Attorneys for Lt. Col. Jeffrey R. Chessani want to question Rep. John Murtha over his public statement that the Marines killed "in cold blood" during the attack in Haditha. Murtha said he had been briefed by the highest levels of the military about the case and that officers covered it up.

Chessani's attorneys, who released the ruling Wednesday, said they will appeal if the judge doesn't reconsider.

Chessani is the highest-ranking U.S. serviceman to face a combat-related court-martial since the Vietnam War.

"When the congressman said he was briefed by the highest levels, we need to know who they are," said Brian Rooney, Chessani's civilian defense attorney.

Rooney said Murtha's deposition would "confirm what he said to the press is accurate."

Murtha's spokesman, Matthew Mazonkey, said the congressman had no comment. A telephone call to a Marine Corps spokesman was not immediately returned.

Chessani has been charged with dereliction of duty and violation of a lawful order on allegations that he mishandled the aftermath of the Nov. 19, 2005, shooting deaths in Haditha.

He faces court-martial on April 28. If convicted on all counts, he faces up to three years in prison.

Four enlisted Marines were initially charged with murder in the case and four officers were charged with failing to investigate the deaths. Charges against several of the men have been dropped, and none will face murder charges.

A former district judge pleaded no contest yesterday to carrying a concealed firearm without a license following an altercation with his father-in-law.

Senior District Judge Donald H. Presutti, 60, of Kilbuck, was given nine months' probation for the misdemeanor violation. Allegheny County Judge Randal B. Todd ordered him to complete 120 hours of community service and anger management classes. The judge also prohibited him from contact with his father-in-law.

Raymond Billotte, district court administrator for Common Pleas Court, said Mr. Presutti is not currently on call for arraignment judges' roster. He said President Judge Joseph James would be seeking counsel from the Administrative Office of Pennsylvania Courts as to how to proceed with Mr. Presutti's status since his plea.

The former judge admitted to police he had a 9 mm pistol tucked in his suit pocket when he was arrested Nov. 29, 2006, at West View Auto Body on Perry Highway.

He told officials he had the gun loaded, cocked and concealed because he was afraid of his father-in-law, Earl Quillen, whom he said had swung at him and grabbed him by the neck earlier at the auto body shop.

The Supreme Court announced yesterday that it will take the special step of releasing audiotapes of oral arguments on the same day that it hears a case challenging the District's gun law.

Every argument before the justices is recorded, but the tapes normally are not available until well after the court's term has ended. But beginning in 2000, with the arguments in Bush v. Gore, the court has released same-day audiotapes in high-profile cases when there is substantial media interest.

Because the court is not open to cameras, the audiotapes are the only recordings of the proceedings.

The case of District of Columbia v. Heller, to be heard March 18, will be the court's first consideration of the meaning of the Second Amendment in nearly 70 years. Last year, a panel of the U.S. Court of Appeals for the D.C. Circuit ruled 2 to 1 that the District's ban on private handgun possession violated the amendment.

The Supreme Court is being asked to decide whether the amendment protects an individual's right to own a firearm, and if so, what restrictions government may place on that right. It is one of the most prominent cases of the court's term. More than 60 organizations and individuals have filed amicus briefs to support the city or those challenging what is acknowledged as the nation's strictest gun control law.

This term, the court released same-day audiotapes in two other important cases, one involving the rights of detainees at the Guantanamo Bay military prison and the other involving the constitutionality of lethal injections.

The arguments in the gun control case are scheduled for 10 a.m. March 18. Each side will receive 30 minutes to present its case, and U.S. Solicitor General Paul D. Clement has been granted 15 minutes for the federal government's views. The tapes will be released soon after the proceedings.

Clement's brief agrees with the law's challengers that the Second Amendment protects an individual's right to bear arms, but it argues that the appeals court too broadly decided the case against the District. It recommends that the case be returned to lower courts.

A federal appeals court has dealt a "fatal" blow to the prosecution's case against two former Westar Energy Inc. executives, and long-standing criminal charges against the two men should be dismissed, attorneys argued in motions filed Wednesday.

"The Tenth Circuit's January 2007 decision dramatically changed the landscape of the government's case," defense attorneys for former Westar Executive Vice President Douglas Lake said in their motion to dismiss. Patrick McInerney of Husch Blackwell Sanders LLP represents Lake.

David Wittig, former chairman of Topeka-based Westar (NYSE: WR), signed on with Lake's motion in U.S. District Court in Kansas, which argues that none of the 40 counts against the executives can stand after the appeals court's rejection of guilty verdicts on 24 of the counts.

The first trial of Wittig and Lake ended in a mistrial in December 2004 after the jury couldn't agree on a verdict in the complex, 40-count trial.

The jury's verdicts capped more than 37 hours of deliberations over a four-and-a-half days in the Dutchess County Courthouse, in Poughkeepsie.

Gilleo, 33, of Hopewell Junction, N.Y., also was convicted on five counts of armed robbery, two counts of conspiracy, one count of perjury and two counts of arson.

A co-defendant, 30-year-old Mark Serrano, was convicted last year on 31 first- and second-degree murder charges, in addition to arson, robbery, conspiracy and perjury charges.

Gilleo and Serrano were accused of going to the Morey home on Route 82 in Fishkill and robbing Manuel and Tina of cash and cocaine, killing all five members of the family and setting fire to their house and car in an attempt to cover up the crimes.