08/13/2007
Charge against Wuterich may be dropped
By: Adam Wittenberg,Record-Journal staff
The dismissal of charges against one of the Marines accused in the deaths of 24 Iraqis in Haditha could directly aid Staff Sgt. Frank D. Wuterich, a Meriden native who is also charged.
Lt. Gen. James Mattis dismissed three unpremeditated murder charges Thursday against Lance Cpl. Justin L. Sharratt, who along with Wuterich cleared one of three houses after a roadside bomb killed a member of the Marines' patrol.
Wuterich is charged with killing a fourth occupant of the house, but one of his attorneys said the charge could be dropped before Wuterich's pretrial hearing, which is now set to start Aug. 27.
"(Mattis') decision was that the events that occurred in house four were a legitimate use of force," said Mark S. Zaid, who represents Wuterich. "Some of the events are identical to the Sharratt case. We're waiting to see whether the charge will be dismissed before Frank's Article 32 hearing."
Wuterich, who graduated from Platt High School in 1998, faces a total of 18 murder counts.
He was the squad leader on Nov. 19, 2005, the day of the attacks, and is accused of telling his men to "shoot first and ask questions later" as they entered one of the houses.
Marines killed five women and six children during the raids, which caused an international outcry when news of the deaths and a potential cover-up became public the following spring.
Four officers and four enlisted men were charged, although prosecutors have granted immunity to one enlisted man to allow him to testify against his peers if their cases go to a court martial, or military trial.
So far, Sharratt and Capt. Randy Stone have been exonerated, and only one officer, Lt. Col. Jeffrey Chessani, has been recommended for a court martial for failing to investigate the deaths.
The Marines had initially reported that 15 Iraqis died in a roadside bomb blast. Wuterich faces one count of making a false statement and two counts of asking one of his men to lie about the incident.
Wuterich and his attorneys are awaiting the recommendation of hearing officer Lt. Col. Paul Ware on whether to court martial Lance Cpl. Stephen B. Tatum. Tatum and Wuterich face the most serious charges for clearing two houses where the women and children were killed.
Prosecutors have alleged the men violated military rules that required them to positively identify their targets as hostile before using force.
Ware's recommendation, which Zaid said could come before Wuterich's hearing begins, will go to Mattis, who approved the exoneration of Sharratt and went even easier on Stone than Ware had advised.
Zaid said the evidence presented in the pretrial hearings is encouraging.
"It certainly reflects that the Marines are being given an exhaustive, detailed look at the evidence," he said, "and it is so far falling short."
Zaid said he's trying not to focus on the large-scale implications of the case, which has received extensive publicity.
"There's certainly concerns that's what drove the process in the first place," Zaid said of the media attention. "So far, those concerns don't appear to be impacting how things are going now."
As for Wuterich, who is living in Southern California with his wife and three daughters, Zaid said he's doing well. "He remains very optimistic and is very pleased to see his colleagues are having their charges dismissed," Zaid said.
Wuterich's parents, David and Rosemarie, who live on Meriden's west side, could not be reached for comment.
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