Fw: Wuterich -- Comment

["Don Greenlaw" <dgreenlaw@cox.net>]

Forwarded.

Semper fi,
Don Greenlaw
----- Original Message ----- 
From: Clo Shivnan
To: W. Heidi Hamilton
Cc: Skip Franklin ; sandy damitz ; Don Greenlaw ; usmcmaxinkc@aol.com ; 
frank albano ; Terry Pennington ; Virginia McDougall
Sent: Friday, January 06, 2012 9:44 PM
Subject: Re: Wuterich -- Comment


Awesome job  Heidi!

Just read in NC Times that Judge Jones will not let Chessani testify on 
behalf of Frank.  Was there any discussions on this?

What time does Monday start at?


The definition of Insanity - Doing the same thing over and over but 
expecting different results.




From: W. Heidi Hamilton <hamheidi@gmail.com>
To: Skip Franklin <Skipcya@yahoo.com>; Don Greenlaw <dgreenlaw@cox.net>; Clo 
Shivnan <clodagh2911@yahoo.com>; sandy damitz <lilsolitaire@hotmail.com>; 
usmcmaxinkc@aol.com; Terry Pennington <tpennington@hawaii.rr.com>; frank 
albano <fbalbano@cox.net>; Virginia McDougall <vmcdougall@att.net>
Sent: Friday, January 6, 2012 8:05 PM
Subject: Wuterich -- Comment


I was at the court-martial for the first 2 of 3 days...  You should be able 
to read about the main highlights in the newspapers and tweets, and Clo when 
she can make it -- my intention is to cover some of the lesser known goings 
on along with some details that I find important or interesting...


There are 3 locations of killings at issue: Roadside (car of 5 men), House 
#1, and House #2.   (Haditha, Iraq, corner of Chestnut and Viper roads)  No 
noncombatant was killed by IED, just the beloved LCpl Miguel Terrazas (T.J.) 
and 2 others wounded.


Military Judge is LtCol David Jones in from Okinawa.  I like him.  He is on 
the job, down to earth, not a stranger to working with the Defense team and 
therefore would be giving Faraj some leeway with voire-dire to Panel (Jury).


Defense:  Neil Puckett, Haytham Faraj, Major Marshall (female who used to 
work on prosecution side so they made a huge big deal about Wuterich being 
able to trust she will do all she can for Frank (almost overkill probably 
due to Hutchins NOT getting clear instruction), with another female on a 
computer hooked up to a printer (awesome fingertip technology!) and another 
man in uniform that runs errands, etc.    I WOULD WANT THIS TEAM!!


Government:   Major Nickolas Gannon and LtCol Sean Sullivan...



JANUARY 4, 2012 -- WEDNESDAY
Sorting out the rules of "the game":  Faraj won on the identification of the 
civilian dead using NAMES not numbers as the prosecution wanted.  Faraj was 
very clear that his client was NOT up on manslaughter charges for killing 
numbers.   Gannon (Gov.'t prosecutor) wants to present pictures of dead men 
from vehicle to be silhouetted....  Faraj said problem with who is 
testifying as to the identity....    There will be total imagery of men from 
car, Houses #1 & #2 victims will be silhouetted.....


Plans for Gannon's Opening are:  Film outtakes from a CBS interview that 
were never aired -- something to do with Wuterich's statement about a shoot 
first, ask questions later statement -- can't wait!!     Along with pictures 
of the dead men at roadside, then house 1 and house 2....


Gov't estimates 2 weeks needed for their case but will know more in 5 
days...


Defense needs 1 week but it depends on the 23 witnesses to be called on and 
what may transpire....


While off the record, Gannon told the court how he was having trouble with 
one of the Defense witnesses (Hector Salinas), in my notes I had written, 
"May or may not show up."....   But ON the record, he apologized in case he 
had tainted the reputation of Salinas or lead anyone to believe that Salinas 
was being anything but cooperative that he had heard back but just not in as 
quick a fashion as Salinas had been responding......   Dirty Rat 
Gannon.......


January 4 through February 3 is the official time allotted for this 
court-martial......


JANUARY 5, 2012 -- THURSDAY
More sorting out issues -- main thing for me is how adamantly Faraj stood 
defense ground in behalf of his client.  Lots of discussion regarding 
questions and instructions for panel members before potential members showed 
up at 10:00.   At one point, Gannon was going on about how he would like to 
educate the members as to how Article 25 was used for jury selection.... 
Faraj wouldn't hear of it since he had seen no proof of anything as to how 
the jurors were selected, more importantly, Faraj wanted to have the members 
understand that IT WAS THE SAME GOVERNMENT THAT SENT WUTERICH INTO BATTLE 
THAT WAS NOW SELECTING A JURY TO DECIDE HIS FATE.  BRAVO!!


I forget exactly which point of issue was in dispute (sorry!) that Faraj 
would not stand for almost yelling, "It would not make sense because then my 
client would never have entered those houses and we wouldn't be here 
today!!"   It had something to do with the government's interest or 
something.....    But Faraj was unyielding!!


There are now only 3 charges against Wuterich and I think the Judge said the 
first has 1 specification, the second has 9, and the third has 2 -- We'll 
all get educated as this unfolds...


As the Panel entered, all I saw was a bunch of old, weathered guys, spotted 
maybe 2 having some youth, and hoped they had human hearts and combat 
minds...   Through the Judge's questioning, I think it is possible.  Two 
things:  1.  LtCol Judge Jones was superb on the general instructions... 
When emphasizing that if a guilty verdict was arrived at, it did NOT mean 
there had to be ANY punishment, maybe just time served only, up to a maximum 
of a dishonorable discharge and 152 1/2 years in prison.   He gave an 
example of how if anyone had a specific punishment in mind for a particular 
act, they did NOT belong on the panel....   2.  When asked which of the 
members had read or heard of anything regarding what happened in Haditha and 
those involved, most raised their hands. (I could not see all of the members 
due to the giant electronic central podium in my way).   Evidently 2 or 3 or 
4 did NOT raise their hands and all I could think of was -- they're liars! 
How could they NOT have heard or read something about Haditha?


Just a thought:  IF LARRY HUTCHINS REMAINS IN THE BRIG AS AN EXAMPLE TO 
OTHER MARINES AS TO WHAT NOT TO DO IN COMBAT, HOW COULD THE HADITHA GUYS NOT 
BE TALKED ABOUT IN SOME KIND OF TRAINING -- SET LARRY FREE, THE "WARNING" TO 
OTHER MARINES IS USELESS!!!!!!!!!


The Gov't. has 23 witnesses lined up and Gannon is starting with Col Watt 
who did the AR 15-6 investigations (see Bargewell Discovery report).... 
This list is fantastic and I can't wait to see some of these great men 
again!!!!  And, we'll get to meet David and Rosemary Wuterich, the 
parents.....


I left at lunchtime....   The hopes that opening statements would begin on 
Friday are dashed.....


Oh, and Gannon wants there to be NO INTERRUPTIONS during opening 
tatements  --  I hope I don't have a sneeze attack or have to vomit!!


JANUARY 6, 2012 -- FRIDAY


Was not there but got word 8 of 11 potential Panel Members stay -- Am 
wondering if the 3 that got the boot today were the ones who hadn't read or 
heard a thing about Haditha.....  BTW, 6 of the original chosen to be 
members were non commissioned, now there are 4.....


Oh, Skip and I told Frank on Wednesday that so much time had gone by, we 
were now referring to him as the OLD man instead of the young guy....


www.twitter.com/puckettfaraj   for latest news......


Heidi