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Federal Judge To Hear Murtha Defamation Case

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Nov 18, 2008 10:30 am US/Pacific

Federal Judge To Hear Murtha Defamation Case

WASHINGTON (AP) ―

Click to enlarge 1 of 2: AP
Click to enlarge 2 of 2: U.S. Marine Corps Staff Sgt. Frank D. Wuterich is charged with murdering 12 people and ordering Marines under his command to kill others in the Iraqi town of Haditha in 2005.
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A Marine who sued Rep. John Murtha for defamation wants a federal appeals court to order the Pennsylvania Democrat to testify under oath in the case.

An attorney for Staff Sgt. Frank Wuterich told the U.S. Court of Appeals for the District of Columbia Tuesday that he needs Murtha's deposition to determine how often the congressman made the claim that Marines in Iraq engaged in "cold-blooded murder and war crimes" in the slayings of civilians in Hiditha.

A government lawyer representing Murtha told the judges that the lawmaker has immunity from the lawsuit because he was acting in his official role when he made the comments to reporters.

Wuterich filed the lawsuit in 2006. He is the only person still facing charges in the Hiditha slayings.