This is the same Marine who had previously said, through his attorney, that Murtha would be called as a witness in his trial if the case made it that far.
Washington Post - A Marine Corps staff sergeant who led the squad accused of killing two dozen civilians in Haditha, Iraq, will file a lawsuit today in federal court in Washington claiming that Rep. John P. Murtha (D-Pa.) defamed him when the congressman made public comments about the incident earlier this year.
Attorneys for Frank D. Wuterich, 26, argue in court papers that Murtha tarnished the Marine's reputation by telling news organizations in May that the Marine unit cracked after a roadside bomb killed one of its members and that the troops "killed innocent civilians in cold blood." Murtha also said repeatedly that the incident was covered up.
If the outcome in the Haditha mess is anything less than a full conviction for Wuterich and his fellow soldiers I'd say that his lawsuit against Murtha has a good chance of succeeding. It's pretty clear that Murtha made some factual statements about Wuterich and his fellow soldiers that have not yet been proven to be true, and certainly those statements (coming from the mouth of a U.S. Congressman, with all the requisite media coverage that comes with that) were damaging to Wuterich's reputation.
Unless Wuterich is convicted, he's got a case against Murtha.