SAN DIEGO — The last defendant in the biggest and lengthiest criminal case against U.S. troops to arise from the Iraq War is expected to stand trial this week, more than six years after his squad killed 24 Iraqis, including unarmed women and children.
The killings in Haditha on Nov. 19, 2005, is considered one of the war’s defining moments, further tainting America’s reputation when it was already at a low point after the release of photos of prisoner abuse by U.S. soldiers at Abu Ghraib prison.
The case continues to fuel anger in Iraq because not one of the eight Marines initially charged has been convicted — a main reason behind the country’s demands that US troops be subject to its laws if its forces remained there after the war ended in December.
Those demands turned out to be the deal-breaker that led to the withdrawal of all American forces.
Staff Sgt. Frank Wuterich, from Meriden, Conn., was the leader of the Marine squad that cleared several homes, by tossing in grenades and then peppering them with gunfire shortly after a roadside bomb hit a Marine convoy. One Marine was killed and two others were wounded.
His lawyer, Neal Puckett, said Wuterich, 31, is confident the all-military jury will acquit him.
Wuterich has said he regretted the loss of civilian lives but believed he was operating within military combat rules when he ordered his men to attack after the roadside bomb exploded. Marines in the unit have said they were under gunfire at the time.
Wuterich declined to be interviewed before the trial.
“He’s ready to go to trial and put this behind him and move on with his life, whatever that holds for him,” Puckett said.
Military prosecutors declined to comment.
Jury selection will take place Thursday and opening arguments are slated for Friday before the military jury at Camp Pendleton, north of San Diego, after years of delays.
The late U.S. Rep. John Murtha, a former Marine and decorated Vietnam War veteran, compared the killings to the 1968 My Lai massacre, when American servicemen killed as many as 504 Vietnamese villagers. Marines, including Wuterich, filed lawsuits alleging that the comments damaged their reputations.
The comparison started a debate over whether troops were doing what they were trained to do or getting revenge for the death of a comrade.
Legal experts say military prosecutors face an uphill battle trying to prove, so many years after the killings, that Wuterich’s actions were criminal and not the unfortunate result of being caught in the chaos of war.
“Memories fade, evidence fades or is lost, so that is bound to benefit the accused and that’s too bad, because the trial should not be one that favors one side or other,” Gary Solis, a former Marine Corps prosecutor and judge who teaches law of war at Georgetown University Law Center.
Disputes — including over whether a military court should order CBS News to hand over unaired outtakes of a 2007 interview Wuterich gave to “60 minutes” — stalled the case for years. In 2009, a military appeals court ordered some unaired portions be turned over to prosecutors.
The case also suffered from a delay in gathering evidence. Immediately after the killings, investigators missed chances to collect evidence from the scene and speak with witnesses while their memories were fresh.
Last year, defense attorneys filed a motion asking the case to be thrown out because one of Wuterich’s military lawyers has since retired from the Marine Corps. The judge ruled against the motion.
Wuterich is the last of the eight Marines initially charged with murder or failure to investigate the killings to face charges. Six have had charges dropped or dismissed, and one was acquitted.
After the roadside bomb rocked the Marine convoy, Wuterich and a squad member were accused of shooting five men by a car at the scene. Investigators say Wuterich then ordered his men to clear several houses with grenades and gunfire. The bodies of women and children, including toddlers, were found afterward.
A full investigation didn’t begin until a Time magazine reporter inquired about the deaths in January 2006, two months later.
Wuterich’s charges were later reduced to voluntary manslaughter in nine of the 24 deaths and other crimes. Wuterich also has been charged with aggravated assault, reckless endangerment, dereliction of duty and obstruction of justice.
Since his ordeal began, Wuterich has gotten divorced and gained custody of his three school-age daughters, who live with him in nearby Temecula. He works a desk job at Camp Pendleton’s 1st Marine Division headquarters. He has completed his service but can’t leave the military until his case has been resolved.
Haditha is one of several Iraq War cases the government has pursued at Camp Pendleton.
One case was filed in the kidnapping and death of an Iraqi man in Hamdania in April 2006. One Marine was convicted of murder and sent to prison. A Navy corpsman pleaded guilty to kidnapping, and three other Marines pleaded guilty to aggravated assault.
Another case involved the death of an unarmed Iraqi detainee in Fallujah in November 2004. One Marine was spared prison time after pleading guilty to dereliction of duty, and another was acquitted. Their former squad leader was acquitted in a federal court.
Former Navy officer David Glazier, a professor at Loyola Law School in Los Angeles, said a military jury — which likely knows the normal reactions of warfighters — is best equipped to handle a case like Haditha, although he notes the lengthy process counters the principles of military courts.
Those courts were started to ensure swift investigations and speedy trials during wars, he said.
“The idea was to do fair, but prompt justice in the field in order to have access to the witnesses and facts, but also to reinforce good order and discipline,” he said. “So dragging this on for years and years hasn’t done any good for anybody.
“It’s left the Iraqis believing the U.S. is not committed to doing justice and left an individual in limbo for years and years,” Glazier said.