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 squad, on Staff Sergeant Jones’ orders, independent from Cpl Siddiqi’s exclamation, did exactly that. An investigation showed Cpl Siddiqi’s off-handed comment prompted the beating. The others in the squad have been convicted and served sentences for this act. Cpl Siddiqi was subjected to non-judicial punishment for his role in the incident.

If Siddiqi had been convicted, after release from the military brig and discharged from the Corps, he would have been liable to deportation by the Immigration and Customs Enforcement Agency. Returning back to Afghanistan, his native country he left at age 2, may have jeopardized his safety due to his role in the US military.

Foreign-born members of the military are eligible for US Citizenship as defined in the Immigration and Nationality Act (INA). Additionally, Executive Order Number 13269, dated July 3, 2002, declares that all those serving honorably in active-duty status in the Armed Forces of the United States at any time on or after September 11, 2001, are eligible to apply for naturalization in accordance with the Service during Hostilities statutory exception in Section 329 of the INA.

Mr. Faraj conveyed to the Government that this U.S. Marine from Afghanistan faced the possibility of deportation back to Afghanistan in the event of a conviction. The Government agreed to dismiss the charges if he would admit to lying and accept an administrative reprimand. This Marine is facing only a written reprimand, not a misdemeanor conviction, as the Marine Corps Times incorrectly reports.

Specialist Winfield’s parents are not speaking publicly about their son or the charge pending against him. The Firm is conducting its own investigation and is not immediately prepared to comment on the case. However we anticipate being prepared to comment as early as the first week in July.

We appreciate the media extending the courtesy of privacy to the Winfield family. The Firm partners Neal A. Puckett, Esq. and Eric S. Montalvo, Esq., will be representing Specialist Winfield in all future military justice proceedings. The Firm can be contacted via our website; Email info@puckettfaraj.com; and via phone 703-706-9566, 9AM to 5PM Eastern, Monday through Friday.

We are a general litigation firm with over 100 years of combined professional and legal experience. We focus our practice on representing clients in federal courts, military courts and administrative boards. We help our clients get their lives back by defending them against criminal charges in certain state, federal and military courts. We also specialize in representing clients who have been injured by the negligence of doctors in Military hospitals, VA hospitals and other federal medical facilities. We also represent federal government employees in all matters related to their federal employment including termination, suspension, denial of benefits, work place harassment, denial or revocation of security clearances and other employment related matters.

Mr. Eric S. Montalvo, is a retired Marine Corps judge advocate and brings over 23 years of experience to military criminal and administrative law, national security law, USERRA actions, as well as Discharge Upgrades and Board for Corrections of Military and Naval Records. Mr. Peter R. Masciola is an attorney specializing in military medical malpractice, Federal Tort Claims Act, Military Claims Act, military accidents, military healthcare provider credential adverse actions or serious personal injury. Mr. Kenneth Nicholson is a retired Marine staff non-commissioned officer who brings over 22 years of experience to the Firm.

The new office is located across from the King Street Metro Station in the building known as King Street Station (above Joe Theismann’s Restaurant) at 1800 Diagonal Road, Suite 210, Alexandria, VA 22314. We can be reached from 9 AM to 5 PM Eastern time at 703-706-9566.

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.