Military Subpoenas CBS Haditha Video
Military prosecutors say unaired footage of a CBS interview given by a Marine squad leader contains admissions of crimes in an attack that killed 24 Iraqi civilians.
Staff Sgt. Frank D. Wuterich "apparently admits in an unaired segment that he did in fact order his men to 'shoot first and ask questions later,'" Capt. Nicholas Gannon said in response to a motion filed by CBS seeking to quash a subpoena seeking the footage.
CBS is set to ask a military judge Friday to throw out the subpoena during a pretrial hearing for Wuterich, who faces voluntary manslaughter and other charges in the Nov. 19, 2005, deaths in Haditha, Iraq.
In its motion, CBS says the subpoena would be "unreasonable and oppressive," and turn a news organization into an investigative arm of the government.
"This fishing expedition is particularly inappropriate given the numerous other sources of information concerning the events underlying this court-martial," according to the motion obtained by The Associated Press.
The subpoena stems from an interview aired on March 15, 2007, on "60 Minutes" entitled "The Killings at Haditha."
In the interview, Wuterich recounted to CBS News Correspondent Scott Pelley his recollection of the events that led to the deaths.
The deaths occurred after a roadside bomb hit a Marine convoy, killing the driver of a Humvee and wounding two other Marines. Wuterich and a squad member, Sgt. Sanick Dela Cruz, allegedly shot five men by a car at the scene. Wuterich then ordered his squad into several houses, where they cleared rooms with grenades and gunfire, killing unarmed civilians in the process.
In the CBS motion, attorneys Lee Levine and Seth D. Berlin contend there have been multiple government investigations into the Haditha incident, and numerous witnesses provided statements to investigators.
California has one of the nation's most protective statutes shielding journalists from prosecutors' inquiries. The law generally allows journalists to decline to divulge unpublished material to state authorities, but the protection does not extend to federal courts, which include military courts.
CBS says testimony is available from witnesses, including members of Wuterich's squad who are not being prosecuted.
But prosecutors, who have previously said squad members are "far from cooperative," say it is apparent to them from Pelley's narration that Wuterich made admissions in unaired footage.
In the response, Gannon writes that Pelley's questions and his narration are apparently based on information Wuterich must have provided during the interview.
The network had no comment on the subpoena or the pending hearing, said Sandra Genelius, a spokeswoman for CBS News, which is a division of CBS Corp.
Four enlisted Marines were initially charged with murder in the case and four officers were charged with failing to investigate the deaths. Charges against four of the men have been dropped, and none will face murder charges.
Still facing court-martial are Lt. Col. Jeffrey R. Chessani, who is charged with dereliction of duty and violation of a lawful order on allegations that he mishandled the aftermath of the Haditha shootings; and 1st Lt. Andrew Grayson, on charges of making false official statements, obstruction of justice and attempting to fraudulently separate from the Marine Corps.
Wuterich is scheduled to be court-martialed March 3.
© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Staff Sgt. Frank D. Wuterich "apparently admits in an unaired segment that he did in fact order his men to 'shoot first and ask questions later,'" Capt. Nicholas Gannon said in response to a motion filed by CBS seeking to quash a subpoena seeking the footage.
CBS is set to ask a military judge Friday to throw out the subpoena during a pretrial hearing for Wuterich, who faces voluntary manslaughter and other charges in the Nov. 19, 2005, deaths in Haditha, Iraq.
In its motion, CBS says the subpoena would be "unreasonable and oppressive," and turn a news organization into an investigative arm of the government.
"This fishing expedition is particularly inappropriate given the numerous other sources of information concerning the events underlying this court-martial," according to the motion obtained by The Associated Press.
The subpoena stems from an interview aired on March 15, 2007, on "60 Minutes" entitled "The Killings at Haditha."
In the interview, Wuterich recounted to CBS News Correspondent Scott Pelley his recollection of the events that led to the deaths.
The deaths occurred after a roadside bomb hit a Marine convoy, killing the driver of a Humvee and wounding two other Marines. Wuterich and a squad member, Sgt. Sanick Dela Cruz, allegedly shot five men by a car at the scene. Wuterich then ordered his squad into several houses, where they cleared rooms with grenades and gunfire, killing unarmed civilians in the process.
