Armed Polite Society

Main Forums => The Roundtable => Topic started by: roo_ster on September 25, 2008, 12:21:49 PM

Title: Exonerated Marine to sue Rep. Murtha
Post by: roo_ster on September 25, 2008, 12:21:49 PM
Can't say I blame the jarhead.

==============

http://www.post-gazette.com/pg/08269/914907-85.stm

Exonerated Marine to sue Rep. Murtha
Thursday, September 25, 2008
By Dennis B. Roddy, Pittsburgh Post-Gazette

One of the Marines cleared in the killings of Iraqi civilians in the town of Haditha plans to sue his congressman today for statements he says defamed him and other members of his squad.

Former Marine Lance Cpl. Justin Sharratt, 24, of Canonsburg, will file a civil lawsuit against U.S. Rep. John P. Murtha, D-Johnstown, who was widely quoted two years ago saying that eight Marines carried out a cold-blooded killing of 24 civilians in the Iraqi town on Nov. 19, 2005.

Charges were later dropped against all but one of the Marines, with a military prosecutor calling allegations against Mr. Sharratt "incredible."

Noah Geary, a Washington County lawyer representing Mr. Sharratt, said his client will file suit today in U.S. District Court in Pittsburgh accusing Mr. Murtha of violating his constitutional rights as well as slander for statements about the Haditha incident. A 1:30 p.m. news conference has been planned to announce the suit.

"He just held innumerable press conferences, just repeatedly kept saying this was cold-blooded murder," Mr. Geary said of the congressman.

While Mr. Sharratt killed three insurgents, Mr. Geary said, he followed the rules of engagement for combat.

The Haditha incident remains a political flash point in the Iraq War, with critics saying Mr. Murtha, a Marine Corps veteran of Vietnam, defamed American troops.

Mr. Murtha could not be reached last night and a spokesman did not respond to a message requesting comment.

One of the Marines at Haditha, squad leader Frank Wuterich, sued Mr. Murtha shortly after the congressman's first public remarks at the beginning of 2006. That lawsuit has been in abeyance as Mr. Wuterich remains the only member of the eight-man squad still facing charges in connection with the deaths.

Prosecutors accused Mr. Wuterich, the staff sergeant, of leading some members of his squad to attack Iraqi civilians as revenge for a roadside bomb that killed one Marine and wounded two others. The defendants said any civilians who died were killed unintentionally, caught in the crossfire of a battle that broke out with insurgents after the blast.

Mr. Geary said Mr. Sharratt shot three individuals later identified as insurgents.

In the year after he was cleared, Mr. Sharratt left the Marine Corps. His father, Darryl, said he telephoned Mr. Murtha's office more than 40 times seeking an apology.

Sometime last year, Darryl Sharratt said, he reached the congressman personally.

"He kept skirting the issue," Darryl Sharratt said. "This was right after Justin was exonerated and at no time did he acknowledge the fact that Justin was exonerated. He played the role of politician."
Title: Re: Exonerated Marine to sue Rep. Murtha
Post by: 280plus on September 25, 2008, 12:23:36 PM
Couldn't happen to a nicer SOB.  angry
Title: Re: Exonerated Marine to sue Rep. Murtha
Post by: Josh Aston on September 25, 2008, 01:29:08 PM
Give 'im hell!
Title: Re: Exonerated Marine to sue Rep. Murtha
Post by: Standing Wolf on September 25, 2008, 02:34:45 PM
Once in a great while, assault lawyers have their uses. This seems one of them.
Title: Re: Exonerated Marine to sue Rep. Murtha
Post by: 280plus on September 25, 2008, 03:22:36 PM
Yup, another guy that needs a good swift kick in the ass.
Title: Re: Exonerated Marine to sue Rep. Murtha
Post by: g3shooter on September 25, 2008, 04:07:02 PM
This is gonna be good...best of luck to the Marine. grin
Title: Re: Exonerated Marine to sue Rep. Murtha
Post by: Bruce H on September 25, 2008, 05:34:54 PM
Personally I would rather he go completely midevil on Murtha. That is just one jarheads opinion.
Title: Re: Exonerated Marine to sue Rep. Murtha
Post by: Bob F. on September 25, 2008, 06:34:18 PM
Someone have the wherewithall to set up a Sharratt legal fund? SUE THE BASTARD!!!!!!!!!
Title: Re: Exonerated Marine to sue Rep. Murtha
Post by: De Selby on September 25, 2008, 07:01:15 PM
Once in a great while, assault lawyers have their uses. This seems one of them.

