A US marine accused of leading troops that allegedly massacred 24 civilians in Haditha will appear today for proceedings to determine if he should face court martial.
Sgt Frank Wuterich faces what is known as an Article 32 hearing in connection with the squad's fatal shootings of men, women and children on November 19th, 2005. Prosecutors say the killings were retaliation for the death of a fellow marine in a roadside bombing
The Haditha killings were among a series of apparent abuses by US soldiers in Iraqi towns and at the Abu Ghraib prison that caused outrage in Iraq and internationally.
Sgt Wuterich's attorney, Mark Zaid
Lawyers for Sgt Wuterich, one of eight marines originally charged in the Haditha case, were expected to argue in the hearing at Camp Pendleton, north of San Diego, that the civilians died during a chaotic house-to-house battle in and around the western Iraqi town.
"The argument is quite simple, that the narines that day were reacting to a hostile and dynamic environment and that their conduct, although it led to tragic results, was completely lawful," his attorney, Mark Zaid said.
"The civilians who died were collateral damage as part of a combat operation where insurgents would intentionally place civilians into harm's way."
Military authorities earlier this month dismissed charges against two of the marines, citing battle conditions against a "shadowy" insurgent enemy.
Murder charges were dismissed in April against Sgt Sanick Dela Cruz in exchange for his testimony and he was expected to be one of the first witnesses to testify against Sgt Wuterich. Four other Marines have still to be dealt with.
Sgt Dela Cruz testified in May he watched Sgt Wuterich shoot five Iraqi men whose hands were up near a car as they tried to surrender.
Sgt Dela Cruz admitted urinating on one of the corpses, saying he did so because his comrade had been ripped apart by the roadside bomb.