In The Dark: Episode 8 - On Trial

Release Date: September 10, 2024

Introduction

"In The Dark," hosted by Madeleine Baran and produced by The New Yorker, delves deep into the intricate case of Frank Wudrich, a U.S. Marine accused of committing war crimes in Haditha, Iraq. This episode not only chronicles the trial but also explores the broader implications of military justice and accountability.

Frank Wudrich's Case

The episode begins by outlining the severe charges against four Marines, including Frank Wudrich, related to the deaths of Iraqi civilians on November 19, 2005 (00:35). Wudrich faced murder and dereliction of duty charges for ordering his squad to "shoot first, ask questions later" (05:37). Despite the gravity of the accusations, the prosecution's case unraveled over time, leading to the dismissal of multiple charges against his fellow Marines, leaving Wudrich as the sole defendant (03:02).

Defense Strategy and Attorney Haytham Faraj

Haytham Faraj, Wudrich's defense attorney, shares his struggles in connecting with his client. Faraj employs a psychodramatic reenactment technique to elicit Wudrich's memories of the incident (08:19). Despite these efforts, Wudrich remains uncooperative, claiming no recollection of specific actions during the killings (07:08). Faraj expresses skepticism about Wudrich's memory loss, suggesting it may be a tactic to protect his squad (07:17).

The Military Trial

The trial commenced on January 9, 2012, at Camp Pendleton, California. Major Nicholas Gannon, the Marine prosecutor, presented the case without naming the victims, referring to them by numbers instead (19:57). This strategic move was likely aimed at influencing the all-military jury, composed of Marines who had served in Iraq (21:20). Faraj's opening statement sought to humanize Wudrich and cast doubt on the prosecution's evidence, emphasizing the "fog of war" and questioning the credibility of fellow Marines' testimonies (22:52).

Plea Deal and Its Aftermath

Amidst uncertainties about the jury's leanings, a plea deal was proposed, allowing Wudrich to plead guilty to a minor charge of negligent dereliction of duty in exchange for dropping more serious charges (31:53). Lieutenant General Thomas Waldhauser ultimately approved the deal, leading to Wudrich's discharge without imprisonment (35:05). Faraj reflects on the limited accountability, stating, "The government decided not to hold anybody accountable" (37:00).

Impact on Victims' Families

The episode poignantly highlights the suffering of the victims' families, particularly Ehab, who lost her husband and brothers, and struggles to raise her sons Bakr and Omar without nurturing hatred (44:47). Ehab's decision to remove photos of the deceased to prevent her sons from harboring anger underscores the lasting trauma inflicted by the lack of justice (45:01).

Broader Investigation into Military War Crimes

Baran and her team investigate military records, uncovering 781 possible war crimes investigated by the U.S. military since 2001 (55:26). The analysis reveals a systemic failure to prosecute, with over 65% of allegations dismissed and fewer than 20% resulting in any form of punishment, often minimal (56:01). This lack of accountability raises critical questions about the military justice system's effectiveness in addressing serious violations (58:48).

Conclusion

Episode 8 of "In The Dark" underscores a troubling pattern of impunity within the U.S. military justice system. The Frank Wudrich case exemplifies how severe war crimes can go unpunished, leaving victims' families without closure and highlighting the need for systemic reform. The episode serves as a compelling examination of justice, accountability, and the human cost of war.

Notable Quotes

• Haytham Faraj (07:23): "I found it to be unbelievable that you don't remember where you were, what you did, and who did what."
• Frank Wouterich (37:22): "I wish there was something I could do that could change the perception of me."
• Haytham Faraj (58:48): "You have to question a little bit whether justice is a priority here or if something else is a big priority than justice."

Further Resources

For a comprehensive view of the military justice system and detailed records of war crimes investigations, visit newyorker.com/season3.