AP News, April 18th, 2007
The Marines Corps says murder and a second charge against a sergeant have been dropped and that he will testify at the trials of fellow Marines accused in the deadliest criminal case to arise from the Iraq war.
Sgt. Sanick P. Dela Cruz, 24, had been charged with unpremeditated murder in the death of five Iraq civilians. Lt. Gen. James Mattis made the decision to dismiss the charges against Dela Cruz on April 2 and grant immunity. The announcement was made Tuesday without explanation.
"Dela Cruz is required to testify," Marine spokesman Lt. Col. Sean Gibson said.
Dela Cruz's Marine squad had suffered a fatality on Nov. 19, 2005, when its convoy was rocked by a roadside bomb blast. In the aftermath of the explosion, the troops are accused of killing 24 Iraqis in Haditha.
Lt. Gen. James Mattis made the decision to dismiss the charges against Dela Cruz on April 2 and grant immunity. The announcement was made Tuesday without explanation.
"Dela Cruz is required to testify," Marine spokesman Lt. Col. Sean Gibson said.
Dela Cruz's attorney, Dan Marino, declined to comment on the case.
Four enlisted Marines were charged with unpremeditated murder, and four officers were charged with failing to adequately report the deaths.
The troops have maintained their innocence, saying they believed they were under attack and followed proper procedures to defend themselves.
Dela Cruz could be a potent witness for the prosecution. However, it's not clear whether his compelled testimony will undermine his fellow Marines' claims or support them.
Attorney Neal Puckett, who represents squad leader Staff Sgt. Frank D. Wuterich, who is charged with 13 counts of unpremeditated murder, said Dela Cruz is "at liberty to say whatever he wants to say."
Aside from the murder charge, Dela Cruz faced one charge of making a false official statement with intent to deceive. He faced a possible life sentence, dishonorable discharge, dismissal and forfeiture of pay.
The Marine Corps announced the charges in December, but there have been no preliminary hearings and no court dates have been finalized. What would have been the first hearing in the case, for another Marine accused of murder, was recently delayed at the government's request.
