Last Marine charged in Haditha killings returns to court at Camp Pendleton

The final Marine facing criminal charges in the killing of 24 civilians in Haditha, Iraq, in 2005 returns to a courtroom Monday at Camp Pendleton – in hopes of having the charges dropped.

Lawyers for Staff Sgt. Frank Wuterich will ask a military judge to drop the charges for the same reason that charges were dropped against the battalion commander, Lt. Col. Jeffrey Chessani–the appearance of “undue command influence.”

Chessani’s lawyers argued that it was improper for a lawyer who was part of the investigation into the Nov. 19, 2005, killings to later sit in on meetings with the general who brought charges against eight Marines. An appeals court upheld a trial court ruling favoring Chessani.

Of the eight, only Wuterich, who was the squad leader, still faces charges. Six Marines had charges dropped, a seventh was found not guilty.

Wuterich is charged with manslaughter, aggravated assault, dereliction of duty and obstruction of justice. After a roadside bomb killed a Marine, Marines killed five Iraqi men in a car and 19 in three houses. The 19 included three women and seven children.

Among those listed as witnesses for the hearing are Marine Commandant Gen. James Conway and Gen. James Mattis. Mattis, who was commanding general of the 1st Marine Expeditionary Force at the time, brought the charges against the eight.

The appeals court ruled in Chessani’s case that although there was no evidence that the presence of Col. John Ewers at staff meetings with Mattis influenced the latter’s decision to bring charges, the very appearance of conflict of interest was sufficient to have charges dropped.

Photo. Staff Sgt. Frank Wuterich. Credit: Los Angeles Times