Judge Nixes Request For CBS Haditha Video

Prosecutors Sought Unaired "60 Minutes" Footage For Marine's Alleged Admission Of Crimes In Iraq Massacre

(AP)  A judge has thrown out a military prosecutor's subpoena for unaired footage of a CBS interview given by a Marine squad leader accused of crimes in an attack that killed 24 Iraqis.

Military judge Lt. Col. Jeffrey Meeks on Friday said the prosecution did not meet the burden of proof required to show the unaired is needed to prosecute the case against Staff Sgt. Frank D. Wuterich.

Military prosecutors had sought the video, saying unaired footage of a CBS interview given by a Marine squad leader contained 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 successfuly asked the judge 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 said 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.

[prinzowhales]

What an asinine ruling. The judge is trying to damage the prosecution''s case while posing as someone who respects the rights of the press.

To say that turning the film over to the prosecution would turn CBS into an ''investigative arm of the government'' would hold true with any film of a crime or an admission of a crime or evidence of a crime taken by anyone...

[fwebster1]

war is horrible within itself and its good to be within a nation that attempts to place civilized "structure" to combat.Our nation has seen the use of men.women and children being used by others as aggressors with devistating results. We train our troops to do a job that is very difficult in our nations interest;I as well as many hate the fact that we are even engaged in this conflict yet alone prosecuting our own soldiers for doing the job they were sent to do.We cannot judge these men and should not. We can honor and grow a deeper respect of the jobs these soldiers must endure daily.I did not like the interviewers comments when the soldier stated that he would do the same thing again- he mentioned the "children" as a television dramatic scene.THIS IS REAL LIFE- in war these are the casualties this is why I truly hope these soldiers can be set free!!!With honor and dignity!!!SET OUR TROOPS FREE!! And if our citizens,politicians and even military cannot stomach it then BRING THEM HOME-NOW!!!

[rowdytexan2]

Posted by terrorislam0 at 08:05 AM : Feb 23, 2008

How much does the Neocon regime pay you to go on websites and post this krap??

[neobrian-2009]

AMEN MAX !
NASCAR Is a Joke!Rednecks,Bigots,Wannabes,...Glorified Booze runners,..Soap operas,GOP mentality,..PATHETIC!

[skyk-2009]

The President, all his staff and the entire armed forces aren''''t good enough for your country. So you''''ll also have to pay for your own army from the taxes of the civilians you don''''t have.


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Posted by maxify55 at 07:15 PM : Feb 22, 2008
+ report abuse

I have no idea what you are talking about except to say that ANY leader of ANY democracy in this world who resorts to bald faced LIES like George Bush did to start a war does NOT deserve the support of ANY American regardless of Political Party! You want to see what a Fascist Leader and their Party are about? What a Fascist Leader and a Fascist Party will do to get their way? Go to the RNC Web Site and watch! There''s nothing else that needs to be said, just go there and watch how a FASCIST Government USES Fear!!

[madashell4lo]

It never ceases to amaze me when stooges of the "New World Order"(George & Dicky), get the blame for following the dictates of their leaders. This was a puny excuse for a war but it was the only one they could concoct for the benefit of the Bilderberg Group at the time. Make the entire interview available to all forms of news media everywhere. Keeping the carnage of war a secret is just as bad as loaning money to both factions, creating a war for profit, or using a position of extreme political power to kill truth. George hasn''t got the brains to be the architect of all of the dastardly do that has been done under the guise of defending this nation. I still think that he should be tried for war crimes. Roll Blackwater, Halliburton and all other no bid constructs that have been sucking our national treasure, up in a ball for war profiteering. None of this will ever occur. That''s why I''m Madashell4lo

[skyk-2009]

This (old) story that CBS has presented again and again has one purpose. It is anti-military and anti-American. This story was first published in 2006 and has been retreaded to give the Devil Democrats something to scream about. This is lies by CBS and the NYT. Both these "NEWS" organizations are trying to take the heat of the OBAMA camp because MR and MRS OBAMA are now known to hate America, Christians, and the military as much as IRAN, Al Qaeda and Democrats everywhere. And this is the new Change for America that the Devil Democrats promised us??


