Directories
Quick Searches
Find a Job
Quick Search
For Employers
Yahoo! HotJobs Local Search
Judge won't dismiss charges against Haditha commander
By: MARK WALKER - Staff Writer
Case against Lt. Col. Jeffrey Chessani on track for April 28 court-martial | ∞
CAMP PENDLETON -- A military judge has refused to dismiss charges against the highest-ranking officer accused of wrongdoing after the killing of two dozen Iraqi civilians in the city of Haditha two years ago.
The judge, Col. Stephen Folsom, rejected attempts by attorneys for Lt. Col. Jeffrey Chessani to throw out the case or order that a new pretrial investigative hearing take place to determine whether the charges against Chessani should stand.
Chessani was the battalion commander at Haditha when a squad of Camp Pendleton Marines killed the civilians after a roadside bombing and small-arms attack on Nov. 19, 2005.
The civilian deaths occurred as troops searched for their attackers. Those killings and the actions of commanders in the aftermath have led to the largest criminal case against Marines since the invasion of Iraq in 2003.
One of Chessani's attorneys, Brian Rooney, said Wednesday that Folsom also has refused to allow a deposition to be taken from U.S. Rep. John Murtha, D-Pa. The defense is seeking to depose Murtha as part of its motion to have the case dismissed, arguing that the charges resulted from "undue command influence."
Murtha said the Marines had "killed in cold blood" after receiving a briefing from a Marine commander.
The judge also refused to grant the defense access to the computer hard drives of commanders above Chessani that contained e-mail messages about the incident. Chessani's attorneys contend those messages show that their client had fully reported what he knew and that commanders far above him, including at least two generals, had concluded that no formal investigation into the civilian deaths was required.
"That was the most stunning part of the ruling," Rooney said. "We intend to file a motion asking the judge to reconsider that, because the essence of the case is all about the reporting."
Chessani, who commanded Camp Pendleton's 3rd Battalion, 1st Marine Regiment at Haditha in November 2005, is charged with dereliction of duty and failing to accurately report and thoroughly investigate a possible war crime. He is scheduled to go on trial by military court-martial on April 28.
Two Marines under his command, Staff Sgt. Frank Wuterich and Lance Cpl. Stephen Tatum, face courts-martial this spring on manslaughter charges in the civilian deaths.
Richard Thompson, chief counsel of the Christian-based Thomas More Law Center of Ann Arbor, Mich., which is representing Chessani, said the pretrial rulings against Chessani and the prosecution itself "stink to high heaven."
"Denying us the right to take Murtha's deposition so that we could show undue command influence, as well as denial of our request for production of documents in the possession of Lt. Col. Chessani's superiors, makes it impossible for us to render this loyal Marine officer the effective assistance of counsel he deserves," Thompson said in a written statement. "They are attempting to throw him under the bus."
A second officer also accused of wrongdoing at Haditha, 1st Lt. Andrew Grayson, has been in a Camp Pendleton courtroom this week for a motion hearing in advance of his trial.
The weightiest of the issues in that hearing is a defense contention that the military discharged Grayson last year -- and thus has no jurisdiction to try him at a court-martial, said Grayson's attorney, Joseph Casas, during a break in the hearing Wednesday.
"It's a critical and interesting motion," Casas said. "We are saying this court-martial is not proper."
According to Casas, the military is saying it was a mistake when they discharged Grayson from the Marine Corps in June, and then tried to recall him to active duty 13 days later.
Grayson is charged with obstruction of justice and lying to investigators.
The obstruction charge centers on Grayson ordering a sergeant to destroy photographs of the dead Iraqis, a directive that he told investigators was consistent with the Marine Corps' policy in Iraq in 2005.
-- Staff writer Teri Figueroa contributed to this report. Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
More Stories
Advertisement
AW4cryinoutloud wrote on Mar 5, 2008 2:58 PM:To Bill: Where? In what country? I haven't seen it in this one. This judge cares as much about the truth as you; which, apparently is NON existent.
Truth wrote on Mar 5, 2008 3:59 PM:Watch DVD068 - The New Barbarians - DVD
Matrisciana, Caryl - Caryl Productions then you will know the truth. These terrorist will not hesitate to use cilivians and even children to promote their violent ambitions.
