CAMP PENDLETON, Calif. — — The military’s case against Marines accused of killing 24 Iraqis in Haditha was whittled down Friday to one man accused of giving the orders.
Four enlisted men were originally charged with murder; those counts are long gone. With the Marine Corps’ decision to drop involuntary manslaughter charges against Lance Cpl. Stephen Tatum, only squad leader Staff Sgt. Frank Wuterich remains charged with anything.
Counts also remain against two of the four Marine officers originally accused of failing to investigate the deaths, but a lawyer for one of them said the decision not to court-martial Tatum bolsters his client’s claim that there had been no reason for him to believe the wartime deaths were a crime.
“This is a house of cards, and it’s all falling apart now,” said Brian Rooney, attorney for Lt. Col. Jeffrey R. Chessani.
The case against Tatum, 26, of Edmond, was dismissed as jury selection was about to begin for his court-martial. The government gave him full immunity so he can testify against Wuterich, of Meriden, Conn.
Prosecutors say Wuterich directed the 2005 assault immediately after a roadside bomb killed one Marine and wounded two others in a convoy. Wuterich and another Marine shot five men nearby before the squad leader ordered his men to clear homes with grenades and gunfire, killing unarmed civilians.
In February, Tatum received an order to testify against Wuterich and an unrequested immunity order that said anything to which he testified would not be used against him in his court-martial. On Friday, a new immunity order was issued, along with the dismissal of charges.
“Lance Cpl. Tatum will testify truthfully if called as a witness,” said his attorney, Jack Zimmerman.
Tatum was relieved by the news and considered it an affirmation of his contention that he and his squadmates responded to a perceived threat as they had been trained to do, Zimmerman said.
“It has been a very happy morning,” he said.
In addition to two counts of involuntary manslaughter, Tatum had been charged with reckless endangerment and aggravated assault.
Zimmerman said there was no agreement with the government before the dismissal.
“Absolutely, there is no deal,” he said.
Tatum, who has been assigned to administrative duties, has extended his enlistment for an additional six months in order to remain available as a witness for the remaining scheduled courts-martial, Zimmerman said.
Camp Pendleton spokesman Lt. Col. Sean Gibson said the dismissal was signed by Lt. Gen. Samuel Helland, who currently oversees the Haditha prosecutions. The decision to refer Tatum’s case to court-martial was made by Helland’s predecessor, Lt. Gen. James Mattis, who overrode a finding that prosecutors didn’t present enough evidence to prosecute Tatum.
Wuterich is the only enlisted man still facing prosecution. He faces nine counts of voluntary manslaughter, aggravated assault, reckless endangerment and obstruction of justice. There is no date set for his court-martial.
Wuterich’s civilian defense attorney, Neal Puckett, contended that the Tatum dismissal showed the government has a poor case against his client.
“I think it’s a further demonstration of how weak the government’s case has become,” Puckett said.
Chessani, of Rangely, Colo., is the highest-ranking defendant and was commander of the Camp Pendleton-based 3rd Battalion, 1st Marine Regiment at the time of the Nov. 19, 2005, Haditha killings. He is the highest-ranking officer to face a combat-related court-martial since the Vietnam War and is scheduled to face court-martial in April.
Chessani, accused of dereliction of duty and violation of a lawful order, has said he didn’t order a formal investigation because he believed the deaths resulted from lawful combat.
A judge has set an April court-martial date for 1st Lt. Andrew Grayson, of Springboro, Ohio, the second officer still facing charges. He is accused of making false official statements, obstruction of justice and attempting to fraudulently separate from the Marine Corps.
Local News
Marines drop case against Edmond man
- Local News
-
-
OU Medical Edmond greets 100th baby
Sometimes it seems as if history repeats itself.
My Birth Center at OU Medical Center Edmond delivered its 100th baby at 7:42 a.m. Friday, 44 years after the hospital’s first 100th baby was born in 1968. My Birth Center opened in September, becoming the first birth place available in Edmond since 2005. - 2-11 Police & fire runs
-
School board candidates release financial reports
Both candidates running for the Edmond school board District No. 1 seat filed their first of two financial reports with the school administration.
-
2-11 Edmond Senior Center calendar
The Edmond Senior Center, 2733 Marilyn Williams Drive, is open 8 a.m. to 4 p.m. Monday-Friday.
For information about Edmond senior programs, stop by and pick up a monthly calendar, check out the website at edmondseniorcenter.com or call 216-7600.
Lunch is served at 11:30 a.m. and reservations are needed a day in advance by 11 a.m.
For lunch reservations, call at 330-6293 from 9 a.m. to 1 p.m. -
State schools to receive No Child Left Behind waiver
State Secretary of Education Phyllis Hudecki announced Thursday Oklahoma is one of 10 states chosen to receive a waiver from No Child Left Behind requirements.
-
Logan Co. Democrats to meet Monday
The Logan County Democratic Committee will have its monthly meeting on Monday.
The main order of business will be Get Out the Vote for the April 3 state Senate race. Precinct officers are encouraged to attend. In addition to business and planning items, the group will celebrate Logan County Democrats with birthdays in February. -
Edmond loses wealth of knowledge with death of resident
The death of longtime Edmond resident Eloise Rodkey Rees goes with the saying that with every death, you lose a library.
- Polling places: Where to vote
-
Humphreys seeks Senate seat
Fearing that the liberties of Oklahomans are slipping away, Republican Chris Humphreys said he hopes to win the state Senate District 20 primary race set for Tuesday.
-
Unwritten contracts hard to prove
Q: Can an agreement be enforced if it is not in writing?
A: Although it is generally advisable to put every agreement in writing, most agreements can be enforced without written evidence of the deal. Both oral and written contracts can, in the right circumstances, bind the parties to perform. - More Local News Headlines
-





