Hearing for Lt. Col. Jeffrey Chessani starts Wednesday

By: MARK WALKER - Staff Writer | Saturday, May 26, 2007 10:22 PM PDT ∞

CAMP PENDLETON ---- A hearing for Lt. Col. Jeffrey Chessani to determine if the former commander of Camp Pendleton's 3rd Battalion, 1st Marine Regiment should stand trial for dereliction of duty arising out of the deaths of 24 Iraqi civilians starts Wednesday in a base courtroom.

The Article 32 hearing is akin to a probable cause proceeding in civilian court. It is expected to continue through this week and most if not all of next week.

Chessani is one of four officers accused of failing to order an investigation into the Nov. 19, 2005, incident in the city of Haditha. Three enlisted men from the battalion's Kilo Company face murder charges.

Chessani, a Colorado native, is the highest-ranking officer charged in the case and is being represented by the Thomas More Law Center, a Christian-based law firm headquartered in Ann Arbor, Mich.

Prosecutors have resisted defense attorneys' requests to have several generals testify during the hearing about what they knew of the incident after it happened and why they didn't order a probe.

The hearing will be conducted before an infantry officer, Col. Christopher Conklin, who at its conclusion will write a report to Lt. Gen. James Mattis stating whether he believes Chessani should be court-martialed. Mattis is the convening authority over the case as head of Camp Pendleton's I Marine Expeditionary Force.

The specific charges against Chessani are violation of a lawful order for failing to investigate the incident and two counts of dereliction of duty for the same offense. Chessani could face three years in prison and a dismissal from the service if convicted on all three counts.

His attorneys have been particularly aggressive in publicly defending Chessani, contending the charges are politically motivated and meritless.

Last week, they released his 2006 combat fitness report in which a reviewer called him a "superb leader" who never hesitated to "report bad news fast."

Chessani reported what he knew of the civilian killings up his chain of command the day of the incident and didn't learn until later that most of the civilians died in a house-clearing operation during which no weapons were recovered, his attorneys say.

"The testimony we will elicit will show just how ridiculous and politically motivated these charges are," attorney Richard Thompson said in a prepared statement.

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