Frank Wuterich
Encyclopedia
Frank Wuterich is a Staff Sergeant in the United States Marine Corps
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...

 and is alleged to have participated, on November 19, 2005 in Haditha killings
Haditha killings
The Haditha killings refers to the incident where 24 Iraqi men, women and children were killed by a group of United States Marines on November 19, 2005 in Haditha, a city in the western Iraqi province of Al Anbar. At least 15 of those killed were civilians...

, where he and fellow Marines are accused of having killed 24 civilians
Haditha killings
The Haditha killings refers to the incident where 24 Iraqi men, women and children were killed by a group of United States Marines on November 19, 2005 in Haditha, a city in the western Iraqi province of Al Anbar. At least 15 of those killed were civilians...

 after a Marine had died in an insurgent
Iraqi insurgency
The Iraqi Resistance is composed of a diverse mix of militias, foreign fighters, all-Iraqi units or mixtures opposing the United States-led multinational force in Iraq and the post-2003 Iraqi government...

 attack. As of June 2011, Wuterich is charged with nine counts of manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...

, but his trial date has been postponed.

Background

Wuterich grew up in Meriden, Connecticut
Meriden, Connecticut
Meriden is a city in New Haven County, Connecticut, United States. According to 2005 Census Bureau estimates, the population of the city is 59,653.-History:...

, and graduated from Orville H. Platt High School in 1998. He was well known as an honor student, jazz trumpet player, and drama club president. In his senior year of high school Wuterich enlisted in the Marine Corps. He originally intended to join the Marine Corps Band, but was not accepted. Before going to Iraq, Wuterich was stationed in Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...

, and later at Camp Pendelton, California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

, as an instructor at Marine Combat Training (MCT). MCT is essentially a condensed version the infantry training provided to infantry Marines by the School of Infantry
United States Marine Corps School of Infantry
The School of Infantry is the second stage of initial military training for enlisted United States Marines after Recruit Training. Since the initial training pipeline is divided between coasts, Marines from areas east of the Mississippi River usually graduate from MCRD Parris Island and move on to...

 (SOI), and teaches basic infantry skills to Marines who will work in non-infantry occupations (and since "every Marine is a rifleman", all non-infantry Marines must attend MCT). At this school, he was described as level headed. As one older Marine who was personally trained by Wuterich in Golf Company from August–October 2002. "I would have followed him anywhere. He was always looking out for his students and displayed extreme calmness and tact." In Hawaii, he met and married former wife Marisol with whom he has three daughters. This was the first tour of duty in Iraq for Wuterich.

Haditha incident

According to news reports Wuterich was the senior Marine on patrol (no commissioned officers being present), and after the killings, allegedly lied to his commanding officers by stating that 15 of the dead Iraqi civilians were killed in the same IED explosion that touched off the incident.Time magazine has reported that military investigators had placed Wuterich in at least two of the houses in which the killings took place.

On June 11, 2006, the Washington Post reported a detailed account of Wuterich's version of events as related through his attorney, Neal A. Puckett.

Many news reports have contradicted Wuterich's version of events, claiming that the Marines entered several houses and deliberately killed civilians. Besides photographic evidence of the killings provided by Iraqi journalism student Taher Thabet
Taher Thabet
Thaer Thabet al-Hadithi is an Iraqi activist.A native of Haditha and founder of the Hammurabi Organization for Human Rights and Democracy. The day after a squad of US Marines killed 24 Iraqi civilians after an improvised explosive device detonated by insurgents killed American soldier Miguel...

, there was also testimony from a young Iraqi girl who survived by hiding described watching the Marines shoot her family members systematically. The photographs and forensic evidence were later used to corroborate the Marines' version of events.

Since being named in news reports in connection with the killings, several of Wuterich's family members have spoken out in his defense. Wuterich's father, Dave Wuterich, told the Associated Press
Associated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...

 that “I just don't believe that he [Frank Wuterich] would do something like that.” Previously, Wuterich's former wife, Marisol, had praised Wuterich in blog postings. On June 19, 2007, Marisol Wuterich and her father-in-law were interviewed on Fox News Channel
Fox News Channel
Fox News Channel , often called Fox News, is a cable and satellite television news channel owned by the Fox Entertainment Group, a subsidiary of News Corporation...

's Hannity and Colmes. Both said that they back Frank Wuterich “100 percent”.

Captain James Kimber
James Kimber
James Kimber, age 33, is a captain in the United States Marine Corps, and was commander of India Company 3rd Battalion 1st Marines. He was removed from command following a report by The Times regarding an alleged hazing incident in Haditha, Iraq on November 19, 2005, recorded and aired by the BBC...

