Hearing officer: Haditha commander should be court-martialed

By: MARK WALKER - Staff Writer | Wednesday, July 11, 2007 11:12 PM PDT

CAMP PENDLETON -- A Marine battalion commander whose troops killed 24 Iraqi civilians in Haditha following a 2005 roadside bombing should face trial because he "failed to do his duty" by not fully investigating the deaths, according to a military hearing officer.

Col. Christopher Conlin makes the recommendation in a report -- obtained by The Associated Press on Wednesday -- that calls for Lt. Col. Jeffrey Chessani to face court-martial for two counts of dereliction of duty and one count of violation of a lawful order.

"He failed to thoroughly and accurately report and investigate a combat action that clearly needed scrutiny," Conlin wrote in his recommendation.

Whether Chessani stands trial is up to Lt. Gen. James Mattis, the convening authority over the case as head of Marine Corps forces in the Middle East and commander of Camp Pendleton's I Marine Expeditionary Force.

During a two-week hearing conducted by Conlin at Camp Pendleton in late May and early June, Chessani maintained that he reported what he knew to his superiors and never ordered a full-scale probe because he believed the Iraqi deaths stemmed from combat action.

The Haditha town council had presented Chessani with a written demand for an investigation eight days after the killings. Chessani's failure to go to the scene of the deaths and conduct a personal inspection were points that Conlin keyed in on during the hearing.

The 43-year-old Chessani, a Colorado native, commanded the 3rd Battalion, 1st Marine Regiment when the incident occurred Nov. 19, 2005.

The civilians were killed after a roadside bomb destroyed a Humvee, killing a lance corporal and injuring two other Marines.

Chessani's attorneys issued a written statement Wednesday calling Conlin's recommendation disappointing.

"If we are forced to go to a general court-martial, Lt. Col. Chessani will be judged by a true jury of his peers -- many will be combat veterans themselves," wrote Brian Rooney. "We are very comfortable with that scenario."

Chessani is the highest-ranking officer among four charged by the Marine Corps with dereliction of duty. Two have yet to have court hearings. The case of a third officer, Capt. Randy Stone, should be handled administratively and not as a criminal matter, according to the recommendation of the hearing officer in his case.

In their statement, Chessani's attorneys contend the recommendation he face trial "deals more with political correctness than criminality."

"Col. Chessani is chastised in the report because he had more confidence in his men than in insurgent propaganda," they wrote.

The Haditha investigation arose three months after the incident when Marine commanders in Iraq were questioned by a Time magazine reporter.

If convicted, Chessani faces up to three years in jail, loss of retirement benefits and dismissal from the service, the officer's equivalent of a dishonorable discharge.

The Associated Press contributed to this report.

-- Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.

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13 comment(s)[-]Go to Top

patrick wrote on Jul 12, 2007 6:46 AM:I hope President Bush pardons some of these guys before his term is up.

Don't Hold Your Breath wrote on Jul 12, 2007 8:39 AM:Bush will be too busy pardoning his cronies.

Scott wrote on Jul 12, 2007 8:50 AM:Sure, take the word of a bunch of savage insurgents over Chessani and his men. Great. Hopefully, the jury of his peers will be sane and see the light. Total witch hunt. God bless Chessani and his men. They did nothing wrong.

Quid Pro Quo wrote on Jul 12, 2007 9:04 AM:Libby's sentence was commuted to keep him from implicating the white house in criminal conspiracy. These Marines have nothing to "give" to the President--if he won't intervene to help the boarder patrol guys, he ain't gonna help the Marines. Why should he go out on a limb for them?

esteban wrote on Jul 12, 2007 10:54 AM:Free the Marines now!!!! How dare you take the word of the animalistic enemy and the liberal US media (Time Mag)!! Murtha should be jailed for life because of this!!!!

