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.

Frank has been working at Camp Pendleton since the investigation began in the Spring of 2006. The incident at issue involves the deaths of civilians in the town of Haditha, Iraq, on 19 November 2005.

The day began with the ear-splitting explosion of a command-detonated Improvised Explosive Device (IED) under a Marine Corps HWMMV on a resupply mission, killing one Marine and seriously wounding two others. The explosion was followed by the appearance of a car full of military-aged Iraqi males who scattered when commanded to get down on the ground to be searched and had to be engaged with rifle fire by a Corporal in SSgt Wuterich’s squad.

Immediately after, the squad was taken under fire by a sniper hiding behind an Iraqi home in the residential neighborhood where the IED was detonated. A quick reaction force arrived with SSgt Wuterich’s platoon commander, who ordered SSgt Wuterich and his Marines to clear the houses in the vicinity of the sniper. The Marines cleared one house and saw someone dart toward an adjacent house. The Marines cleared that house as well.

SSgt Wuterich’s Marines cleared the houses strictly in accordance with their pre-deployment training and in strict compliance with the Rules of Engagement for Operation Iraqi Freedom at the time. Yet a tragically flawed criminal investigation initiated by NCIS several months after all physical evidence was gone concluded that several Marines should face criminal charges. All but one, SSgt Wuterich, had their charges dismissed for lack of evidence of criminal wrongdoing.

It has become apparent to his attorneys at The Law Firm of Puckett and Faraj, PC, Neal A. Puckett and Haytham Faraj, the Marine Corps simply cannot bring itself to see the truth that Marines in contact with the enemy are required to be tough, aggressive and lethal. If the enemy chooses to launch its attack (the first of several in Haditha that morning), square in the middle of a residential neighborhood, then we believe that they anticipated and perhaps manipulated the Marines into the inevitability that civilians could be injured or killed in the defense of the Marines who survived the initial IED explosion and sniper fire.

We who defend him have been able to sustain this nearly five-year representation of Frank Wuterich thanks to unsolicited donations from all across America. Frank’s parents have a website (Frank Wuterich) providing more information about him. We will be providing updates on the case between now and its conclusion in late September.

SSgt Wuterich

The Law Firm of Puckett & Faraj, PC wish to thank all the concerned Americans who have written in to express their support for the SEALs, written letters to the senior Military leaders, or donated to the defense funds of the Navy SEALs. We’d also like to thank the military defense counsels, LT Kevin Shea and LT Kristen Anastos, USN whose dedication to justice was unwaivering.

Every single thought, offering of expertise, letter written on the SEAL’s behalf, blog or social network that spread the word, and donation received for the three SEALs has been very much appreciated. The Law Firm of Puckett & Faraj, PC would especially like to thank those who made extra efforts to set up defense funds for the SEALs, organize rally’s, and take their time, effort and money to raise funds for the SEALs. We could not have succeeded without each and every person who volunteered their time.

Thank you one and all for everything you did. This is a great victory for the SEAL and Special Forces communities. May they all continue to do their jobs, unafraid of prosecution from our own government. Thank you for your service to our country!

Neal A. Puckett, Esq. and Haytham Faraj, Esq.

SO2 McCabe’s Attorney, Neal A. Puckett, Esq., will be interviewed on FOX’s “Special Report, with Bret Baier” tonight during the 6PM – 7PM Hour Eastern. Tune in for the latest information on the cases.

Well Matthew McCabe cares! The Law Firm of Puckett and Faraj cares! SO2 McCabe will be making an announcement at the SEAL Rally on Saturday in Scottsdale. He will reveal something he has known since September 1st of last year. Do not miss this surprise that will crack the SEAL cases wide open!

Of the five potential witnesses, two of them are officers who led the SEAL detachment that captured Ahmed Hashim Abed in Fallujah, September 2009. The attorney for SO1 Huertas appeared in court on March 12th to request the military judge stop the proceedings due to the lack of immunity granted to these witnesses.

This motion to abate the proceedings argues that a fair trial of the Navy SEALs cannot proceed unless these 5 Sailors are provided immunity and testify. The military judge order Major General Cleveland to grant immunity to the witness by March 26, 2010 or he would stop the court-martial.

Reps. Burton, Rohrabacher To Renew Call For Exoneration Of Navy SEAL Three On Thursday

Press Conference Will Feature Over A Dozen Retired Special Forces Personnel, Plus An Update On The Pending Trials

WASHINGTON, D.C. – On Thursday, March 4, at 3:00pm, Reps. Dan Burton (R-IN-05) and Dana Rohrabacher (R-CA-46), will be joined by over a dozen retired Navy SEALs and other special forces personnel to host a press conference calling for the exoneration of the three Navy SEALs accused of mistreating al-Qaeda terrorist Ahmed Hashim Abed.

Who:
Rep. Dan Burton (R-IN-05)
Rep. Dana Rohrabacher (R-CA-46)
Neal Puckett, Lt. Col, USMC (Ret.), attorney for Matthew McCabe
Mr. Haytham Faraj, attorney for Matthew McCabe
Captain Larry Bailey, retired U.S. Navy SEAL
Over a dozen retired Navy SEALs and other special forces personnel

When:
Thursday, March 4, 3:00pm

Where:
The Capitol Visitors Center, Room HVC-201
Washington, DC

Background:
In September 2009, SEALs Matthew McCabe, Julio Huertas, and Jonathan Keefe, were part of a team that captured Ahmed Hashim Abed, the al-Qaeda mastermind behind the murder and mutilation of four American contractors in Fallujah in 2004.

In December 2009 and January 2010, the SEALs were arraigned in military court on charges of abusing Abed and giving false statements to investigators.  At that time, Reps. Burton and Rohrabacher, along with 38 other members of Congress, asked Major General Charles Cleveland to drop the charges, but the effort was unsuccessful.

With the trials set to begin for Huertas and Keefe in April and McCabe in May, Reps. Burton and Rohrabacher will again call for their exoneration and show the signatures of over 100,000 Americans on petitions that have called for the same.  The Representatives plan to deliver those signatures to Maj. Gen. Cleveland and Admiral Gary Roughead, Chief of Naval Operations.

Neal Puckett and Haytham Faraj, attorneys for Matthew McCabe, will provide an update on the case.

Capt. Larry Bailey, a Navy SEAL and combat veteran who served in the U.S. Navy from 1962-1990 will speak about the impact of this case on SEALs in the battlefield.

Tonight, Thursday Feb 18, 2010, CNN Anderson Cooper’s 360 will highlight the case of CPT Roger Hill and Dog Company, 1-506^th Infantry.  We expect a fairly in depth look at the circumstances surrounding CPT Hill’s case, totaling around 30-35 minutes of total story line, interview, commentary, etc.  The focus is on the need for more effective Rules of Engagement (ROE) and detention policies to better match up to the asymmetric enemies we face today, especially in NATO led Afghanistan.

In the Fall of 2008, CPT Hill and his men faced Army criminal charges of detainee abuse.  Because they received no support or instructions from their higher headquarters, they attempted to get confessions from detainees of probable Taliban ambushes of US forces.  They would have to release the detainees unless they had evidence through confessions to turn them over to the Afghanistan forces.  Without confessions, the detainees were to be let free to continue their liaison with the Taliban from inside the US forward operating camp.