Puckett & Faraj

Press Release – Camp Pendleton, CA., August 27, 2010. Haytham Faraj, Esq., of the Law Firm of Puckett & Faraj, PC filed a motion requesting the USMC military judge dismiss the case against SSgt Frank Wuterich due to the retirement of his military attorneys.

SSgt Wuterich has waited nearly 5 years for his trial to begin and in that time, both of his military assigned attorneys retired without the government ascertaining if the retirements would interfere with the right to counsel and the established attorney-client privilege. Mr. Faraj argues the government failed to properly provide SSgt Wuterich his legal rights because they directed the retirements without first gaining the expressed consent of SSgt Wuterich nor did they show good cause for the severance of the attorney/client relationship before a military judge.

Recent ruling from a top-level military appeals court (United States v. Hutchins NMCCA 200800393), indicate that a retirement from active duty is not considered a good cause to severe the client’s privilege of an appointed attorney relationship and representation. The SSgt Wuterich defense team, Haytham Faraj and Neal A. Puckett are arguing that their client’s rights have been violated and cannot be repaired by any action. Thus, the only action remaining under the law is for the military judge to dismiss the case against SSgt Wuterich.

The judge’s ruling on this motion is not expected for two weeks.

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