Unfair rulings wrote on Mar 5, 2008 8:11 PM:I knew it! So, Congressman Murtha won't be asked to testify but he sure did shoot his mouth off quickly condemning these American Marines. It pays to have friends in high places... while our servicemen are hung out to dry. I believe this is corrupt to the core. A Congressman says our Marines are guilty of coldblooded murder in the press BEFORE any details even came out about the story. I have seen the footage of Murtha and I didn't see him even relay whole story at the time but I think he embellished it for his own personal antics, and then he gets away without any accountability for his actions. I hope the judge will reconsider because a Congressman's influence over the media and within the Washington establishment may have unfairly influenced this entire case from the top down. I think Lt. Col. Chessani deserves a fair trial and I'll bet most of America would agree with me, my question is why doesn't the judge and the prosecution believe the same?
War wrote on Mar 6, 2008 3:45 AM:War is hell. How do you expect marines to get fired upon and not fight back at all? this is no war crime, its a war accident. anyone saying these men are murderers have no idea what war is like. so shut it
AW4cryinoutloud wrote on Mar 6, 2008 8:48 AM:To Unfair rulings: Seems like everyone is beholden to "someone".
DESERT BUG wrote on Mar 6, 2008 3:27 PM:Murtha had "command" influence? I'm sure the defense has a basis for that, but it's hard for me to see how a congressman is in the chain of command above a Marine officer. But to deny access to the hard drives of the generals above Col. Chessani is flat wrong. Beyond that, they should be required to testify in court as to whether or not Col. Chessani did report the incidents to them. Murtha SHOULD BE grilled in court regarding his irresponsible comments in these cases. Who was the Marine officer who spoke to Murtha? How about subpoenaing him? The good Colonel is only one of many fine Marines being persecuted at the behest of a bunch of DOD bureaucrats. Looks like the groundwork is being laid for an appeal of Colonel Folsom's decisions.
A Friend wrote on Mar 6, 2008 7:26 PM:To DESERT BUG: Murtha, influential U.S. Congressman, Chairman House Appropriations Defense Subcommittee, submitted a House Res. on November 17, 2005 to terminate troop deployment to Iraq. Defense Subcommittee Jurisdiction: Dept. of Defense -Military; Departments of Army, Navy (including Marine Corps), Air Force, Office of Sec of Defense, and Defense agencies = Unlawful Command Influence when you accuse troops of murder while the DOD is still investigating. Can, in my personal opinion, be summed up in one word: Jerk!
Massachusetts Democrat wrote on Mar 6, 2008 8:13 PM:Mr. Murtha's information, and the basis of his charge that a 'massacre' had occurred in Haditha did not come from a Time magazine article.
An individual with a political agenda within DOD or HQUSMC gave Mr. Murtha the words he used in making his accusation.
Lt. Col. Chessani and the other accused possess a constitutional right to face their accusers.
Clearly, at a very high level or our government, a decision has been made to make this case go away by denying the accused a fundamental right.
Something smells here.
Pam wrote on Mar 7, 2008 8:25 AM:Why am I not surprised?? Honest, wow!!
I guess they must feel the need to make an example out of someone. Who cares what it does to him, his family, friends or the AMERICANS who believe in him! Not important at all. If you can't back your country and the Military, prehaps you just move on over there and get a taste of REAL freedom. Me, I will stay here and continue to back these heroes. What about war don't people get? How easy it is to forget we have been attacked and more than likely will ge again. That is when people will once again believe that these people want us killed. We pay for every civilian that is killed over there. How much do they pay for our losses? I am sorry, but I can not believe that this whole trial is going on. I am so sorry for these Marines and their families. I will back them always. I have never had the opportunity to have a woman or a child blow me up or someone close to me. I can't imagine such a thing, and we are suppose to trust. America and American sure have changed. The very idea of punishing someone for protecting us is beyound STUPID!!
At it again? wrote on Mar 7, 2008 4:42 PM:Why are you guys censoring again? Has the USMC asked you to stop letting folks post their opinions of Haditha? It's beyond strange since Haditha is a very hot topic and I do not believe that there are only a few folks commenting on your articles. Please don't insult us with you excuse of libel and fact checking, cos we know that's not true base on what ends up here.
- Burst pipe causes 70-foot-deep sink hole in Carlsbad (2466)
- REGION: State green power plan will cost consumers billions (1444)
- HOUSING: Fraud victims struggle to regain cash, credit (1399)
- REGION: Talk of new immigration bill gets mixed reaction (1053)
- VISTA: Grocer brothers suspected of threatening former butcher (1033)
Advertisement