REGION: Charges against Haditha commander upheld
Military judge refuses to dismiss case against Lt. Col. Jeffrey Chessani
By MARK WALKER - Staff Writer | ∞
CAMP PENDLETON ---- A military judge on Tuesday again refused to dismiss charges against the highest-ranking officer accused of wrongdoing in the slaying of 24 Iraqi civilians following a roadside bombing in the city of Haditha in 2005.
The judge, Col. Steven Folsom, ruled there was sufficient cause for Lt. Col. Jeffrey Chessani to proceed to trial by court-martial at Camp Pendleton.
Folsom made a similar finding last month.
The judge's latest refusal to dismiss charges of dereliction of duty and violating a lawful order by failing to order an investigation into the civilian deaths was followed by a series of other rulings, including findings that a lengthy pretrial hearing into the validity of the charges and a subsequent recommendation that Chessani face trial were proper.
Folsom also turned down a defense attempt to compel Rep. John Murtha, D-Pa., to testify about a briefing he received from Marine Corps commanders regarding the Haditha killings.
"It's important for the public to know what the congressman was told," Chessani attorney Brian Rooney argued, suggesting that Murtha's comments and the actions of senior Marine Corps officials led to the charges.
Murtha engendered widespread criticism in 2006 when he said the Marines had "killed innocent civilians in cold blood" and were responsible for a "massacre."
For months, Chessani's attorneys have attempted to force Murtha and several current and former Marine generals to testify in support of their contention that the charges against him stem from undue influence from top Marine commanders and represent a selective prosecution.
Folsom did delay ruling on whether former Marine Corps Commandant Gen. Michael Hagee, who has acknowledged briefing Murtha and other members of Congress in 2006, should be required to testify on the question of undue command influence.
Chessani, 44, also is accused of violating a lawful order for failing to order a full-scale investigation into the civilian deaths. The Colorado native faces up to 30 months in jail and dismissal from the service if convicted and sentenced to the maximum punishment.
Chessani was in command of Camp Pendleton's 3rd Battalion, 1st Marine Regiment in Haditha when the civilians were killed. His attorneys argue that his initial reports to his superiors in Iraq reflected at least 15 civilian deaths, and that no one above him believed the incident warranted an investigation.
The killings became the subject of a massive investigation and worldwide criticism after a Time magazine reporter was made aware of the incident and raised questions about the propriety of the Marines' actions.
The investigation led to eight Marines being charged in December 2006. Four enlisted men were initially accused of premeditated murder and four officers were charged with failing to order a probe.
In the months since, three of the enlisted men and two of the officers have seen the charges withdrawn for a variety of reasons. The other officer still facing charges is 1st Lt. Andrew Grayson. The only enlisted man now facing amended charges of voluntary manslaughter and related offenses is the squad leader of the men who killed the Iraqis, Staff Sgt. Frank Wuterich.
The Iraqis were killed after Wuterich directed his squad to search for their attackers after the bombing and subsequent small-arms fire on the morning of Nov. 19, 2005. A Marine lance corporal died in the bombing and two others were injured.
Tuesday's hearing became testy at times, with Folsom telling Robert Muse, Chessani's lead attorney, there's no evidence that his client ever suggested to superiors there may have been wrongdoing by the frontline troops under his command at Haditha.
"Show me the evidence that he ever reported a suspected law of war violation," Folsom said.
Chessani's trial was slated to start later this month, but has been rescheduled for June so defense attorneys can interview people named on a recently expanded list of potential government witnesses.
Rooney said last week that prosecutors have never offered Chessani a plea deal and that he isn't seeking one.
"It is not in his constitution to say he is guilty of something he is not guilty of," Rooney said.
Chessani was relieved of command when the battalion returned from Iraq in April 2006 and he now works as an anti-terrorism officer.
His defense is being led by the Thomas More Law Center in Ann Arbor, Mich., a Christian-based firm that does not charge for its services. He also has two Marine Corps attorneys assigned to his defense.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
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RWC wrote on Apr 15, 2008 5:20 PM:Chessani is innocent!
