DRAFT Wuterich Summary Court-Martial Agreement Terms

[neal@puckettfaraj.com]

H,
Here is a draft.  I've revised the earlier one I sent.  I think we ask  
for a SCM in the following terms.  Any more we should add?  Let's talk  
before we decide WHEN to send these to Sullivan.

DRAFT DRAFT DRAFT
Mindful of the Hamdania cases, U.S. v. Nelson, U.S. v. Delacruz, U.S.  
v. Sharratt and U.S. v. Tatum, here is our best and final offer of  
terms:


1) All current charges expressly dismissed with prejudice by way
of a formal dismissal letter and a new charge sheet with one  
specification of negligent dereliction of duty with no reference to  
causation of any deaths referred to SCM.
2) Wuterich agrees to accept trial by SCM and plead Guilty.
3) DoJ grant of immunity from prosecution for any crimes arising from or
related to the events on 19 Nov 2005 in Haditha, Iraq, through the  
present signed by the Dep
AG/Criminal Division, or any other official who has authority to bind DoJ.
4) Disapprove reduction in grade
5) Forfeitures and any other punishments, may be approved as adjudged
6) Agreement not to initiate any administrative discharge proceedings
7) Agreement to endorse reenlistment request enthusiastically  
recommending approval by all levels of his chain of command

We can schedule the hearing for November.  We can also refrain from any
public media comments adverse to any aspect of the investigation or
prosecution if these terms are approved.

Neal A. Puckett, Esq.
LtCol, USMC (Ret)
The Law Firm of Puckett & Faraj, PC
Washington DC - San Diego CA
www.puckettfaraj.com
888.970.0005