Woke up to get a drink of water and checked emails. My bad.
We're over-thinking this, and for once, that's a good thing.First, any deal should either have members for sentencing OR complete confinement and discharge protection: Disapprove confinement; Disapprove punitive discharge; period. Why? Do not forget a lesson we learned about Sullivan: You know our good friend, Dan (Marigliano) Marino, told Sullivan to shove it up his ass and he'd get not one word out of his client unless all charges against Dela Cruz were dismissed WITH prejudice. Maybe he's a better lawyer than you or me. Because he knew that Sullivan needed his boy. And you know that Sullivan agreeing to seat members in exchange for us giving him a two-dereliction conviction is 1% of the work of a contested trial that might result in an acquittal. The reason Sullivan is saying Wuterich can go on his merry way without any homicides is that they now KNOW they can't win those anyway. They KNOW it. And the reason he said no members is NOT the inconvenience, it's because they KNOW members might just give him no confinement and no discharge. Sullivan knows that, partner! But they are trapped by a misleading bill of goods they've now sold 3 CAs in a row. "Wuterich killed kids. He said in the only statement he made that 'we cleared the houses' and 'we did not establish PID.'" So they're trying to buy some way to save face as cheaply as it can be bought. I think it's our job to make sure they pay full fare for their shortcut in order to fully protect our client.
Second, Wuterich is a smart guy. No deal that WE can live with should go to them without first being thoroughly discussed with Wuterich. Let him decide if he can live with it before we submit it. They are trying desperately to salvage pinpoint criminal liability in one Marine iaw their original theory and fear they won't get there unless he pleads. When you thought last night, "why should Wuterich go to jail when everyone else, including culprits in some bad acts, walk?" The true answer is: he shouldn't, unless HE can live with that result, morally. But if, in discussions with him, he asks this same question, the bottom line is back to item 1: He should get a no confinement, no discharge deal, or at least some deal that makes that outcome reasonably achievable by us, like two negligent derelictions (which I sold him on 18 months ago). Remember he's over 4 yrs past his EAS (June 2006) and they can simply refuse to reenlist him and show him the door. If they want this shortcut badly enough, he ought not to have to go to the brig.
Also remember, the media impact of revealing the horror of the truth in open court, (that a gruesome, unforgivable slaughter of innocent women and children was committed by Tatum and Sharratt and the prosecutors convinced general officers to let them walk, all because they ignored evidence that didn't support their neat and tidy theory that only one guy was responsible), will forever label Sullivan as the most incompetent prosecutor in the history of military justice, and do tremendous harm to the image of the Marine Corps as collateral damage. Maybe he needs to know that. Maybe he needs to hear that from us; except that once he does, he may be able to insulate Tatum and Sharratt from some of our better cross examination and we lose the element of surprise.
Just some non-random thoughts.
Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC Washington DC | San Diego 888.970.0005
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On Aug 12, 2010, at 12:34 AM, Haytham Faraj wrote: Hey partner, I drafted the below email tonight and I couldn’t hit the send button. I get worked up about settling this case and then I think why should Wuterich go to jail when everyone else, including culprits in some bad acts, walk. The Government failed in Hamdaniya, Fallujah, and so far in Haditha. I wanted to sleep on this and have you review it before I send it. Sometimes I don’t know what’s good for me. Nick, I have attached Part I and Part II of our PTA. Neal and I have discussed this a long time. Neither of us want to waste our time and I know you can’t afford to waste any time either. This is the ONLY offer we can sell to our client. He will not be provident to anything else. He will plead guilty to one spec of violating a lawful order. It is now drafted as a dereliction charge under Charge 1 spec 2. We will agree to change the language to have it be a violation of a lawful general order to follow the ROEs be telling his Marines to shoot first and ask questions later. The other guilty is to a negligent dereliction charge under spec 3 of the same charge. We want a 12 month cap on confinement, disapproval of all forfeitures and DD protection. We also want agreement that no photos will be shown in aggravation. If you can agree to these terms we can work on hammering out the rest of the details. See you next week. Haytham Faraj, Esq. PUCKETT & FARAJ, PC _______________________ WASHINGTON DC METRO 1800 Diagonal Road Suite 210 Alexandria, VA 22314 703-706-0442 Phone DETROIT METRO 6200 Schaefer Road Suite 202 Dearborn, MI 48126 313-457-1390 Phone 202-280-1039 Fax The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution.
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