Wuterich Tag Archives — Court-Martial Trial Practice Blog

Wuterich decided

January 10, 2011 | The Law Office of Philip D. Cave

On Friday, NMCCA decided U.S. v. Wuterich.

More later, but:

In response to Orders issued by this court, the respondents produced the required transcripts, relevant exhibits, and a sealed memorandum prepared by the military judge recounting an ex parte hearing he conducted with defense counsel on the severance issue. Having reviewed the record and pleadings of the parties, we find that the military judge’s detailed, complete findings of fact are well-supported and not clearly erroneous. Having completed our review, we conclude that the sealed memorandum should remain sealed, and that the military judge did not abuse his discretion in severing the attorney-client relationship.

More delays in Wuterich?

November 9, 2010 | The Law Office of Philip D. Cave

Misc. No. 11-8009/MC. Frank D. WUTERICH, Appellant v. David L. Jones, Lieutenant Colonel, United States Marine Corps, in his capacity as Military Judge, and United States, Appellees. CCA 200800183. Notice is hereby given that a writ-appeal petition for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals on application for extraordinary relief was filed under Rule 27(b) on this date.

Wuterich sitrep

October 29, 2010 | The Law Office of Philip D. Cave

Mercury News is reporting that United States v. Wuterich is delayed until 24 January 2011, pending a resolution of their issue of defense counsel representation. AP reports the same, as does The Canadian Press.

Harassing the defense?

September 18, 2010 | The Law Office of Philip D. Cave

We regularly get reports from clients and their families about being harassed by NCIS, CID, CGIS, OSI. In general what the client is reacting to is the law enforcement fishing expedition. During a law enforcement fishing expedition. This law enforcement fishing expedition is where they go around to friends and neighbors telling them what a bad person the client is and seeking more bad information. So what happens when the defense starts to get effective in their own investigation?

Here is a North County Times report:

The American Civil Liberties Union has filed a lawsuit against the Naval Criminal Investigative Service, its agents, Camp Pendleton military police and a San Diego Marine staff judge advocate on behalf of a North County woman who alleges they violated her constitutional rights with intimidation and harassment.

Wuterich sitrep

September 13, 2010 | The Law Office of Philip D. Cave

The Atlanta Journal-Constitution reports:

A major Iraqi war crimes case that has dragged on for five years hit another snag Monday when a military judge excused one of the attorneys for a Marine sergeant whose squad was charged with killing 24 Iraqis. The move by military judge Lt. Col. David M. Jones came only weeks before the trial is set to begin on Nov. 2. Jones granted the request by the civilian attorney, retired Marine Lt. Col. Colby Vokey, who asked to be withdrawn because of an undisclosed ethical conflict. . . .

Wuterich’s attorneys have filed a motion that seeks to have the case dismissed, arguing the defense has been compromised by the withdrawal of Vokey, the only defense attorney to go to Iraq to see the scene of the 2005 killings in the Iraqi village of Haditha.

Up periscope

September 8, 2010 | The Law Office of Philip D. Cave

North Country Times and Marine Corps Times report:

[T]he trial for Staff Sgt. Frank Wuterich was delayed until Nov. 1 because a key prosecution witness, a Naval Criminal Investigative Service agent, had a bad accident and is recovering from surgery.

Air Force Times reports:

More bulk prosecutions?

August 26, 2010 | The Law Office of Philip D. Cave

Yesterday I posted a Ramrod Five update and also the possibility that Dutch prosecutors may proceed against peacekeepers. Now UPI is reporting that:

A military prosecutor says she may pursue charges against several Australian troops in a raid in Afghanistan last year in which five children died.

Brig. Lyn McDade, the director of military prosecutions, says she is considering the unprecedented step of charging several Defense Force commandos, a move that has infuriated senior officers, The Sydney Morning Herald reported Thursday.

Wuterich update

August 20, 2010 | The Law Office of Philip D. Cave

North County Times reports:

Nearly five years after 24 Iraqi men, women and children were slain by a Camp Pendleton squad as it searched for a roadside bomber, the last man to face criminal charges from the incident is about to go on trial.

Wuterich’s trial —- which is scheduled to start Sept. 13 and last up to three weeks[.]

More confessions and admissions coming

April 19, 2010 | The Law Office of Philip D. Cave

WorldNetDaily reports that LTC Lakin will be confessing on G. Gordon Liddy’s TV show tomorrow.

The officer refusing Army orders until Barack Obama documents his eligibility to be president and commander in chief is hitting the airwaves tomorrow to answer questions about his challenge to the president.

Lt. Col. Terry Lakin is scheduled to be on the G. Gordon Liddy show tomorrow from 10-11 a.m. EDT.

Up periscope WE 270310

March 27, 2010 | The Law Office of Philip D. Cave

Sentencing Law & Policy reports:

This remarkable local story out of Montana, which is headlined "Man blames PTSD for child pornography downloads," reports on another notable sentence break given to a notable child porn offense. Here are the details, which spotlight many of the hottest issues in current federal sentencing debates:

An Iraq war veteran in Helena, who claimed that post-traumatic stress disorder contributed to his viewing child pornography, was sentenced Tuesday to two years in federal prison, to be followed by 10 years of supervised probation.