"Assault lawyers"?

All I can say is, I hope this poor guy isn't paying by the hour, because he is getting ripped off badly if he is.
Title: Re: Exonerated Marine to sue Rep. Murtha
Post by: Regolith on September 25, 2008, 07:05:10 PM
As much as I dislike what Murtha did....I don't see that the Marine has a case.  For a person to be held liable for libel or slander, you have to prove that the person who committed the act knew what they said was wrong and that there was malicious intent.  Since the statements appear to have been made prior to the trial where the facts were decided, it looks like it would be dastardly hard to prove that Murtha was acting knowingly and with malicious intent.  Unless it could be proved that Murtha had in his possession evidence exonerating the Marines and still making the statements, then Sharrat is likely to lose.

Libel and slander cases are notoriously hard to prosecute in the US, and rightfully so, as they were originally used by public officials to repress dissent. 
Title: Re: Exonerated Marine to sue Rep. Murtha
Post by: seeker_two on September 26, 2008, 01:47:46 AM
I hope we can contribute to his legal fund, too....
Title: Re: Exonerated Marine to sue Rep. Murtha
Post by: Perd Hapley on September 26, 2008, 01:07:06 PM
Once in a great while, assault lawyers have their uses. This seems one of them.

"Assault lawyers"?

All I can say is, I hope this poor guy isn't paying by the hour, because he is getting ripped off badly if he is.

I hope he's not paying a dime.  Even if Murtha loses, I doubt the penalty will hurt him any.  The bad publicity on the other hand...   smiley
Title: Re: Exonerated Marine to sue Rep. Murtha
Post by: cassandra and sara's daddy on September 26, 2008, 02:42:23 PM
murtha has been washed up. this can just be the rail they ride him outa town on. or someone can give him a luger and one bullet and leave the room. though they probably need to explain to him what the honorable thing to do is
Title: Re: Exonerated Marine to sue Rep. Murtha
Post by: Hawkmoon on September 26, 2008, 04:23:09 PM
As much as I dislike what Murtha did....I don't see that the Marine has a case.  For a person to be held liable for libel or slander, you have to prove that the person who committed the act knew what they said was wrong and that there was malicious intent.  Since the statements appear to have been made prior to the trial where the facts were decided, it looks like it would be dastardly hard to prove that Murtha was acting knowingly and with malicious intent.

If the shoe were on the other foot, you would be right. I believe for someone "in the public eye" (such as an elected public official) to prove libel or slander, they have to show malicious intent. For private citizens, malicious intent is not necessary. All that's necessary is for the speaker to have engaged in a reckless disregard for the truth. Murtha shot off his pie hole without making any effort to verify the truth of his accusations. That meets the test for slander.

I think the Marine has a slam dunk case.
Title: Re: Exonerated Marine to sue Rep. Murtha
Post by: Headless Thompson Gunner on September 26, 2008, 07:04:00 PM
Don't congresscritters have a bit of legal immunity while they serve?
Title: Re: Exonerated Marine to sue Rep. Murtha
Post by: 280plus on September 27, 2008, 02:16:57 AM
Last time I looked into filing a slander case the story was, ok, maybe you can prove someone said something slanderous about you. That's fine. But THEN you have to prove that the slanderous act caused you to somehow lose money and then determine how much for awards to be given. The lawyers will make money though.  grin
Title: Re: Exonerated Marine to sue Rep. Murtha
Post by: KD5NRH on September 27, 2008, 04:37:57 AM
Last time I looked into filing a slander case the story was, ok, maybe you can prove someone said something slanderous about you. That's fine. But THEN you have to prove that the slanderous act caused you to somehow lose money and then determine how much for awards to be given. The lawyers will make money though.  grin

Look up "defamation per se" on your favorite search engine.  In summary, accusations of a crime (in some cases, specifically a crime of moral turpitude - murder qualifies either way) are among the types of defamation that are considered inherently damaging in most jurisdictions.
Title: Re: Exonerated Marine to sue Rep. Murtha
Post by: 280plus on September 27, 2008, 05:59:49 AM
So i did!

