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Marine wins key ruling in Haditha case

Lance Cpl. Ryan E. Lloyd, a 19-year-old Marine infantryman from Bridgeville, Del., greets Iraqi children while on patrol in Haditha, a city of 30,000 in Iraq’s Al Anbar Province on October 15, 2006. (UPI Photo/Luke Blom/USMC)
Lance Cpl. Ryan E. Lloyd, a 19-year-old Marine infantryman from Bridgeville, Del., greets Iraqi children while on patrol in Haditha, a city of 30,000 in Iraq’s Al Anbar Province on October 15, 2006. (UPI Photo/Luke Blom/USMC) | License Photo

CAMP PENDLETON, Calif., March 24 (UPI) -- A judge wants proof that generals did not unduly influence the case of a U.S. Marine charged in the killing of 24 Iraqi civilians in Haditha, officials said.

In a key ruling Tuesday, Lt. Col. David Jones, a military judge, ordered prosecutors to prove beyond a reasonable doubt that generals did not use what the military calls undue command influence in sending Staff Sgt. Frank Wuterich, 30, to a court martial.

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Jones ruled Wuterich's lawyers had successfully shown there was the possibility such influence had been used against Wuterich, who is charged with manslaughter, aggravated assault, reckless endangerment, dereliction of duty and obstruction of justice in the killings in 2005.

The ruling could lead to the case being dismissed, the Los Angeles Times reported Wednesday.

Of eight Marines charged in the killings, six have had their cases dismissed and one was found not guilty. Wuterich was the squad leader when Marines began searching buildings in Haditha after a bomb killed a fellow Marine.

The 24 Iraqi civilians were killed during the search. None were ever shown to have had insurgent ties or to have been linked to the bombing that killed the marine.

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