A Camp Pendleton Marine accused of failing to investigate the murder of 24 Iraqis might not be eligible for prosecution.
The attorney representing First Lieutenant Andrew Grayson says Marines must be on active duty to be prosecuted under military law.
However, Grayson was discharged on June first, according to papers obtained by the Associated Press.
Twenty-six year-old Grayson is one of seven Marines facing charges for the killing of men, women, and children in the Iraqi town of Haditha.
A squad of enlisted Marines executed the civilians after a bomb struck their truck convoy in 2005.
Grayson faces charges of obstructing justice, making a false official statement, and dereliction of duty for not investigating the incident.
He was to attend a preliminary hearing Monday at Camp Pendleton, where an officer will recommend whether Grayson should stand trial, but his attorney has now advised him not
The Marine Corps disputes that Grayson has been deactivated and declined to explain why he had received discharge papers.
