In the case of a marine accused of killing 24 Iraqis, the prosecutor argued that newsgathering protections are not recognized within the military justice system. CBS news claims that legal precedents allow them to withhold the tape of a 60 Minutes interview which they say contains nothing relevant to the prosecution. -DB
nbcwashington.com
March 12, 2009
SAN DIEGO – Marine Capt. Nicholas Gannon, who is pursuing charges against Staff Sgt. Frank Wuterich, 28, of Meriden, argued during a Camp Pendleton court hearing Wednesday that news gathering protections do not apply to journalists within the military justice system.
Footage of a CBS “60 Minutes” interview with a Connecticut Marine squad leader accused of killing 24 Iraqis should be disclosed, a military prosecutor said.
Marine Capt. Nicholas Gannon, who is pursuing charges against Staff Sgt. Frank Wuterich, 28, of Meriden, argued during a Camp Pendleton court hearing Wednesday that newsgathering protections do not apply to journalists within the military justice system.
“The question is unresolved on reporter privilege and it’s not for this court to decide,” Gannon told Lt. Col. Jeffrey Meeks, who is presiding over the case, according to the San Jose Mercury News.
Wuterich faces voluntary manslaughter and other charges in the Haditha deaths, which happened after a roadside bomb hit a Marine convoy, killing a Humvee driver and wounding two other Marines.
Military prosecutors said they believe the interview given by Wuterich contains admission of crimes in the attack in Haditha, Iraq, on Nov. 19, 2005.
CBS attorney Carl Benedetti, told the San Jose Mercury News that the portions of the interview that were not broadcast contain no material relevant to the prosecution. He also argued that a wide range of federal court case law protects journalists from being compelled to disclose all of their work product.
Copyright nbcwashington.com 2009