, Lieutenant Colonel
Lieutenant Colonel (United States)
In the United States Army, United States Air Force, and United States Marine Corps, a lieutenant colonel is a field grade military officer rank just above the rank of major and just below the rank of colonel. It is equivalent to the naval rank of commander in the other uniformed services.The pay...

 Jeffrey R. Chessani, and Captain Luke McConnell
Luke McConnell
Luke McConnell is currently a Major in the United States Marine Corps. In accordance with standard administrative procedure, he was initially removed from command of the Camp Pendleton-based Kilo Company, 3rd Battalion, 1st Marines following an alleged November 2005 war crime in Haditha, Iraq,...

 according to a report by The Times
The Times
The Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...

on May 29, 2006 were all relieved of their duties on suspicion of inadequate reporting of or investigation into the Haditha incident.

Congressman Murtha

On August 2, 2006, Wuterich filed a lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...

 naming Representative
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...

 John Murtha
John Murtha
John Patrick "Jack" Murtha, Jr. was an American politician from the U.S. state of Pennsylvania. Murtha, a Democrat, represented Pennsylvania's 12th congressional district in the United States House of Representatives from 1974 until his death in 2010....

 (D
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...

-PA
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...

) as a defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...

 in a libel case. Wuterich's lawyers claimed that Murtha harmed Wuterich's image by popularizing the Haditha killings
Haditha killings
The Haditha killings refers to the incident where 24 Iraqi men, women and children were killed by a group of United States Marines on November 19, 2005 in Haditha, a city in the western Iraqi province of Al Anbar. At least 15 of those killed were civilians...

.

More recently Wuterich's lawyers admitted at a news conference that Murtha identified Wuterich's squad and not Wuterich himself. Murtha stated that he does not blame Wuterich for "lashing out" .

On September 1, 2007, news outlets reported on a hearing of Sgt. Sanick Dela Cruz, a subordinate of Wuterich at the time of the Haditha incident, in which Dela Cruz testified against Wuterich.

On April 14, 2009, a federal court of appeals for the District of Columbia Circuit dismissed Wuterich's defamation lawsuit because the Federal Employees Liability Reform and Tort Compensation Act, better known as the Westfall Act of 1988, precludes federal employees being sued personally for actions undertaken officially.

Rep. Murtha died February 8, 2010, in the Virginia Hospital Center following complications from gall bladder surgery.

Dela Cruz testimony

Sergeant Sanick Dela Cruz was on the mission that day. He agreed to testify for the prosecution in exchange for immunity. He changed the story he had previously told about the events of the day. In particular, his new story about the men in the white car differed from the version told by the defense and by forensic experts.

On September 2, 2007, an updated re-airing of 60 Minutes
60 Minutes
60 Minutes is an American television news magazine, which has run on CBS since 1968. The program was created by producer Don Hewitt who set it apart by using a unique style of reporter-centered investigation....

, narrated by Scott Pelley
Scott Pelley
Scott Cameron Pelley is an American television journalist who is currently anchor and managing editor of the CBS Evening News and a correspondent for the CBS news magazine 60 Minutes...

, disclosed that Wuterich did not have to go to Iraq, but went because "he wanted to see war". Pelley also revealed that all charges had since been dropped against Sanick Dela Cruz and two others.

Dela Cruz recounted his story in an in-depth profile in the July 2008 edition of Chicago Magazine, speaking about the ordeal to a journalist for the first time.

Charges levelled

On December 21, 2006, the US military charged Wuterich with 12 counts unpremeditated murder against individuals and one count of the murder of six people "while engaged in an act inherently dangerous to others".

When announcing the charges, Colonel Stewart Navarre said, "We now know with certainty the press release was incorrect and that none of the civilians were killed by the IED (improvised explosive device) explosion".

On September 3, 2007, the Article 32 hearing
Article 32 hearing
An Article 32 hearing is a proceeding under the United States Uniform Code of Military Justice, similar to that of a preliminary hearing in civilian law. Its name is derived from UCMJ section VII Article An Article 32 hearing is a proceeding under the United States Uniform Code of Military...

 investigating officer recommended that Staff Sgt. Wuterich be tried for negligent homicide
Negligent homicide
Negligent homicide is a criminal charge brought against people who, through criminal negligence, allow others to die.Negligent Homicide is a lesser included offense to first and second degree murder, in the sense that someone guilty of this offense can expect a more lenient sentence, often with...

 in deaths of two women and five children, and that charges of murder be dropped. Charges against the other Marines directly involved in the incident had been recommended dropped after their hearings found the charges were not supported by the evidence.

Wuterich was expected to be back in court to face nine counts of manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...

 in early 2010. Subsequently, a trial date was set for 12 April 2011. In June 2011, it was postponed again.

External links

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