For the whole thing: 

http://www.expertlaw.com/library/personal_injury/defamation.html

Excerpt:

The concept of the "public figure" is broader than celebrities and politicians. A person can become an "involuntary public figure" as the result of publicity, even though that person did not want or invite the public attention. For example, people accused of high profile crimes may be unable to pursue actions for defamation even after their innocence is established, on the basis that the notoriety associated with the case and the accusations against them turned them into involuntary public figures.

Edited out paragraph


Why Commencing A Defamation Action Is Not Aways A Good Idea
While people who are targeted by lies may well be angry enough to file a lawsuit, there are some very good reasons why actions for defamation may not be a good idea.

The publicity that results from a defamation lawsuit can create a greater audience for the false statements than they previously enjoyed. For example, if a newspaper or news show picks up the story of the lawsuit, false accusations that were previously known to only a small number of people may suddenly become known to the entire community, nation, or even to the world. As the media is much more apt to cover a lawsuit than to cover its ultimate resolution, the net effect may be that large numbers of people hear the false allegations, but never learn how the litigation was resolved.

Another big issue is that defamation cases tend to be difficult to win, and damage awards tend to be small. As a result, it is unusual for attorneys to be willing to take defamation cases on a contingent fee basis, and the fees expended in litigating even a successful defamation action can exceed the total recovery.

Another significant concern is that, even where the statements made by the defendant are entirely false, it may not be possible for a plaintiff to prove all of the elements of defamation. Most people will respond to news that a plaintiff lost a defamation lawsuit by concluding that the allegations were true.

In other words, the plaintiff in a defamation action may be required to expend a considerable amount of money to bring the action, may experience significant negative publicity which repeats the false accusations, and if unsuccessful in the litigation may cement into the public consciousness the belief that the defamatory accusations were true. While many plaintiffs will be able to successfully prosecute defamation actions, the possible downside should be considered when deciding whether or not such litigation should be attempted.

Title: Re: Exonerated Marine to sue Rep. Murtha
Post by: KD5NRH on September 27, 2008, 07:17:01 AM
Another big issue is that defamation cases tend to be difficult to win, and damage awards tend to be small. As a result, it is unusual for attorneys to be willing to take defamation cases on a contingent fee basis, and the fees expended in litigating even a successful defamation action can exceed the total recovery.

When you go after a high-profile politician, the goal is rarely the money.  A loss would look bad for Murtha not only in getting reelected, but also in any other political endeavors.



Title: Re: Exonerated Marine to sue Rep. Murtha
Post by: The Annoyed Man on September 28, 2008, 04:35:21 AM
Yep, egg him in the face publicly. The guy makes me sick. I wonder if he was a draftee Marine or a volunteer? Not that it makes a difference much.

Jim
Title: Re: Exonerated Marine to sue Rep. Murtha
Post by: slingshot on September 28, 2008, 04:49:36 AM
I'd like to see Murtha's ears pinned back on this deal.  I have similar feelings about John Kerry.
Title: Re: Exonerated Marine to sue Rep. Murtha
Post by: KD5NRH on October 16, 2008, 03:36:06 AM
http://www.pittsburghlive.com/x/pittsburghtrib/news/breaking/s_593466.html?source=rss&feed=1

Quote
U.S. Rep. John Murtha stands by a controversial remark he made previously that U.S. Marines killed women and children "in cold blood" in Haditha, Iraq, in November 2005.

Guess there's not going to be an apology...this should make for an interesting court case.

Title: Re: Exonerated Marine to sue Rep. Murtha
Post by: Sergeant Bob on October 16, 2008, 10:09:47 AM
I know that not much is likely to happen to that traitorous scumbag but, I sincerely wish him to be run out of town on a rail. :mad: