.
The Haditha case represents the most serious case of alleged abuse by Marines committed in Iraq or Afghanistan.
The Marine Corps initially dismissed the deaths as merely the unfortunate result of a firefight between insurgents and U.S. forces. Only after a Time magazine investigation suggested that the Marine account was false did the military begin its own probe.
The criminal investigation, largely by the Naval Criminal Investigative Service, led to the charges to be announced today.
A separate investigation by an Army general determined that Marine officers missed signals that the deaths were not from a firefight. But that investigation stopped short of suggesting a coverup.
After the Time magazine story, then-Marine Commandant Gen. Michael Hagee went to Iraq to talk to Marines about the need to use restraint and show respect for civilians and their property.
In an email to The Times this week, Lt. Gen. James N. Mattis, the convening authority in the case, said that "allegations of what took place in Haditha are not representative of the magnificent conduct our Marines demonstrate daily in a complex and challenging combat environment."
He said that young Marines in Iraq need to "keep their ethical balance under morally bruising conditions" where enemy fighters often hide behind women and children.
He said that Marines show daily restraint "to preserve the lives of those they are sent to protect and defend; often incurring risk to themselves as they strive to protect the non-combatants on the battlefield."
Under the military system of justice, Mattis will play a key role in the case.
After a preliminary hearing, called an Article 32, he will decide whether the case is strong enough for court-martial. If there is a conviction by jury or judge, he can overturn it. And he is the final arbiter of any plea agreements.
In another case, in Hamandiya where seven Marines and a Navy corpsman were accused of dragging an Iraqi from his home and murdering him, Mattis permitted plea bargains to lesser charges for the four most inexperienced Marines.
He also turned down a judge's recommendation that, after their time in the brig, each be given an dishonorable discharge.
The Haditha case may hinge on the rules of engagement given to frontline Marines by their superiors.
Marines receive lectures about the laws of war and the need to protect non-combatants before they leave the United States and also soon after they arrive in Iraq. Refresher courses, so-called "re-set" lectures, are given periodically.
Even as the Haditha charges were being announced, Marines were being lectured at Camp Fallouja about the laws of war and the rules of engagement.
The latter are classified rules that tell Marines when it is appropriate to use deadly force -- including how much verification is needed before it can be determined whether a threat justifies the use of deadly force.
Defense attorneys have long asserted that the Marines were only following the rules given to them by their superiors. But given the secret nature of such rules, prosecutors in other cases have fought attempts to discuss them in open court.
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