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Exclusive: Iraqi Ambassador Calls Haditha Ruling 'Encouraging'

Judge denies defense motion to drop charges for last Marine in Haditha killings.

ByABC News
March 22, 2010, 2:01 PM

March 26, 2010 — -- In what the Iraqi ambassador to the U.S. called an "encouraging" sign, the sergeant who allegedly led a squad of Marines into what became known as the Haditha massacre that claimed the lives of 24 Iraqi civilians in 2005 must stand trial, a military judge ordered today.

Judge Lt. Col. David Jones dismissed a motion from the defense to drop charges against squad leader Staff Sgt. Frank Wuterich. Lawyers for Wuterich, 30, argued that the general who leveled charges against Wuterich and seven other Marines was improperly influenced by a legal aide, Col. John Ewers, who had been involved in the shooting investigation.

But Jones ruled there was no "meaningful comment" between Gen. James Mattis, who brought charges, and Ewers, who had investigated the case as a military lawyer, The Associated Press reported.

"It is encouraging that this case has not been dropped," Iraqi ambassador to the U.S. Samir Sumaida'ie told ABC News. "I feel that the victims of that massacre deserve justice and that justice should be done."

Of the eight Marines originally implicated in the deadly shooting and the following alleged cover-up, six had their charges dropped and a seventh was acquitted.

Wuterich's attorney, Haytham Faraj, told ABC News Wuterich was "disappointed" about the ruling, but was "looking forward to the trial."

"Our guy is innocent of the thing he's accused of. When evidence comes out, it will become clear who shot whom and who should be on trial," Faraj said.

Sumaida'ie, whose family is from Haditha, said that Wuterich's trial could be a "vindication of the American system of justice."

"In terms of particular individuals and their cases, that is for the courts to decide," Sumaida'ie said. "But there are feelings obviously of sadness and bitterness that were left by this traumatic event, this tragedy. It is a stain on reputation of American forces that should be removed, that American military forces do not deserve."

Faraj said he understands the ambassador's frustration, but urged the public to view the trial with a discriminating eye.

"There were women and children that were killed," Faraj said. "Anytime people are killed, we should hold those responsible accountable, but we also have to take care not to lump everything together. That's where we go wrong... the person accountable should be held accountable, [but] not because he was in charge that day."

Wuterich's trial is set to begin in September.