Hearing set for lieutenant colonel charged in Haditha case
By: MARK WALKER ---- Staff Writer | ∞
CAMP PENDLETON ---- A hearing to help determine whether the highest ranking Marine charged in the case of 24 civilian deaths in Haditha, Iraq, in 2005 is set to get under way in two weeks.
The Article 32 hearing for Lt. Col. Jeffrey Chessani will feature as many as 20 witnesses called in his defense, according to one of two civilian attorneys from a Michigan faith-based organization hired to help defend him.
"This is one of the rare times where we have the luxury of defending an innocent man," said Brian Rooney. "The facts are in our favor."
Rooney and Robert Muise from the Thomas More Law Center in Ann Arbor, a nonprofit group that works on anti-abortion causes and defends Christians accused of wrongdoing, will represent the 42-year-old Chessani along with appointed military attorneys Lt. Col. Jon Shelburne and Capt. Jeffery King.
Shelburne is a Marine reservist who teaches law at Robert Williams University in Rhode Island and King is a defense attorney stationed at Camp Pendleton.
Rooney said the defense intends to take full advantage of the hearing slated to start on March 21.
The witnesses will show that the former battalion commander charged with violation of a lawful order and two counts of dereliction of duty for the way he handled the initial investigation did nothing wrong, Rooney said.
An Article 32 hearing is comparable to a probable cause hearing in civilian court where prosecutors work to establish that sufficient evidence exists to order and an accused to trial.
"Lt. Col. Chessani was forthright with the investigators and everything he did was proper," Rooney said during a telephone interview Tuesday morning. "We believe that we will be able to show that what Lt. Col. Chessani did that day was sufficient for the situation that occurred."
Chessani was one of eight Camp Pendleton Marines from the 3rd Battalion, 1st Marine Regiment charged on Dec. 21 with offenses arising out of the two dozen civilian deaths that occurred following a roadside bomb explosion in Haditha on Nov. 19, 2005.
Chessani was relieved from his post as battalion commander when the unit returned to Camp Pendleton in April. He remains on active duty at the base and faces up to three years confinement and dismissal from the service if convicted.
Rooney, a former Marine attorney who served with Chessani in the battle for the city of Fallujah in November 2004, said his client is a committed Christian who has faith that the military justice system will exonerate him.
"He is very professional and helpful in his own defense and is not angry at the Marine Corps and not frantic about what is happening," Rooney said.
But as a father of five who has been in the Marine Corps for 19 years, Chessani is concerned about the potential long-term consequences, Rooney said.
"He's worried about how this could affect his retirement and his family," the attorney said. "He has a lot at stake besides having been relieved of command."
Chessani was on his third assignment to Iraq when the Haditha killings took place.
An experienced infantry officer whose name was not immediately available has been assigned to preside over the hearing, Rooney said.
"We believe he will be able to see that what Lt. Col. Chessani did was sufficient for the situation," the attorney said. "He gave reports about what happened after visiting the scene and relying on what subordinates told him."
The hearing for Chessani, a native of Colorado, will be the first for any of the men charged in the Haditha incident.
Three other officers, Capts. Lucas McConnell and Randy Stone and 1st Lt. Andrew Grayson, also are charged with dereliction of duty for allegedly failing to properly investigate and report the incident.
Four enlisted men are charged with the actual killings. They are Staff Sgt. Frank Wuterich, Sgt. Sanick Dela Cruz and Lance Cpls. Justin Sharratt and Stephen Tatum.
Attorneys for all the accused maintain their clients are innocent and that their actions were the direct response of the bombing that killed a lance corporal and injured another Marine.
Rooney said the bombing and subsequent small arms fire from one or more of the four houses the Marines eventually assaulted and where most of the civilians died was one of several insurgent attacks in Haditha that day.
"This was a complex attack that occurred with the terrorists using civilians as cover to launch their assault and then fade away," Rooney said.
Chessani's background includes having served in the first Iraqi war in 1991. He later attended the Command and Staff College in Quantico, Va., where he earned a master's degree in military studies.
He was promoted to lieutenant colonel in 2004 and assigned to the post of operations officer for the 1st Marines in Iraq.
His first combat command came in May 2005, when he took over the base's 3rd Battalion.
Chessani majored in meteorology at the University of Northern Colorado and received his Marine Corps commission in 1988.
During the U.S. invasion of Panama in 1989, he captured several of former President Manuel Noriega's top officers.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
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AW4cryinoutloud wrote on Mar 6, 2007 1:32 PM:Our tax dollars at work. As if the government doesn't already have too many ways to waste our money, they now waste it ruining the lives of our Marines and their families; Hamdania and Haditha!!! I didn't pay taxes for years so that my government could use that money to persecute the young men and women who fight for me and for my country. For what? To appease the fledgling government of a foreign country? To cover up for NCIS' inability to investigate an incident, for its practice of coercive interrogations and for its inability to keep records of those interrogations? The Corps' can afford 800k for a new media room for these cases. Could they not have better used that money supplying NCIS with 21st Century technology? None of these cases (Including Army Ranger Staff Sgt.Ray Ghirouard) should ever have come to this point. Trying to show a crime was committed, with nothing more than the use of less than honorable and questionable legal practices, and through plea deals, does NOT PROVE anything. Rather than Cover it up, how about "Cleaning" it up! The cat is out of the bag. Americans are more and more aware of it each day. Save face and drop the stupid charges. Clean up your house and stop persecuting those who fight for us!!!
