MILITARY: Charges against Haditha commander dismissed
Judge says case was 'tainted' by 'unlawful command influence'
By MARK WALKER - Staff Writer | ∞
Lt. Col. Jeffrey R. Chessani and his wife, Alissa, walk to his arraignment followed by his attorneys on Camp Pendleton last year. (File photo by Jamie Scott Lytle - staff photographer) CAMP PENDLETON ---- In a stinging rebuke of the government's handling of a high-profile war crime case, a military judge Tuesday dismissed dereliction of duty charges against the commander of a Marine squad that killed 24 civilians in the Iraqi city of Haditha.
The dismissal of charges against Lt. Col. Jeffrey Chessani came after a finding that then-Lt. Gen. James Mattis was unlawfully influenced by a Marine attorney who participated in an investigation of the killings and then became the general's top legal adviser.
The ruling by Col. Steven Folsom, the judge presiding over Chessani's case, was a major blow to the government, which has seen charges against seven of the eight men accused with criminal wrongdoing in the 2005 killings dismissed or withdrawn. Staff Sgt. Frank Wuterich is for now the lone Haditha defendant.
Folsom ruled the participation of Col. John Ewers as an investigator and report writer in the Haditha killings and his later appointment as Mattis' top legal aide constituted unlawful command influence.
Ewers' depth of involvement, he said, "tainted" the charges against Chessani beyond repair.
"Unlawful command influence is the mortal enemy of military justice," Folsom said. "The appearance of unlawful command influence is as devastating as actual manipulation of a trial."
A dismissal, he said, was necessary to maintain public confidence in the military justice system.
Prosecutors were given three days to appeal. If they choose not to but want to continue the prosecution, Folsom said, a new investigation must be conducted. Approval of any new charges must come from a senior Marine officer who has had no association with the case, Folsom said.
Chessani, who remained stoic throughout the hearings, showed no reaction when the decision was announced at the end of an hour-long session inside a small base courtroom.
The highest-ranking man charged in the Haditha killings had been scheduled to go on trial by court-martial on July 16.
Signs of frustration
The lead prosecutor in the case, Lt. Col. Sean Sullivan, displayed visible frustration as Folsom explained why he was dismissing the two counts of dereliction of duty.
When Folsom finished, Sullivan immediately asked him to reconsider. Folsom declined, and moments later heatedly told the prosecutor he had 72 hours to decide whether to appeal the ruling; he then abruptly ended the hearing.
Mattis was commander of Marine Corps forces in the Middle East when it came time to decide if charges would be filed in the Haditha incident. His duties included presiding as the "convening authority" over the prosecution.
Mattis has since been promoted to four-star general and now works as a North American Treaty Organization commander and head of the military's Joint Forces Command in Norfolk, Va.
In a dramatic hearing last month, Mattis testified that he was not influenced by Ewers when he approved charging Chessani and seven other Marines with wrongdoing.
"I make my own decisions," the highly regarded general testified on June 2.
But Folsom said Ewers had taken part in dozens of meetings regarding Haditha. Knowing that Ewers also was a witness, the judge said Mattis erred in allowing his participation.
"He was clearly a disqualified legal adviser," Folsom said of Ewers.
The Joint Forces Command issued a prepared statement shortly after Folsom's ruling: "General Mattis said under oath that he did not speak to the officer about the case and was not influenced by him. He stands by his statement under oath."
Cautiously optimistic
After Tuesday's hearing, Chessani and his wife, Alissa, the parents of six young children, declined comment.
"We're cautiously optimistic the government won't refile the charges," said one of his attorneys, Brian Rooney. "We hope that it's over. It should be over. We believe it never should have got this far."
Chessani commanded Camp Pendleton's 3rd Battalion, 1st Marine Regiment at Haditha.
Nineteen civilians were shot by a squad from the regiment's Kilo Company as it searched houses for those responsible for a roadside bombing and subsequent small arms fire the morning of Nov. 19, 2005.
Five men who emerged from a car that drove up immediately after the bombing that killed a lance corporal also were shot.
Eight Marines were charged with wrongdoing in the case, which generated outcries on Capitol Hill and around the world when it came to light.
