The Article 32 investigation for Sgt Frank Wuterich, USMC, is set to begin on 30AUG07 aboard Camp Pendleton. LtCol Ware will be the investigating officer. LtCol Ware was the investigating officer for LCpl Stephen B. Tatum and and LCpl Justin L. Sharratt, in both cases he recommended no charges.
Sgt Wuterich’s lawyer, Neal Puckett, a retired Marine Corps lawyer, said Sgt Wuterich “has nothing to hide. We have faith that the military justice system will support split-second decisions made during combat.”Given that the momentum has turned against the government it is likely that LtCol Ware will not recommend charges in this case.
Additionally, in his previous report LtCol Ware cited a number of evidentiary problems with the government’s case that will exist in Sgt Wuterich’s case also. These include inaccurate translations of witness statements, inability of the government produce Iraqi witnesses who would be required at a court-martial, inability to conduct an autopsy on the bodies, and unlawful command influence relating to the statements by the Honorable John Murtha.