Haditha murder charge should be dropped against Sgt. Wuterich

North County Times:

A Marine Corps official has recommended that murder charges be dismissed against a Camp Pendleton squad leader accused in the deaths of 17 civilians killed in the Iraqi city of Haditha two years ago.

The official, Lt. Col. Paul Ware, said in a recommendation obtained by the North County Times that rather than face murder charges, squad leader Staff Sgt. Frank Wuterich should be tried for the lesser offense of negligent homicide in the deaths of five children and two women.

Ware recommended 10 other murder charges against Wuterich be dismissed.

"I believe after reviewing all the evidence that no trier of fact can conclude Staff Sgt. Wuterich formed the criminal intent to kill," Ware wrote in reference to the women and children. "When a Marine fails to exercise due care and civilians die, the charge of negligent homicide, and not murder, is appropriate."

Ware's report, issued to prosecutors and defense attorneys this week, found the evidence against Wuterich contradictory. Ware's role as the case's investigating officer is akin to that of a judge presiding over a pretrial hearing.

"The case against Staff Sgt. Wuterich is simply not strong enough to conclude he committed murder beyond a reasonable doubt," Ware wrote. "Almost all witnesses have an obvious bias or prejudice."

...
This is a blow to Jack Murtha's charges of "cold blooded murder" against Sgt. Wuterich and the Marines at Haditha. It is another blow to the enemy propaganda efforts that were embraced by Time Magazine when it published its story about events at Haditha. While there are a few minor cases remaining to be heard, it is pretty clear that the prosecution is not going to be able to make a case of murder against anyone at Haditha. This also puts into question all of the dereliction of duty charges which were premised on the murder charges.

The AP reports that Ware did recommend that Wuterich be tried for "the lesser offense of negligent homicide in the deaths of five children and two women...." I would say this is still a clear win for Sgt. Wuterich and a clear loss for Murtha. Negligent homicide is a long way from "cold blooded murder."

Gateway Pundit has more with links to a video of Murtha's slanderous statements.

Here is the CNN report on the recommendation. It provides more detail on the negligent homicide charge.

Bruce Kessler comments on the fallout.

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