The manslaughter charge against Wuterich, 27, includes specifications of a personal role in at least nine killings, naming seven victims plus one or more unknown people, and the allegation that he ordered a lance corporal to kill someone.
In the CBS motion, attorneys Lee Levine and Seth D. Berlin contend there have been multiple government investigations into the Haditha incident, and numerous witnesses provided statements to investigators.
California has one of the nation's most protective statutes shielding journalists from prosecutors' inquiries. The law generally allows journalists to decline to divulge unpublished material to state authorities, but the protection does not extend to federal courts, which include military courts.
CBS says testimony is available from witnesses, including members of Wuterich's squad who are not being prosecuted.
But prosecutors, who have previously said squad members are "far from cooperative," say it is apparent to them from Pelley's narration that Wuterich made admissions in unaired footage.
In the response, Gannon writes that Pelley's questions and his narration are apparently based on information Wuterich must have provided during the interview.
The network had no comment on the subpoena or the pending hearing, said Sandra Genelius, a spokeswoman for CBS News, which is a division of CBS Corp.
Four enlisted Marines were initially charged with murder in the case and four officers were charged with failing to investigate the deaths. Charges against four of the men have been dropped, and none will face murder charges.
Still facing court-martial are Lt. Col. Jeffrey R. Chessani, who is charged with dereliction of duty and violation of a lawful order on allegations that he mishandled the aftermath of the Haditha shootings; and 1st Lt. Andrew Grayson, on charges of making false official statements, obstruction of justice and attempting to fraudulently separate from the Marine Corps.
Wuterich is scheduled to be court-martialed March 3.
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Posted by terrorislam0 at 04:00 PM : Feb 22, 2008
Why homosexuals citizens of the United States are not allowed to serve their country, unlike the heterosexual citizens?
Why homosexual citizens are not allowed to marry unlike the heterosexual citizens (discrimination based on sexual orientation).
Why shouldn''t we denounce ISLAMIC RADICALS like OSAMA BEEN FORGOTTEN and JESUS who believed in discrimination based on SEXUAL ORIENTATION and GENDER?
LOOK WHO IS TARGETING CIVILIANS!!!
posted by lars008
In damning testimony, a U.S. soldier Thursday told a court-martial he was ordered by his staff sergeant to shoot an unarmed Iraqi man and that the sergeant then laughed and told the trooper to finish the job as the dying man convulsed on the ground.
The military reported, meanwhile, it had opened an investigation of the deaths of five women and four children killed earlier this week in a village south of Baghdad where American forces had carried out ground and air assaults.
You are right lars008 (terrorislam0)
The Christian soldiers killing UNARMED CIVILIANS for bringing TERRORIST LEADER "JESUS" back to this world are FASCIST NAZI TERRORISLAM. Do you remember the FASCIST NAZI TERRORISLAM LEADER "JESUS" who said;
"Do not suppose that I have come to bring peace to the earth. I did not come to bring peace, but a sword. For I have come to turn a man against his father, a daughter against her mother, a daughter-in-law against her mother-in-law---a man''s enemies will be the members of his own household%u2019" (Matthew 10:34-36). "From the days of John the Baptist until now, the kingdom of heaven has been forcefully advancing, and forceful men lay hold of it" (Matthew 11:12).
are doing,,, you would have a point,,,
but since they are not,,, you do not,,,
Posted by terrorislam0 at 03:18 PM : Feb 22, 2008
The worst enemy of United States are those CHRISTIANS who want to sacrifise GOD-NEGLECTED AMERICAN MONEY, GOD-NEGLECTED AMERICAN LIVES and UNHOLY LAND "UNITED STATES for a NON-AMERICAN CAUSE, NON-AMERICAN GOD-CHOSEN PEOPLE and a NON-AMERICAN HOLY LAND.
Why shouldn''''t we help Arabs in the destruction of ISRAEL far away from the CONCENTRATION CAMPS in GERMANY, to enjoy OIL in cheap prices?
Why should we protect ISREAL on Palestinian map, far away from the CONCENTRATION CAMPS in GERMANY, to buy HATRED, TERRORISM and 9/11 against UNHOLY LAND UNITED STATES and GOD-NEGLECTED AMERICANS?
