Puckett & Faraj

The North County Times reported June 1, 2009, that the Marine Corps most senior officer, the Commandant, is determining the fate of Lt Col Chessani, after the military justice system has ruled unlawful command influence in the government case against him and dropped the charges.  It is up to the Commandant whether to recharge Lt Col Chessani again with dereliction of duty by not thoroughly investigating the deaths of 24 Iraqi citizens at Haditha in 2005.

Haditha, Four Years Later

Staff Sergeant Frank Wuterich, the leader of the Platoon charged with counts of murder occurring in November 2005, in Haditha, Iraq, still has not had his day in a military court-martial.   The loss of Iraqi civilian life occurred in November 2005, when members of his squad were clearing houses looking for the trigger man, who moments earlier had set off an IED that killed one Marine and severely wounded two others.  There were two official military investigations of the incident, and an in-depth NCIS investigation, taking another year and a half to complete.  However, 2007, the Hamdania murder cases were in the news, and the Marine Corps chose to take them to trial first, further delaying the Haditha cases.

Article 32 Hearings for Wuterich

In 2007, nearly two years later, the Article 32 hearings, similar to preliminary hearings, were underway with eight Haditha Marines facing charges.  As rarely happens in the military justice system, the results of various Article 32 hearings led to 6 of 8 cases being dismissed.  By the end of 2007, there remained only two Marines charged with manslaughter and failure to investigate, Staff Sergeant Wuterich and his Battalion Commander, LtCol Chessani, respectively.

Military Defense Lawyers

Staff Sergeant Wuterich’s civilian and military lawyers, Neal A. Puckett and Haytham Faraj, were ready for a court-martial in the spring of 2008, two and half years after the IED attack in Haditha.  During the military court pre-trial hearings, the government subpoenaed the outtakes from the CBS 60 Minutes Interview.  The judge quashed the subpoena.  Another subpoena was also quashed on First Amendment grounds.  The prosecutors appealed the military judges ruling twice, delaying swift justice for a Staff Sergeant Wuterich.  The first appeal has now been appealed to the Supreme Court of the United States.  The second appeal has just reached the first military appellate court.  In the meantime, the Battalion commander’s case has been dismissed due to unlawful command influence, and Staff Sergeant Wuterich, who is not allowed to attend professional military education or be promoted, is still waiting to go into a military court, having waited three and half years.  Most of the military lawyers involved with the case, including the military judge, have retired or transferred.

Military Defense Attorneys Puckett & Faraj, PC

The Law Firm of Puckett & Faraj, PC are the best military defense attorneys available, and have worked incessantly to bring Sergeant Wuterich’s case to trial. Neal A. Puckett and Haytham Faraj have pieced together the truth of what happened at Haditha, and are waiting for the opportunity to prove it in a military court-martial.  It is unconscionable that the US Marine Corps would delay justice for a Marine who, protected his platoon and executing his job on the battlefield in urban terrain should put his entire life on hold while the nuances of the Uniform Code of Military Justice are argued in an appellate process that takes years. The Law Firm of Puckett & Faraj, PC, defend the rights of all military members and work to support the fair treatment of our brave men and women.  If you or a member of your family is being investigated by the military, please call our toll free number for a free consultation, 877-970-0005; or contact us via Email.  Your questions will be answered and all communication is protected by the attorney-client privilege.