His trial is on hold, but time is of the essence.

Marine Staff Sgt. Frank D. Wuterich, a Meriden native, will face a military trial for the deaths of Iraqi civilians in November of 2005 in the city of Haditha.

Wuterich, a 1998 Platt High School graduate, faces charges including nine counts of manslaughter. His trial was delayed in March, because the government is trying to force CBS News to release unaired portions of a "60 Minutes" interview with Wuterich two years ago.

That matter is pending before a three-judge panel of the Navy and Marine Court of Criminal Appeals, with no set timeframe for a decision.

But effective Aug. 1, both of Wuterich's military defense attorneys will be retired, said Neal A. Puckett, a private attorney and former military judge who represents Wuterich. That will mean the loss of experience and knowledge that comes from more than a year of case preparation.

The retirements of Maj. Haytham Faraj and Lt. Col. Colby Vokey have already been extended from May 1, and again from June 1, but likely won't be prolonged again.

"The Marine Corps is not required to replace them," said Puckett, who has been on the Wuterich case for two years. "And current policy is to assign one counsel, not two. Whoever it is, regardless of the level of past experience, will not be steeped in the facts of the case."

The case is extremely complex, Puckett said, involving reams of documents and a broad spectrum of witnesses.

Wuterich is the last of the four enlisted men who were initially charged to still face a court martial. The others have been exonerated or granted immunity in exchange for their testimony.

Two officers, 1st Lt. Andrew Grayson and Lt. Col. Jeffrey Chessani, are charged with mishandling the Marine Corps' investigation into the incident, which came to light in the spring of 2006 following a Time magazine report. Grayson's trial began last week; Chessani's is still pending.

Puckett said he doesn't see a real connection between those cases and Wuterich's, likening it to apples and oranges.

"We have not gotten involved," he said Wednesday. "All their charges result from actions taken by command after the fact."

If the retirements take effect before the trial, Wuterich's defense team will shrink from five to two until the Marines name a single replacement. Puckett is joined by another private attorney, Mark S. Zaid, but a captain who has assisted with research for the case is also leaving because of a transfer.

Finding a replacement is no simple task, Puckett said. There aren't many defense attorneys left at Camp Pendleton, in Southern California, where the trial will take place, because they are representing other Marines accused of misconduct in Iraq.

Instead of a new attorney, Puckett offered the possibility of using Wuterich's defense fund to pay Faraj and Vokey to stay on after they retire.

There are two hang-ups, however: the donor-supported fund would need more money, and the two attorneys would have to agree to stay involved. Puckett said he has yet to broach the topic with them.

David Fordiani, a Meriden attorney and former Army judge advocate general, said it's likely the two men would want to remain on the case because of its notoriety.

"This is a big case. You obviously want to see it through to fruition," he said. "I think Mr. Wuterich would be better served by having the same attorneys."

Wuterich, who lives near Camp Pendleton with his wife and three daughters, is doing well, Puckett said, although he would like to see the trial completed. Wuterich recently returned to Southern California after visiting his parents, David and Rosemarie Wuterich, who live on Meriden's west side.

His parents could not be reached Wednesday for comment.

awittenberg@record-journal.com

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