Iraqis told civilian deaths were 'unfortunate'
By: MARK WALKER --- Staff Writer | ∞
United States Marine Lt. Col. Jeffrey R. Chessani walks to a preliminary hearing where he is charged with violation of a lawful order and dereliction of duty Wednesday May 30, 2007 at Camp Pendlelton, Calif. Chessani is one of four officers charged for alleged failure to investigate and report the deaths of 24 Iraqi civilians.
Associated Press
CAMP PENDLETON ---- Iraqi officials were told shortly after 24 civilians died at the hands of Camp Pendleton Marines in Haditha in 18 months ago that while the deaths were unfortunate, they stemmed solely from the local populace allowing insurgents to use homes to stage attacks against U.S. troops.
Testifying via videotape recorded in March because he is now back in Iraq, Marine 1st Lt. Max Frank said he was told by his superiors to provide that explanation to local hospital officials when he delivered the bodies to the facility's morgue the night of Nov. 19, 2005.
"We were to explain to the Iraqis that the Marines were sorry about this, but this is what happens when you allow terrorists to use homes to attack Marines," Frank said during the opening day of a hearing to determine if Lt. Col. Jeffrey Chessani should be tried for dereliction of duty for failing to order an investigation into the deaths.
Chessani faces two counts of dereliction of duty and violation of a lawful order for his role in the Haditha case, an incident that spawned worldwide condemnation of the Marines when brought to light in early 2006.
Chessani, 43, faces more than two years in prison and dismissal from the service he has been a part of for 19 years if ultimately ordered to trial, convicted and sentenced to the maximum.
Frank was called by prosecutors to explain his role in collecting the bodies and why he, like Chessani and three other officers charged in December with dereliction for failing to order an investigation, did not believe a probe was necessary.
"I didn't have any reason to believe that what they had done was done on purpose," Frank said, later adding that he did not believe the deaths represented a violation of the rules of engagement or international laws of armed conflict. "I assumed they had taken fire and they had made a mistake."
When hospital officials began collecting the dead from the back of two Humvees, Frank said several were visibly upset and that one vomited.
Many of the bodies were simply loaded into the back of the Humvees and covered with plastic trash bags because the Marine had only five body bags available, Frank said. The dead included several women and children, including a group of at least five children and two women found in one bedroom, he testified.
The civilians were killed after a roadside bomb destroyed a Humvee, killing a lance corporal and injuring two other Marines.
Five of the Iraqis, all men, were killed when they emerged from a car that drove up shortly after the bombing. The 19 other Iraqis died during house clearing operations led by Staff Sgt. Frank Wuterich, who is charged with 13 counts of homicide. Two other enlisted men also face homicide charges.
Chessani's attorneys contend the Colorado native reported everything he knew and should not be facing criminal charges. The former commander of Camp Pendleton's 3rd Battalion, 1st Marine Regiment was relieved from that post when the unit returned from Iraq in April 2006, a decision that his attorneys say has effectively ended in career.
Chessani's case is being presided over by Col. Christopher Conlin, an infantry officer who is being assisted by a Marine lawyer.
The hearing is expected to last through the end of next week and could include up to 40 or more witnesses in addition to thousands of pages of investigative documents.
Before the hearing began, Chessani's attorney, Brian Rooney, told reporters that no requirement was in place in 2005 mandating that civilian deaths arising out of a combat situation required an investigation. Such a requirement was instituted by the Marine Corps in 2006, he said.
Rooney said Chessani has nothing to hide.
"We want to make sure the American public know their officers didn't cover up anything," he said. "We are really eating our own and the terrorists are laughing in their caves and getting everything they want."
Chessani's hearing is the second in the Haditha incident. A similar hearing for Capt. Randy Stone, also charged with dereliction, took place earlier this month. No decision has been reached over whether Stone will be ordered to court-martial.
See Thursdays' North County Times for a full report on Wednesday's hearing.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
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the rest of the story wrote on May 30, 2007 1:25 PM:I find it impossible to believe that this officer was relieved of command and charged with offenses of the UCMJ if in fact he did make a timely report of the civilian deaths in Haditha to his superior officers ... and that's it. THAT JUST DOES NOT HAPPEN. There is much more to this story. Now ... the question is will those details emerge or will everybody play incompetent and go home with a "we looked and didn't find anything" absolution. Dig Mark, dig. Inquiring minds want to know.
