No Immunity

By: AP
By: AP

An officer expected to be charged with giving illegal orders to kill Iraqis won't get immunity if he testifies for another soldier accused of murder.

The ruling came from a judge at Fort Hood.

Attorneys for Staff Sergeant Shane Werst were seeking immunity for Captain Matthew Cunningham. Cunningham was expected to deny ordering troops to hunt down a list of Iraqis and kill them in retaliation for a deadly attack on a U-S base.

An attorney for Werst says Cunningham's testimony would show there was no premeditation when Naser Ismail was killed in January of 2004.

Werst faces up to life in prison if convicted of murder and obstruction of justice. Last month he backed out of a plea deal. His trial is set to begin next Monday.

He was a combat engineer in the Third Brigade Combat Team at Fort Carson, part of the Fort Hood-based Fourth Infantry Division.


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