Attorney may call Murtha as witness on "cold blooded murder" remark

Rowan Scarborough:

A criminal defense attorney for a Marine under investigation in the Haditha killings says he will call a senior Democratic congressman as a trial witness, if his client is charged, to find out who told the lawmaker that U.S. troops are guilty of cold-blooded murder.
Attorney Neal A. Puckett told The Washington Times that Gen. Michael Hagee, the Marine commandant, briefed Rep. John P. Murtha, Pennsylvania Democrat, on the Nov. 19 killings of 24 Iraqis in the town north of Baghdad. Mr. Murtha later told reporters that the Marines were guilty of killing the civilians in "cold blood." Mr. Murtha said he based his statement on Marine commanders, whom he did not identify.
Mr. Puckett said such public comments from a congressman via senior Marines amount to "unlawful command influence." He said potential Marine jurors could be biased by the knowledge that their commandant, the Corps' top officer, thinks the Haditha Marines are guilty.
"Congressman Murtha will be one of the first witnesses I call to the witness stand," Mr. Puckett said yesterday.
Mr. Puckett represents Staff Sgt. Frank D. Wuterich, an eight-year Marine who was a key participant in the Haditha operations that resulted in the 24 civilian deaths.
The attorney said Sgt. Wuterich, 26, the married father of two daughters, led the squad of Kilo Company that mounted the four major combat actions on Nov. 19 that resulted in 23 deaths at a traffic stop and in three houses. The 24th Iraqi was killed while fleeing a home by a rooftop-stationed Marine or Marines, Mr. Puckett said.
The attorney said his client strongly rejects accusations in the press from Haditha residents that Marines lined up some of the civilians and executed them. Mr. Puckett said Sgt. Wuterich maintains that such an incident never occurred, and that Marines followed proper procedures in clearing the three houses.
"What's being reported out there, it seems an awful lot of it is inaccurate," Mr. Puckett said. He said his client, stationed at Camp Pendleton, Calif., has been promoted to platoon leader and is not under confinement.
"How would you feel to be falsely accused of killing innocent people," the attorney said. "He was angered and hurt by it because he doesn't understand how the public could think he and his Marines could do such a thing."
Col. Dave Lapan, a spokesman at Marine Corps headquarters at the Pentagon, said Mr. Murtha was one of eight senior House members and senators briefed by Gen. Hagee in May on the investigation. "I don't know what he told them," Col. Lapan said.

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I have raised the "command influence" issue before, particularly when anti war types were calling on the President to condemn the Marines before there was an indictment or trial. If General Hagee used those words, "cold blooded murder" in a briefing with congressmen that he knew could be made public, then he may have violated the rights of the accused. My speculation is that if he did it was probably qualified and Murtha used them without qualification, or it could have been his own characterization. At any rate Murtha's conduct in this matter has been disgraceful. He is using those Marines as a prop for his anti war agenda.