GFN wrote on May 30, 2007 1:37 PM:Yeah, it was unfortunate...for them, but it was their fault for allowing insurgents to use their homes. Of course, if they said no to the insurgents, then they would have killed them. Either way; they are dead. OK, Iraqi citizens, show us the purple finger of democracy!
something to think about.. wrote on May 30, 2007 2:43 PM:Yes, GFN...there is nothing to say that the insurgents that were in there firing at our Marines didn't kill those people so it would look like the Marines did. It wouldn't be the first time they did that. Those people need to start identifying the enemy...not aiding them.
hey paul harvey impersonator wrote on May 30, 2007 2:47 PM:Why do you find it so hard to believe that they would relieve someone of command and charge them with something. He did report the incident and did nothing wrong. You must be friends with Pelosi and Murtha. You have no place saying what should happen to these men whose lives were on the line...unless you were there with them. EVERYONE does NOT NEED TO KNOW EVERY DETAIL. That's why you are safe here at home and they are over there doing their job.
AW4cryinoutloud wrote on May 30, 2007 3:42 PM:I keep waiting and waiting for "proof" that there were no insurgents responsible for the deaths of the women and children. It is, afterall, a known practice of the insurgency. All I've heard for months from the accusers, whether Iraqi or our own military, is drama topped off with graphic descriptions to make even more drama in an attempt to create the appearance of a crime. Lt. Col. Chessani and the other accused' are all honorable Marines with honorable service records. Was there an investigation of the accusers? Whoops! There aren't any are there? Has anyone seen them in the courtroom? So Who is left to do the accusing? That would be the very government that sent these Marines to fight a WAR. How shameful that this government and the Corps are busting their butts trying to cover "their" failures of leadership. Methinks the wrong people have been investigated.
huh??? wrote on May 30, 2007 5:29 PM:hey paul harvey impersonator, Who are you trying to speak in defense of? Chessani or the folks seeking to prove the CO violated UCMJ? They both can't be right. Step away from the Koolaid, dude, and quit assuming people who post comments here are hippies from Berkeley. Marines still read the paper once in a while. As you know, or appear to want to appear to know, there is not strong group think in the Corps ... at least until somebody's career is at risk. And only then is the group think a result of fear.
JH wrote on May 30, 2007 6:51 PM:For those that are quick to lay blame or to judge, you will never know what you would have done in the same circumstance, given the same stress, fear, lonliness and all else that goes along with being in a forward position with life and limb on the line. Unless it was premeditated and planned, I would find it difficult to hold any of our armed forces responsible for actions related to war deaths. You would have had to been there to understand...
Jack wrote on May 30, 2007 7:19 PM:It's appalling to hear the Marines blame the innocent civilians for being slaughtered since the local populace "allowed insurgents to use homes". Gimme a break. That's like saying US troops deserve to die since the US populace "allowed a moronic lying president to get elected".
Mary wrote on May 30, 2007 7:24 PM:War is extremely messy. It's just unfortunate we have a bunch of Republican leaders who chose to rush off to war for a combination of naive ideology and political considerations, and now keep us pinned down there for purely political reasons.
Russ wrote on May 30, 2007 7:44 PM:War-time atrocities against civilians used to be rewarded with a trial at Nuremberg, and a noose. Now, they're wrapped in the American flag, and the survivors of an incinerated baby are handed a few grimey hundred-dollar bills.
AW4cryinoutloud wrote on May 30, 2007 11:47 PM:After months of reading the comments of those who have already found these Marines guilty, I've come to wonder if any of these people really believe that or if they just hate George Bush so much that they could give a rat's fuzzy butt whether or not the accused are innocent. To not wait until all of the hearings and trials are over, yet pass judgment rather than giving our Marines the benefit of the doubt, is not very admirable. Not to mention the "fact" that NO one has been "proven" guilty of anything. I'm sure our Marines and the rest of the troops who read these comments are pretty disgusted that any American could be so petty.
Tom wrote on May 31, 2007 3:30 AM:'"We were to explain to the Iraqis that the Marines were sorry about this, but this is what happens when you allow terrorists to use homes to attack Marines," Frank said' How are civilians supposed to STOP terrorists using their homes? If they resist, presumably the terrorists would kill them and use their homes anyway. What would Franks say if US soldiers wanted to use a house and the occupants told them "No, you may not come into our home"? Then it would be "...this is what happens when you don't allow Marines to use homes".
AW4cryinoutloud wrote on May 31, 2007 11:17 AM:To Jack: What you seem to be missing here is the FACT, known by military leaders, that Haditha was a town infested with insurgents, run by insurgents, with women and children either related to or who helped the insurgents. Innocent civilians??? PROVE IT! Which ones were innocent? Convenient for the enemy that you can't ask a corpse. You can NOT convince me that any of those so-called "innocents" or a "child" like Youssef wouldn't be smart enough; street smart enough, to get "down" and stay there when she "knows" what's going to happen...She said she "knew" the bomb was going to go off. So; how about telling your family this is not a good time to sit upright and pray, to get down and stay down because the fur is going to fly. What a crock!!! Buy it if you must Jack. Take the word of Iraqi's over our Marines. I guess THAT'S the New America.
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