Update: In a surprising decision on Friday, the presiding officer of Staff Sergeant Frank Wuterich's court martial on charges of voluntary manslaughter and dereliction of duty refused to dismiss the case saying there was not enough evidence that the legal process was tainted by command influence. Lt. Col. David Jones said defense attorneys had failed prove two marine generals were influenced by the presence of a top aide who had investigated the incident at meetings where the case against Wuterich was discussed. Trial is now scheduled for Sept. 13th.
Frank Wuterich, the last Marine to face charges of manslaughter arising from the Hadditha massacre {"Haditha"} will undoubtably go free after the judge in his court martial ruled on Wednesday that there was possibly "command influence" prejudicing his case. A similar finding allowed another Marine, Lt. Col. Jeffery Chessani, to escape punishment for the incident in which 24 Iraqi civilians were killed, some in their beds. Eight Marines were charged with murder or failing to investigate a crime. Six had charges dismissed or withdrawn, one was acquitted. Four years later, Wuterich is the last awaiting disposition of his case. He was the squad leader when a bomb killed a Marine and injured two in the Iraqi village in 2005. During a house search for responsible "insurgents" the Marines killed 19 unarmed civilians in three houses. It is a sorry record for the Marines, and a crushing finale for military prosecutors attempting to impose accountability for crimes committed by American military personnel during another unnecessary, ugly war. Wuterich's attorney said after the favorable ruling his client was in "good spirits", and that Wuterich plans to make the Marines his career. Good choice, as there is not much demand for killers in the civilian economy.