Four enlisted men originally were charged with murder while Chessani and three other officers faced charges related to failing to order a full-scale probe.
Chessani, 44, still faces the specter of jail time and a dismissal from the service with a loss of benefits if prosecutors refile the case and he is convicted and sentenced to the maximum.
If the Marine Corps opts not to pursue new charges, the Colorado native, who has been in the service for more than 20 years, intends to retire, Rooney said.
The accusations
Prosecutors contend Chessani failed to live up to his responsibilities, particularly when he learned that women and children were among the dead at Haditha.
Sullivan repeatedly pointed out in earlier hearings that the mayor of Haditha and its town council issued a demand for an official investigation within days of the slayings.
Staff Sgt. Wuterich led the squad that killed the Iraqis and shot the men who emerged from the car. Wuterich was first charged with multiple counts of murder.
After an investigative hearing last year, those charges were reduced to nine counts of voluntary manslaughter.
Wuterich's attorney, Neal Puckett, said Folsom's ruling has substantial implications for his client because Ewers also investigated Wuterich before becoming Mattis' legal adviser.
A request to drop the charges against Wuterich on the basis of unlawful command influence is coming, Puckett said.
Scott Silliman, a Duke University law professor and director of the Center on Law, Ethics and National Security, said he believes the Marine Corps will seek new charges against Chessani.
"The ruling has no direct bearing on the guilt or innocence of the accused, so I have to assume the government will refile," he said.
Whether justice has been served in the Haditha prosecutions depends on the outcome of Wuterich's case, Silliman said, adding he believes the case continues to be closely watched in Iraq.
"He is the principal actor in this, and before you can make a determination that justice was done, we need to see the final outcome," he said.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
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Carol wrote on Jun 17, 2008 10:27 AM:Thank goodness for some sensible judges. If only the enemy would be as merciful to our brethern as well as their own.
war is wrote on Jun 17, 2008 10:30 AM:war, let the marines fight, charges were baseless anyway
Paul wrote on Jun 17, 2008 11:05 AM:It's about time these charges were dropped against a heroic, hard-charging Marine! There was no good reason that he should have been charges!
Josh wrote on Jun 17, 2008 11:07 AM:Time to indict Resp. John Murder(Murtha) for treason. Also indict Time magazine for maliciously accusing our heroes.
Massachusetts Democrat wrote on Jun 17, 2008 11:11 AM:If unlawful command influence affected the outcome of this case it logically follows that it has affected every 'Haditha' case.
The charges against SSgt. Wuterich should be summarily dismissed immediately.
DoD can then launch the long overdue internal investigation, to include everyone at 8th and I, who allowed this prosecution to go forward in the first instance.
PhilM wrote on Jun 17, 2008 11:39 AM:NOTE: "Prosecutors have three days to appeal the ruling. If they don't, the judge, Col. Steven Folsom, ordered that a new investigation be conducted. If the charges are refiled, he said, they must be approved by a senior Marine officer who has had no association with the case." You think the scumbags in JAG or the Generals will let this die?
Daniel wrote on Jun 17, 2008 11:57 AM:This isn't over yet -- Pendleton still has to justify all the money spent on that new media center. 'Shame' they haven't been able to use it more. Congratulations, Sir, and thanks to the Thomas More Law Center. Well done.
Pam wrote on Jun 17, 2008 2:11 PM:I say we all march on Washington and formally strip Mustha of his EAG (Eagle, Globe and Anchor). He is a traitor to the Marines and to America.
DESERT BUG wrote on Jun 17, 2008 2:27 PM:Frankly, I am surprised. I really didn't think that the military judge would have the courage to rule that Four-Star General Mattis was unduly influenced. General Mattis testified that he wasn't influenced by Colonel Evers, yet Judge Colonel Folsom contradicts the General and says the General was so influenced. Wow. A Bird Colonel correcting a 4-Star General. Colonel Folsom, you're one terrific judge and a man of the highest principles and honor. THANK YOU COLONEL FOLSOM. In view of the good Judge's ruling, refiling would be idiotic, but then again, it was idiotic to file charges against Colonel Chessani in the first place! Now let's dismiss the charges against Sgt Wuterich and throw out the daffy conviction of Sgt Hutchins!!
alice wrote on Jun 17, 2008 2:33 PM:God Bless Lt. Col. Chessani and his family. They are a wonderful testimony of God's love and grace.
