JURIST - Paper Chase: Haditha Marine commander faces Article 32 hearing

[JURIST] A preliminary hearing began Thursday at Camp Pendleton [official website], California, in proceedings against US Marine Staff Sgt. Frank Wuterich [advocacy website], commander of the platoon implicated in the killing and suspected cover-up of the death of 24 Iraqi civilians at Haditha [USMC timeline; JURIST news archive] in November 2005. Wuterich faces several counts of unpremeditated murder, as well as charges of soliciting another to commit an offense and making a false official statement. During Wuterich's Article 32 hearing [JAG backgrounder], hearing officer Lt. Col. Paul Ware must evaluate whether Wuterich violated prescribed military rules of engagement. If convicted, Wuterich could be sentenced to life imprisonment and dishonorably discharged from the US Marine Corps [official website]. AP has more.

Last week, Ware recommended [JURIST report] that murder charges be dropped against Lance Cpl. Stephen Tatum [advocacy profile] for his role in the Haditha incident. Ware argued there was insufficient evidence to support bringing Tatum to court-martial on charges of unpremeditated murder, negligent homicide and assault [USMC charge list]. A final decision has not yet been issued on whether Tatum will face court-martial.

8/31/07 - According to testimony from the first witness called during Wuterich's Article 32 hearing, Wuterich ordered several Marines to shoot unarmed Iraqis inside homes that were "hostile." Lance Cpl. Humberto Mendoza testified that Haditha killings took place after an attack on US military Humvee when some of the personnel who survived the attack began clearing nearby houses where shots were believed to have been fired. Mendoza said that he was ordered to help clear two homes, but said that there were no shots coming from those homes and that Wuterich told him to shoot whoever answered the door. Mendoza also testified that he never personally witnessed Wuterich shoot any of the 24 Iraqi civilians. San Diego's Union-Tribune has more.

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