AW4cryinoutloud wrote on Jul 12, 2007 11:53 AM:Are we talking about the United States Marine Corps...in a time of War, or not? What is Conlin's problem? Members of a "town council" in a "known" Insurgent Controlled Town "demands" that the Marines investigate the aftermath of a firefight that this very town council apparently did nothing to try and keep from happening? A town where our Marines were constantly attacked. Why was the "town council" not interested enough in jelping our Marines if the "town council" was such an innocent bunch? Something is wrong with this picture. One hearing officer decides there has been no crime committed and yet Col. Conlin finds that Col. Chessani should be court-martialed for not investigating WHAT...the crime that never happened? Well; I guess "somebody" has to be sacrificed for the cause. It wouldn't be a perfect government screw-up if not. Meanwhile the head of the Marine Corps, Commandant General James Conway, in Iraq, says that "terrorists are using the Western news media as a vehicle for advancing their causes." Well then; we have come full circle. This whole thing started with the Western news media and its unverified, negative reporting. Political agendas prevail.

AW4cryinoutloud wrote on Jul 12, 2007 11:55 AM:(SP?) There is no such word as 'jelping'. Was meant to be 'helping'. Aarrggh!

Savage: wrote on Jul 12, 2007 12:26 PM:Says he will go after those who prosecute Chessani. Be careful.

Bucky wrote on Jul 12, 2007 12:29 PM:It is wrong to find fault with LtCol Chessani. He did all that he was supposed to do. Do you trust your Marines or a bunch of terrorists to tell the truth? Trust the Marine Every Time. LGen. Mattis, Free LtCol Chessani and all the other brave Marines who did their duty in Haditha, and do it NOW !

YUCCA BEAN wrote on Jul 12, 2007 2:46 PM:Well, here we go again. I was the adjutant of an armored infantry battalion in the Army and I know that the battalion commander is one busy dude, even though he has an Exec and 4 more staff officers. (S-1, S-2, S-3, S-4) In combat a battalion commander, whether in the Army or the Marines,makes operations decisions by the minute since he is so close to actual combat with only the company commanders, platoon commanders and NCO's between him and the poor grunts slogging away in close quarter combat with a wily enemy. The other strict responsability of the battalion commander is to see to the welfare of his troops, be it for food, R&R, shelter, supplies or whatever. With that picture in mind, how in the HELL was Colonel Chessani supposed to attend to his numerous duties and at the same time "investigate" complaints from some villagers deep into enemy territory?? This hearing officer is more concerned with tidy paperwork than the rigors of combat. So now we're going to prosecute a fine and honorable officer, ruin his career, run the risk of his conviction and imprisonment to satisfy some hearing officer who is marching to the beat of a drum being played by those who are out to exploit every little tad and tiddle that they possibly can. PATHETIC.

YUCCA BEAN wrote on Jul 12, 2007 2:58 PM:TO GENERAL MATTIS: Do the right thing general. Dismiss the charges against Colonel Chessani and restore this fine officer to duty. You have three stars and a very heavy duty to stand up to those who would tarnish and destroy a good officer for no real reason. Show the world that you are above this and that you will put your own career on the line if need be to do the honorable and just and right thing. Do it General for the sake of the service and for the sake of honor, duty and country.

Marine Heritage wrote on Jul 12, 2007 9:28 PM:Total travestry that a leader of Marines going face to face with known terrorists and criminally inclined are set up as scapegoats to satisfy political agendas and the media. Funny that the turncoat traitors like Murtha and even active duty Marine Officers make fools of themselves creating these unneccessary and destructive scenarios. The effective and proven motto is lead, follow or get out of the way. When Marines are allowed to fight, victory is close at hand. Do some reading on how victory was achieved in WWI and WWII. May God bless those who sleep in foxholes protecting the freedoms many take for granted.

Dave wrote on Jul 13, 2007 9:08 AM:LtCol Chessani was my Platoon Commander in Panama during operation Just Cause. He is a fine man, a great tactical commander and a good human being! It makes me sick to my stomach that during a WAR our own country seeks to criminalize the very people brave enough to fight it. LtCol Chessani is a 5 combat tour Marine, highly decorated and respected in the Corps. I believe Col. Conlin needs 5 combat tours leading young Marines in the worst possible situations imaginable before he becomes qualified to make the recommendations he has! Semper Fi Jeff.......We are behind you 100% Do not lose faith, the true Warriors of this world understand the real deal!!!!!!!!!!!!!!1

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