Will Murtha Redeploy To Elevators Again After This?

This can't be good for Rep. Jack Murtha, who smeared the good names of several US Marines who were involved in an incident in Haditha that Murtha claimed was nothing but cold-blooded murder. It was his way of supporting the troops after all.

The presiding officer in the case, Lt. Col. Paul Ware, wants to dismiss the remaining murder charges against Sgt. Frank Wuterich and calls for criminally negligent homicide charges be brought instead.

The official, Lt. Col. Paul Ware, said in a recommendation obtained by the North County Times that rather than face murder charges, squad leader Staff Sgt. Frank Wuterich should be tried for the lesser offense of negligent homicide in the deaths of five children and two women.

Ware recommended 10 other murder charges against Wuterich be dismissed.

"I believe after reviewing all the evidence that no trier of fact can conclude Staff Sgt. Wuterich formed the criminal intent to kill," Ware wrote in reference to the women and children. "When a Marine fails to exercise due care and civilians die, the charge of negligent homicide, and not murder, is appropriate."

Ware's report, issued to prosecutors and defense attorneys this week, found the evidence against Wuterich contradictory. Ware's role as the case's investigating officer is akin to that of a judge presiding over a pretrial hearing.

"The case against Staff Sgt. Wuterich is simply not strong enough to conclude he committed murder beyond a reasonable doubt," Ware wrote. "Almost all witnesses have an obvious bias or prejudice."

Of course, Murtha will attempt to claim that a conviction will vindicate his claims, even if not for the same crimes as alleged (in cold blood). He'll also try and spin that the incident occurred because of the pressures of fighting and fatigue and exhaustion, which can be used to attack the Administration and not the Marines directly.

As it is, charges have been dropped against the other Marines directly involved in the incident as they were operating within the rules of engagement at the time.