Pamela wrote on Jun 17, 2008 2:38 PM:Congratulations to Lt.Col. Chessani! You have been in my thoughts and prayers since this first started. I am so sorry that so many of you had to go through this. It was very unfair! It seems to me that someone doesn't like the 3/1 MARINES! It is a shame and a waste of time and money to do this. It is also a terrible thing for a family to have to go through. I hopw you can ofind a way to compensate yourself when this is done and over with. I would say that our goverment needs to pay each and every one of you back for every penny it has cost you and then for cruel and unjust accusations they have done to all of you. That is no way to treat a HERO!
oorah wrote on Jun 17, 2008 2:46 PM:I am so Happy for my HERO Col.Chessani,his wife and family.Thanks to the people who stated the positive comments above me.I completely agree .A Huge Thank you to the Thomas More Law Center and the Military Defense team for a job well done.I sure Pray that the Goverment will let a dead dog lie and quit bringing charges against our Brave Heroes, whom put everything on the line for our Freedom.Thank you and may God Bless you all.
Free Sgt.Hutchins and SSgt.Wuterich.
Concerned One wrote on Jun 17, 2008 3:09 PM:I agree with Josh. File charges against Murtha and Time Magazine, all the prosecutors and most importantly the idiot in charge. That would be Alfred E. "W" Bush and Sure-Shot Chaney!
Stryker Mom wrote on Jun 17, 2008 3:41 PM:Time Magazine and writer Tim McJerk should pay punitive damages and all attorneys' fees for all eight Marines it has libeled. This has been an outrage from the beginning. Jack Murtha is a disgrace to the uniform he once wore and the people of the 12th district of Pennsylvania he serves.
CONGRATULATIONS COL. CHESSANI AND YOUR PRECIOUS FAMILY! May God heal the wounds quickly. SSGT Wuterich, we pray your case is dismissed quickly!
MarineGunner wrote on Jun 17, 2008 4:15 PM:I am very happy to hear this news. It is a sad day that this gets very little press yet the same-sex marriage stuff is all over the place. Kudos to NCT for having at least something about it!
I also agree that Murtha and that time rag writer should go up on lible and defamation charges. Thanks also to the Savage-Nation for their support!
Beth-San Marcos wrote on Jun 17, 2008 7:03 PM:I Agree. Times and Murtha should Apologize bigtime.
And finally, I don't want to hear about any charges being refiled.
Attila the Hen wrote on Jun 17, 2008 8:19 PM:Col. Steven Folsom is to be commended for following the letter of the law and having the testicular fortitude to stand up and do the right thing. You can be sure that he well knew that his rebuke would sting the pride of a high and mighty general.
Fervent wishes that Lt.Col. Chessani and his family are left to live in peace. It's the VERY least the government, the Corps and this country owe a man who has dedicated his life to the survival of all three. Shame on John Murtha and Tim McGirk. It is high time that they were taken to task for the evil in their hearts and the misery they have caused in the name of their almighty egos and personal vendettas!
realstory wrote on Jun 17, 2008 8:54 PM:It is highly unlikely any of the 3/1 Marines would have faced any charges had the brass not issued a press release claiming the civilians were all killed by an IED blast. The individual who ordered the PR department to craft and send out a false report about how the civilians were killed owes all the men of 3/1 (and the Marine Corps) an appology. The Time magazine reporter was investigating only because the press release appeard wildly false given the witness reports, the photographs, etc. Had the press release been remotely accurate to the event, this all would likely have been avoided. Lesson? Don't lie to the public; and if you do, don't do it officially and in writing.
Chris wrote on Jun 17, 2008 10:10 PM:We have seen the pictures of all those dead Iraqis, women and children in their homes and yet all the bloggers above do is cry over the ones who killed them. No it is not alleged as Wuterich told everyone on 60 minutes. If you want to know why I never have anything good to say about America just look at your disgusting blogs. Where is there any concern for the killed Iraqis?
