A military judge on Friday refused to dismiss charges against a Marine who led a squad that killed 24 Iraqi men, women and children in the town of Haditha after a bomb killed a Marine.
The ruling cleared the way for a court-martial for Staff Sergeant Frank Wuterich, the only remaining defendant in the biggest criminal case against US troops to arise from the Iraq war.
Marine Lieutenant-Colonel David Jones said attorneys for Wuterich failed to show that two generals who oversaw the case were influenced by a top aide who was disqualified under military policy from giving advice because he had investigated the killings on a previous assignment.
Wuterich, seated in uniform, showed no emotion when the judge denied the motion by his attorneys.
He later told reporters he was disappointed and upset by the ruling but looked forward to a jury trial.
“I’m actually happy to see that there is a trial date and this will be over soon,” he said. “At least this is the beginning of the end.”
Jones said it was probably not a good idea for the aide, Colonel John Ewers, to have been in the room when the Haditha case was being discussed, but there was no suggestion that his presence influenced the generals or stifled junior attorneys who were present.
“The court must deal with the facts, not mere speculation or conjecture,” Jones said.
The judge said he was convinced the general who brought charges in December 2006 and his successor who ordered a court-martial a year later had done extensive independent research.
“It is reassuring to know that the generals really did their homework ... and didn’t merely act as a rubber stamp,” Jones said.
The 30-year-old Wuterich is one of eight Marines originally charged with murder or failure to investigate the killings that occurred after the roadside bombing. Six have had charges dropped or dismissed, and one was acquitted.
A trial is scheduled for Sept. 13 for Wuterich on reduced charges of voluntary manslaughter in nine of the 24 deaths and other crimes in the November 2005 shootings. His attorneys said they anticipated no more delays.
Wuterich is currently assigned to administrative work at 1st Marine Division headquarters at Camp Pendleton and is working toward a certificate as a computer technician at a community college.
“It’s hard to continue to do the job that I’m doing knowing that I’m really not going anywhere as far as my career,” he said.
At his preliminary hearing, Wuterich said he regretted the loss of civilian lives but believed he was operating within military combat rules when he ordered his men to attack. He declined to discuss the killings with reporters on Friday.
Wuterich did say he had “mixed feelings” that all the other defendants were exonerated.
“In part, I’m happy for them, but it’s tough being the last guy going through this,” he said, declining to elaborate.
An ending of the case would likely have met outcry in Iraq, where many see a lack of accountability for the actions of US troops through the seven years of war.
The head of the Baghdad-based Hammourabi NGO human rights organization, Abdul-Rahman Najim al-Mashhadani, welcomed the ruling.
“It is a very important case and we feel happy that attention will be paid to a case dealing with human rights,” he said. “This case is regarded as a success for us.”
Iman Walid Abdul-Hamid, 14, from Haditha was wounded and lost her parents and a brother in the attack. US troops took Iman, who was nine at the time, and her six-year-old brother to Baghdad for treatment.
“We were sleeping. My father was reciting Quran in another room, when the soldiers broke the door down and shot him dead,” she said. “These killers should be killed. Their case should not be closed before they are justly tried.”
The deaths occurred after a Marine was killed by a roadside bomb.
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.
A full investigation didn’t begin until a Time magazine reporter inquired about the deaths in January 2006, two months later.
The judge previously said Wuterich’s attorneys presented credible evidence regarding the role Ewers played but said on Friday the government had addressed those concerns.
General James Mattis, who brought charges, acknowledged during testimony that Ewers was in the room when allegations of wartime abuse were discussed but denies ever getting advice from him on the Haditha case.
The defense had argued that Ewers’ mere presence stifled junior attorneys who were assigned to advise the general. Court papers describe how Ewers, who was seriously wounded in Iraq in 2003, had a stellar reputation and a long history with General Mattis.
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