Massachusetts Democrat wrote on Apr 15, 2008 6:05 PM:Can anyone explain why Congressman Murtha cannot be deposed by the defense? . . . Are there two Constitutions at work here?
PhilM wrote on Apr 15, 2008 6:15 PM:>> "Show me the evidence that he [Lt. Col. Jeffrey Chessani] ever reported a suspected law of war violation," [the judge, Col. Steven] Folsom said.
Massachusetts Democrat wrote on Apr 15, 2008 6:51 PM:In a CNN interview - Safa Younis - who says eight members of her family were killed by U.S. troops - recalled that she was getting ready for school as the Marine Humvee approached.
"I was planning to go to school. I was about to go out of bed. I knew the bomb would explode so I covered my ears," the youngster said, according to a CNN translator.
Case closed.
RWC wrote on Apr 15, 2008 7:32 PM:You need to watch the DVD "The New Barbarians" by Caryl Productions to really understand what is going on in Iraq.
Sgt/Grunt 9th Marines 67 wrote on Apr 15, 2008 8:24 PM: I studied my Latin under an old mustang,Capt.Carroll, as in Camp Carroll, and a fine bird Col.Anthony Walker. Semperfi... meant always faithful. I,m proud of you Lt.Col Chessani, hi didle-didle up the middle and everyday is a holiday and every meal is a feast.I would be a grunt in your command.God bless you and your family and your Marines.
Mom of A Marine wrote on Apr 15, 2008 9:15 PM:Is sick of this! Here's a quote: "Even though Lt. Col. Chessani immediately reported the events of that day to his superiors, including the death of 15 noncombatant civilians caught in the crossfire, nobody in Lt. Col. Chessani's chain of command, all the way to Gen. Casey, showed any interest in conducting an investigation because they understood this to be combat action – not a law of war violation," the law firm said.[end quote]{so why would Chessani report it as that???} Here's another: It was statements such as Murtha's that conflicted with the results of military's own investigations. The first, done by Army Col. G.A. Watt found "there are no indications that [Coalition Forces] intentionally targeted, engaged, and killed noncombatants." Later, Army Maj. Gen. Aldon Bargewell found no cover-up, the Thomas More firm said.[end quote] I could go on but it is just ridiculous. THEY DID NOTHING WRONG! THEY DEFENDED THEMSELVES WHICH IS THEIR...RIGHT...and their job!
Esteban wrote on Apr 15, 2008 9:17 PM:Hey MA DEmocrat - where does the constitution enumerate a right to depose anyone at all?
Mom of A Marine wrote on Apr 15, 2008 9:28 PM:Hey Estaban...the accused HAVE A RIGHT to CONFRONT THEIR ACCUSERS!! Well...Murtha certainly, MORE THAT QUALIFIES as an ACCUSER!
Massachusetts Democrat wrote on Apr 16, 2008 5:41 AM:Esteban, here's the short version of the Fourteenth Amendment:
a. Where a person is a litigant in a formal judicial proceeding, a quite full panoply of procedural safeguards is constitutionally required for "due process."
b. The government is required to give the accused the right to a hearing, the right to call witnesses, the right to counsel, the right to a fair and objective trial, and the right to an appeal.
c. Other constitutional provisions aside from the Due Process Clause give additional procedural safeguards; for example, the Sixth Amendment confers a right to jury trial in criminal cases, the right to appointed counsel if one is indigent, and a right to confront witnesses against oneself.
This case went like this: Accusation, Conviction, Investigation, Trial.
Read all of the documents and study the timeline.
oorah wrote on Apr 16, 2008 7:03 AM:You are a Hero Col. Chessani,Thank you for your Service and all the sacrificies you and your family make daily.This whole thing makes me ashame of our Goverment,every American ought to be outradge on whats going on.