Daniel wrote on Jun 18, 2008 3:45 AM:Chris, we have more concern for the innocent civilians killed than their own countrymen, who saw their deaths -- the insurgents used them as shields -- as nothing more than an opportunity to exploit gullible and uninformed bleeding hearts into hating their countries. As you grow older and perhaps become more informed by actually being exposed to reality, you will look back on this time of your life and shake your head with disbelief. Or perhaps you are older now, and your opportunity for maturity has passed you by. In that case, you are simply in the category of enemies of freedom that must be defeated. Politically, of course. Isn't it interesting that the pictures you refer to are considered infallible, even though it's been admitted that many of them were staged, and some were not from that incident. But you will believe what you want, at least for now.
ED wrote on Jun 18, 2008 4:45 AM:I never expected anyone involved in these war crimes to be convicted.
lcardenas wrote on Jun 18, 2008 7:55 AM:To Chris
No Chris i am an American, my first concern is with my brothers and i will ALWAYS believe them before anyone else. Also if you cant find anything good to say about America you must have been living in a cave all your life.
jennifer wrote on Jun 18, 2008 8:42 AM:Time Mag and Tim McGirk should now have their lives on a slab-they should be sued for liable and defamation of character along with that puke Murtha-I am sick to death that this has been reported so poorly in the news-but sadly gay marriage is far more important- Michael Savage is the only talk show radio host who has kept us abreast of what is going on with this travesty- Lt.Col.Chessani has been a dedicated Marine who has sacrificed so much for his country and this is the thanks he gets- Now he has been exonerated of all charges,Thank God- However, this will have a lasting effect on his life-He deserves to be compensated for all he and his family been through-how is someone compensated for the betrayal they have suffered at the hands of their own government......is their any compensation that will remove that kind of pain?
God Bless Lt.Col.Chessani and his family-what style,grace and dignity they have maintained throughout this entire monumental miscarriage of justice-
Thank you for the sacrifices you have made over and over and over again...
Daniel wrote on Jun 18, 2008 8:53 AM:Don't worry, ED, Murtha may be convicted after all...he certainly has been in the court of public opinion.
MarineGunner wrote on Jun 18, 2008 9:52 AM:To Chris,
Do you honestly believe that all the civilians are innocent? I am sure that some are, but what do you think the 'male and female suicide-bombers' are?
They are 'civilians'... until they blow up and take many of the innocent civilians you are crying about with them. Do you see uniforms on them? Do you see uniforms on any of the insurgents? No, you don't. Why is that? Because those insurgents use thier OWN people as shields. That is a heinous crime in my eyes, as it should be in yours. They obviously cannot stand up and face our forces 'mano-e-mano' so they rely on subterfuge and cheap tactics. However, "All's fair in love and war" as the saying goes...
Richard wrote on Jun 25, 2008 4:28 PM:1.Abdul Hamid Hassan Ali, 76 -- Died with nine rounds in the chest and abdomen.
2. Khamisa Tuma Ali, 66
3. Rashid Abdul Hamid, 30.
4. Walid Abdul Hamid Hassan, 35.
5. Jahid Abdul Hamid Hassan
6. Asma Salman Rasif, 32.
7. Abdullah Walid, 4.
8. Younis Salim Khafif, 43
9. Aeda Yasin Ahmed, 41
10. Muhammad Younis Salim, 8
11. Noor Younis Salim, 14
12. Sabaa Younis Salim, 10
13. Zainab Younis Salim, 5
14. Aisha Younis Salim, 3
15. A 1-year-old girl staying with the family.
16. Jamal Ahmed, 41.
17. Marwan Ahmed, 28.
18. Qahtan Ahmed, 24.
19. Chasib Ahmed, 27.
The Taxi passengers:
20. Ahmed Khidher, taxi driver.
21. Akram Hamid Flayeh.
22. Khalid Ayada al-Zawi.
23. Wajdi Ayada al-Zawi.
24. Mohammed Battal Mahmoud.
Our soldiers executed children and civilians as young as 1 and as old as 76. Tell me, what caliber of weapon was Aisha Younis Salim, 3, firing when she was shot at close range? How will ever achieve peace in the Middle East when these crimes are perpetrated by "liberators" and then they are set free? Tell me, who IS responsible?
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