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Posted by demslie at 09:49 PM : Feb 22, 2008
+ report abuse

What in the WORLD are you talking about? Do you people actually ever READ something and then form an opinion? The Story has NOTHING what so ever to do with the orginal story''s content! It''s about the RULING of a Judge stating that the Military does NOT have a right to require CBS to produce the tape. It''s a constitutional matter for God''s sake! Just how cowardly are you people anyway? I mean some of these Republican''s have gotten to the point that they see the enemy EVERYWHERE and are willing to change any part of this nation and it''s freedoms so THEY can feel safe. The problem with that? When you are THAT cowardly ther is NO safe under any circumstances!

[brianbwb-2009]

If one asks why the news company hasn''t yet aired the video, the only logical answer is that they are in compliance with the Bush klan, refraining from showing any news of US criminal conduct related to this illegal war.

Having said that, it is in the interests of the American people to know this information, as it will form the basis for evaluating the extent of the crimes caused by Bush lying us into war.

For this reason, it would be proper for CBS to air the video, to make it public now, before the case is appealed to a Bushbot judge, and the evidence gets "lost" by the military. This evidence will be important if and when the war crimes trials start, and also for archival of all war related information.

[randynason]

It seems to me that there is plenty of other evidence available that does meet the test. Eye witness account, prior testimony and admission is most likely enough to meet the burden of proof in this case. Frankly, I would be more eager to go after Blackwater and Halliburton. These soldiers are mere pawns in the game of war. The big fish are what should be the real prize as far as bringing charges and holding to account.

[demslie]

This (old) story that CBS has presented again and again has one purpose. It is anti-military and anti-American. This story was first published in 2006 and has been retreaded to give the Devil Democrats something to scream about. This is lies by CBS and the NYT. Both these "NEWS" organizations are trying to take the heat of the OBAMA camp because MR and MRS OBAMA are now known to hate America, Christians, and the military as much as IRAN, Al Qaeda and Democrats everywhere. And this is the new Change for America that the Devil Democrats promised us??

[ivandrago]

Bellichick must have some buddies in the courts too.

[ioweign]

Shame on the military for being lazy and unable to convict based on the evidence they have now. That video isn''''''''t critical and its a ploy to violate Constitutional Protections. Typical RINO Fascism.


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Posted by FloydZepp at 06:20 PM : Feb 22, 2008
+ report abuse

cut me a break you don''''t even know what is in the video and they tried and were turned down thats what are system is about. defense lawyers routinely make motions they know are weak in order to delay procedings or in the hopes an idiot judge will allow it.

Posted by alanrobisch2 at 06:26 PM : Feb 22, 2008

What were the rules of engagement...

[madashell4lo]

I think that truth must be told. Above all else that I have Under The Constitution Of The United States of America I hold the right to Truth. Unless I''m ever elected to something or other. This is a sticky one no matter how you slice it. Can the insanity of this incident be further understood by possibly creating a picture in a jurors mind that" look what a war can cause our children to commit these horrible acts". Could either decision cause this incident to be in the past, both sides of this war has caused enough death. Why cant we stop death now and say ''No More''. I will never kill a human being for any political Ideology. With out war, Bilderberg may lose. Lets do peace, It might cach on sooner or later.

[antizion]

How nice, a government judge says it is OK for the government to suppress evidence of a war crime and mass murder.

If I were the judge, I would be afraid of being hung for war crimes. Maybe that ivory tower has blocked his view of just how angry the entire world is at the Zionist, Nazis and war profiteers.

Without a money system, (the US dollar is collapsing now) the rich have nothing to buy protection. This places the richest 10% of the US squarely in the cross hairs of 300 million hungry US citizens.

Almost makes me glad I am poor.

[alanrobisch]

Shame on the military for being lazy and unable to convict based on the evidence they have now. That video isn''''t critical and its a ploy to violate Constitutional Protections. Typical RINO Fascism.


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Posted by FloydZepp at 06:20 PM : Feb 22, 2008
+ report abuse

cut me a break you don''t even know what is in the video and they tried and were turned down thats what are system is about. defense lawyers routinely make motions they know are weak in order to delay procedings or in the hopes an idiot judge will allow it.

[denn034]

Shame on that judge for not giving the prosecution needed evidence. That video is evidence after all!