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Marine sergeant accusing congressman of defamation

A Marine Corps sergeant under investigation in connection with the deaths of 24 Iraqi civilians in Haditha is accusing Rep. John P. Murtha of defaming him in public comments about the case.

Lawyers for Frank D. Wuterich, 26, argue in a suit to be filed Wednesday in federal court that Murtha falsely accused Wuterich "of cold-blooded murder and war crimes."

The suit maintains that Pentagon officials "who have briefed or leaked information to Mr. Murtha deliberately provided him with inaccurate and false information" and that the congressman subsequently "has made repeated statements .... that are defamatory" to Wuterich and his fellow Marines.

The suit accuses Murtha of spreading "false and malicious lies" about Wuterich and his squad that were "intended to serve his own private purpose and interests" and that Murtha's comments "have been reproduced by countless third parties throughout the world."

It says many of Murtha's remarks were made outside his "scope of employment as a congressman." Murtha, a former Marine, has been a leading proponent of withdrawing U.S. forces from Iraq.

The planned court filing was first reported late Tuesday on The Washington Post's Internet site.

Wuterich's lawyers, Neal A. Puckett and Mark S. Zaid, subsequently provided a copy of the suit to The Associated Press early Wednesday and announced plans for a news conference outside the courthouse where they planned to file the suit.

The claim for libel and invasion of privacy seeks damages to be determined, but not less than $75,000.

"This case is not about money; it's about clearing Frank Wuterich's name, and part of that is to identify where these leaks are coming from," Zaid told the Post. "U.S. Rep. Murtha has created this atmosphere that has already concluded guilt. He's created this environment that really smells, and he's the only one who has done that."

The suit details Wuterich's account of what happened on Nov. 19, 2005, in Haditha, a story he has told through his lawyers previously.

Wuterich maintains several civilians were killed when his squad pursued insurgents firing at them from inside a house after a roadside bombing that killed one Marine. He describes a house-to-house hunt that went wrong in the midst of a confusing battlefield, but has denied through his attorneys any vengeful massacre.

Wuterich and three other Marines from his 3rd battalion, 1st Marine Regiment, are under criminal investigation by the Naval Criminal Investigation Service. A parallel investigation is looking at whether officers at higher levels in the chain of command covered up the facts.

No one has been charged in the case.

The Post said telephone calls Tuesday to Murtha's office in Washington were referred to his district office in Pennsylvania and that calls there were not returned.