MARINE PROSECUTORS WANT UNAIRED CBS "60 MINUTES" FOOTAGE OF MARINE CHARGED IN DEATHS OF 24 IRAQI CIVILIANS IN HADITHA, IRAQ

Staff Sgt. Frank D. Wuterich , a United States Marine squad leader, “apparently admits in an unaired segment of the CBS "60 Minutes" program that he did, in fact, order his men to ‘shoot first and ask questions later,’” on November 19, 2005 when 24 Iraqi men, women and children were killed in Hadithah, Iraq.


CBS wants to quash a subpoena by military prosecutors requesting the unused footage claiming it would make the news gathering organization into an investigative arm of the government.


Wuterich is scheduled to be court-martialed March 3.


CBS seeks to quash subpoena for Hadithah interview


By Chelsea J. Carter - The Associated PressPosted : Friday Feb 22, 2008 7:23:43 EST


http://www.marinecorpstimes.com/news/2008/02/ap_cbs_hadithah_080222/


CAMP PENDLETON, Calif. — Military prosecutors say unaired footage of a CBS “60 Minutes” interview given by a Marine squad leader contain admissions of crimes in an attack that killed 24 Iraqi men, women and children in 2005.


Staff Sgt. Frank D. Wuterich “apparently admits in an unaired segment that he did, in fact, order his men to ‘shoot first and ask questions later,’” Capt. Nicholas Gannon said in response to a motion filed by CBS seeking to quash a subpoena seeking the footage.


CBS is set to ask a judge Friday to throw out the subpoena during a pre-trial hearing for Wuterich, who faces voluntary manslaughter and other charges in the Nov. 19, 2005, deaths in Hadithah, Iraq.


In its motion, CBS said the subpoena would be “unreasonable and oppressive,” and turn a news organization into an investigative arm of the government.


“This fishing expedition is particularly inappropriate given the numerous other sources of information concerning the events underlying this court-martial,” according to the motion obtained by The Associated Press.


The subpoena stems from an interview aired March 15, 2007, on “60 Minutes” entitled “The Killings at Haditha.”


In that interview, Wuterich recounted to CBS News correspondent Scott Pelley his recollection of the events that led to the deaths.


The deaths occurred after a roadside bomb hit a Marine convoy, killing the driver of a Humvee and wounding two other Marines. Wuterich and a squad member, Sgt. Sanick Dela Cruz, allegedly shot five men by a car at the scene. Wuterich then ordered his squad into several houses, where they cleared rooms with grenades and gunfire, killing unarmed civilians in the process.


The manslaughter charge against Wuterich, 27, of Meriden, Conn., includes specifications of a personal role in at least nine killings, naming seven victims plus one or more unknown people, and the allegation that he ordered a lance corporal to kill someone.


In the CBS motion, attorneys Lee Levine and Seth D. Berlin contend there have been multiple government investigations into the Hadithah incident, and numerous witnesses provided statements to investigators.


California has one of the nation’s most protective statutes shielding journalists from prosecutors’ inquiries. The law generally allows journalists to decline to divulge unpublished material to state authorities, but the protection does not extend to federal courts, which include military courts.


CBS says testimony is available from eyewitnesses, including members of Wuterich’s squad who are not being prosecuted.


But prosecutors, who have previously said squad members are “far from cooperative,” say it is apparent to them from Pelley’s narration that Wuterich made admissions in unaired footage.


In the response, Gannon writes that Pelley’s questions and his narration are apparently based on information Wuterich must have provided during the interview.


The network had no comment on the subpoena or the pending hearing, said Sandra Genelius, a spokeswoman for CBS News.


Four enlisted Marines were initially charged with murder in the case and four officers were charged with failing to investigate the deaths. Charges against four of the men have been dropped, and none will face murder charges.


Still facing court-martial are Lt. Col. Jeffrey R. Chessani, who is charged with dereliction of duty and violation of a lawful order on allegations that he mishandled the aftermath of the Hadithah shootings; and 1st Lt. Andrew Grayson, of Springboro, Ohio, on charges of making false official statements, obstruction of justice and attempting to fraudulently separate from the Marine Corps.
Wuterich is scheduled to be court-martialed March 3.