Its like Alice in Wonderland. First the verdict,then the trial,but in between we will have motion to limit what evidence we will allow,,got to make sure we get that verdict we want."we want the truth" thats a joke.
Thanks mom of a Marine and others for taking the time to show your support for these HEROES.
Col. you and your Loved ones are in my thoughts and Prayer
oorah
S/F
AJ wrote on Apr 16, 2008 7:32 AM:He shouldn't be up on charges. There was no cover-up. The rest of the chain of command knew this happens durning combat. Let the LTC go!! He's being railroaded!!
There ya go wrote on Apr 16, 2008 8:35 AM:Cops shooting people on the street get a pass... Marines at war go to prison.... guess they need a union, that would even things out.
DESERT BUG wrote on Apr 16, 2008 10:58 AM:"The killings became the subject of a massive investigation and worldwide criticism after a Time magazine reporter was made aware of the incident and raised questions about the propriety of the Marines' actions." There ya go. Murtha added to the charade by hurling baseless accuasations and then some top brass did a CYA manuever. DOD signs on to a campaign aimed at deflecting any possible criticism of their sorry selves. Chessani, Grayson, Wuterich, Hutchins and all the other PERSECUTED Marines are the villains, but insurgent Iraqi accusers are now the heroes. Bin Laden must be dancing in glee at what is happening. Justice has been turned upside down. Why, why, why do Murtha and some top generals now HIDE? If they are blameless in these persecutions and no undue command influence took place, why won't they come forth for examination in court? I think you know the answer.
Stryker Mom wrote on Apr 16, 2008 11:22 AM:The greatest fighting force the world has ever known will cease to exist if they must second guess themselves in combat for fear of being prosecuted. Our forces have sacrificed so much to liberate countries who can never hope to repay the unspeakable offerings made in their behalf. America is the last great hope. President Bush is presiding over the death of the military as we know it. Jack Murtha has too much at stake not to get the convictions he is counting on. Lt.Col. Chessani, our hearts go out to you and your family. May God help us all.
esteban wrote on Apr 16, 2008 11:40 AM:Folks, the post at 9:17 wasn't me. Fake esteban at it again.
roger wrote on Apr 17, 2008 8:40 AM:im writing a report on civil rights and I would like to do it on military men that have be convited of war crimes that shouldn't have been if anyone has any ideas let me know thanks good work soliders youve done well
Think wrote on Apr 17, 2008 2:00 PM:Why does every marine have to do a commercial to sell the service they volunteered for? Is there an image problem?
To Think wrote on Apr 17, 2008 8:38 PM:Gee, ya think? Is there an image problem? For at least 2 years, all the MSM, Murtha, and the "invited press" covering these cases have been demonizing, judging, convicting, and slandering these Marines even before there was a completed investigation. I don't know where you're getting the "every Marine doing a commercial" thing, but I know where the "image problem" is coming from. Those who know these Marine don't have a "problem" with them. Only those gullible enough to believe what the biased media puts out there as fact, have a problem with the Marines! So, Think...try thinking!
Publicity wrote on Apr 17, 2008 9:26 PM:Way to get more publicity-news was getting slow. Marines are in the news again!
Leatherneck wrote on Apr 18, 2008 7:38 AM:Murtha is one of us and I will side with Murtha-"Semper FI". Murtha may know more about it than the average civilian person. Murtha has been good for the Marines as one of us "proud and few good men". Semper Fi!
Proud Infidel wrote on Apr 18, 2008 10:48 AM:To Leatherneck or whomever you are posing as today:
Murtha has an agenda to get re-elected. He has done nothing for the good of the Marines. He is not one of us, nor or you. Remember Americans, a very sick little fella poses to be a real Marine and many other different personalities to get his anti-military agenda across. Ignore him as one would a petulant child.
Jamey wrote on Apr 18, 2008 11:11 AM:I am eternally grateful for the men and women who put their lives on the line to keep us free. We owe them a debt that can never be repaid. Thank you from the depths of my heart for all of you who serve! May God bless you. May God bless America.
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