LOOK WHO IS TARGETING CIVILIANS!!!
posted by lars008
In damning testimony, a U.S. soldier Thursday told a court-martial he was ordered by his staff sergeant to shoot an unarmed Iraqi man and that the sergeant then laughed and told the trooper to finish the job as the dying man convulsed on the ground.
The military reported, meanwhile, it had opened an investigation of the deaths of five women and four children killed earlier this week in a village south of Baghdad where American forces had carried out ground and air assaults.
You are right lars008 (terrorislam0)
The Christian soldiers killing UNARMED CIVILIANS for bringing TERRORIST LEADER "JESUS" back to this world are FASCIST NAZI TERRORISLAM. Do you remember the FASCIST NAZI TERRORISLAM LEADER "JESUS" who said;
"Do not suppose that I have come to bring peace to the earth. I did not come to bring peace, but a sword. For I have come to turn a man against his father, a daughter against her mother, a daughter-in-law against her mother-in-law---a man''s enemies will be the members of his own household%u2019" (Matthew 10:34-36). "From the days of John the Baptist until now, the kingdom of heaven has been forcefully advancing, and forceful men lay hold of it" (Matthew 11:12).
If sins were committed by Adam and Eve, why sinners are those new born children born in sins who can''t even differentiate between what is a sin and what is not a sin, and why the price is paid by a third party free of sins, named JESUS?
If sisns were committed by Adam and Eve, why sinners are those new born children born in sins who can''t even differentiate between what is a sin and what is not a sin, and why the price is paid by a third party free of sins, named JESUS?
but since they are not,,, you do not"
"Those who cannot learn from history are doomed to repeat it."
The Christians engaged in a multi-century crusades against the muslims, jews, and other "unbelievers", torturing and slaughtering millions. Even if they were all "pure as the driven snow" now, it wouldn''t matter. Some people hold grudges for a looooong time. As you sow, so shall you reap.
Furthermore, "Christians" ARE doing bad things to them right now! We attacked Iraq for NO SANE REASON and killed over 1 million of their people. This, after having used "sanctions" to kill over a million of their children! We installed military bases in their "holy land", violating their most sacred religious edicts. We gave them (OBL + his merry men) weapons and training to fight the Soviets in Afghanistan, then abandoned them to die when our whims dictated it. Those that hate us do so because of what we have done to them, and what we continue to do to them!
I repeat: "Those who cannot learn from history are doomed to repeat it." You have failed to learn anything.
are doing,,, you would have a point,,,
but since they are not,,, you do not,,,
Posted by terrorislam0 at 03:18 PM : Feb 22, 2008
The worst enemy of United States are those CHRISTIANS who want to sacrifise GOD-NEGLECTED AMERICAN MONEY, GOD-NEGLECTED AMERICAN LIVES and UNHOLY LAND "UNITED STATES for a NON-AMERICAN CAUSE, NON-AMERICAN GOD-CHOSEN PEOPLE and a NON-AMERICAN HOLY LAND.
Why shouldn''t we help Arabs in the destruction of ISRAEL far away from the CONCENTRATION CAMPS in GERMANY, to enjoy OIL in cheap prices?
Why should we protect ISREAL on Palestinian map, far away from the CONCENTRATION CAMPS in GERMANY, to buy HATRED, TERRORISM and 9/11 against UNHOLY LAND UNITED STATES and GOD-NEGLECTED AMERICANS?
You sound like you don''t like Islamic Radicals, one of whom is OSAMA BEEN FORGOTTEN.
OSAMA BEEN FORGOTTEN does not support Homosexual''s right of marriage.
Do you support Osama been forgotten or oppose him?
Osama been forgotten is against Secularism.
Do you support Osama been forgotten or oppose him?
Osama been forgotten is against women''s right to choose Abortion.
Do you support Osama been forgotten or oppose him?
What do you think about the leader of OSAMA BEEN FORGOTTEN, "JESUS" who opposed HOMOSEXUAL''S RIGHT OF MARRIAGE just like OSAMA BEEN FORGOTTEN?
What is your opinion about OSAMA''s leader "JESUS", whose bible accused a woman of helping DEVIL in getting a man kicked out of heaven?