AW4who givesarats wrote on Mar 6, 2007 4:15 PM:You're as predictable as a belch at a chili cook-off and make as much sense. Let the process proceed and we should happy that at least some of the money being pissed away goes for a good cause. (Hint - justice).
AW4cryinoutloud wrote on Mar 6, 2007 4:50 PM: To the rat: It's interesting how a truthful comment will draw the ones who don't givearats, right out of their holes. Even more interesting that they could givearats about those who are accused and haven't even been to trial. Why all the hostility for someone who "does" givearats? Too close to home? Too close to the truth? I guess that could aggravate the heck out of the rat who doesn't givearats. FYI rats; JUSTICE is when all accused are heard and have been afforded "every" right to defend themselves. Just because some, in their ignorance, have already made up their little rat minds that everyone is guilty doesn't make it so. Little rat minds should try and expand their rat mentality and learn a little more before passing their rats judgment. (Hint - Justice).
The tangled web of deceit wrote on Mar 6, 2007 4:51 PM:I am so sick of the twisted tales of the accused and the apologists and blame shifters that I am hoping for quick convictions and real sentences in all these cases.
marycaroline123 wrote on Mar 6, 2007 5:55 PM:God save the marines. God Bless the Thomas More Center that is defending them pro-bona...DONATE to them www.thomasmore.org. and read all about the case. And God Bless you sir "Crying Out Loud" for barking back at that commie moron "Who gives a Rat" N.B. Nice ignoramous name for a traitor. Thank you Mr. Crying Voice of Reason. Mary, New York
Troop Supporter wrote on Mar 6, 2007 6:57 PM:This is another hit job on the military. So a "budding young journalist" (as he is first portrayed) who is really a 40 something age Iraqi with ties to insurgents via some fake Human Rights Group (of a couple people) gives his so-called info to Time magazine reporter Tim McGirk, who wrote his glowing tribute to the Taliban (who he thinks are just like us) in his "Thanksgiving with the Taliban" Time writeup the first Thanksgiving after 9/11 (some of these Iraqis and Islamists do understand propaganda and Time mag and the media just play right into their hands) Then enter the John Murtha and his pals and their agenda and lies and handling the purse strings of the appropriations. The whole thing stinks.
Bob Crescent wrote on Jul 1, 2007 2:46 PM:I recall an earlier period of time in the Corps. I did a four year hitch. I will never trust Naval Investigative Services or Criminal Investigative Unit or Division. The idea of NIS or CIU or CID is a hard slap in the face to all Marines. I recall when I had corrected a statement I had made in 1979. I recall it was a situation that had occurred off base not on base. I told the truth and did a month in the local Camp Pendleton Brig. I lost rank and fined for a couple of months. Later, I was told I should of lied because I would be promoted to the next rank. I will never trust NIS or CIU or CID. I am an American Patriot. During a Special Cout Martial hearing by a corrupt judge and I had pleaded the Fifth Amendment... I did not want to incriminate myself and chose to remain silent... it didn't matter because my DEFENSE atttorney became the Prosecuting Attorney! The defense lawyer decided to use all evidence against me. There's no justice in the Marine Corps. I am telling the truth, so help me God. When the Marine Corps busts a good man; it changes how he relates to others, now... civilians. I am on disability at taxpayers' expense since 1984! So how do you feel now? I hope you're satified with the verdict!
Robert C. wrote on Jul 1, 2007 3:03 PM:CORRECT VERSION OF LAST POSTING AS FOLLOWS: I recall an earlier period of time in the Corps. I did a four year hitch. I will never trust Naval Investigative Services or Criminal Investigative Unit or Division. The idea of NIS or CIU or CID is a hard slap in the face to all Marines. I recall when I had corrected a statement I had made in 1979. I recall it was a situation that had occurred off base not on base. I told the truth and did a month in the local Camp Pendleton Brig. I lost rank and fined for a couple of months. Later, I was told I should of lied because I would be promoted to the next rank. I will never trust NIS or CIU or CID. I am an American Patriot. During a Special Court Martial hearing by a corrupt judge and I had pleaded the Fifth Amendment... I did not want to incriminate myself and chose to remain silent... it didn't matter because my DEFENSE atttorney became the Prosecuting Attorney! The defense lawyer decided to use all evidence against me. There's no justice in the Marine Corps. I am telling the truth, so help me God. When the Marine Corps busts a good man; it changes how he relates to others, now... civilians. I am on disability at taxpayers' expense since 1984! So how do you feel now? I hope you're satified with the verdict!
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