CAMP PENDLETON - Shortly after 24 civilians died at the hands of Camp Pendleton Marines in Haditha 18 months ago, local Iraqis were told the deaths were unfortunate but resulted from residents allowing insurgents to use homes to mount attacks, according to a Marine lieutenant who helped collect the bodies.

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 first day of a multiday 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 when brought to light in early 2006. Three other officers face similar charges and three enlisted men face homicide charges.

The cases are playing out in military hearings at Camp Pendleton.

Frank, a platoon commander in Haditha in 2005, was called by prosecutors to explain his role in retrieving the bodies and what he knew of the about the role members of the 3rd Battalion, 1st Marine Regiment's Kilo Company played in the civilian deaths.

"I didn't have any reason to believe that what they had done was done on purpose," Frank said of the Marines responsible for the deaths. He later said he did not believe that a violation of the rules of engagement or international laws of armed conflict had occurred.

"I assumed they had taken fire and they had made a mistake," he said of the Marines.

Not enough body bags

When hospital officials began collecting the dead from the back of two Humvees, several were visibly upset and one vomited, Frank said, adding that most of the bodies were covered by plastic trash bags because there weren't enough body bags.

The dead included at least five children and two women found, all of whom were found in one bedroom, he testified.

The civilians were killed after a massive roadside bomb destroyed a Humvee at about 7:15 that morning, 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 others died when Marines entered nearby homes. They were led by Staff Sgt. Frank Wuterich, who is charged with 13 counts of homicide.

Chessani's attorneys contend that he reported everything he knew about the incident immediately after it happened and should not face criminal charges.

As three of his family members looked on, Chessani said little other than to acknowledge his rights and that he is satisfied with the four attorneys, two civilian and two military, representing him.

Also testifying via videotape was 1st Lt. Alexander Martin, who said he encountered "screaming mothers and angry fathers" a day after the killings when he toured the neighborhood where they took place. Martin was a platoon second lieutenant in Haditha in 2005.

"The people were very standoffish and scared," he said. "The men were staring at us."

With Martin was freelance combat photographer Lucian Reed, who is expected to testify during the hearing. Photos Reed took that day were published with a Time magazine story in March 2006 that first reported the incident.

Martin also said that after the Nov. 19 incident, Haditha residents were much more cooperative.

"After Nov. 19, people would come up to me and tell me where the IEDs were," he said in reference to the military's shorthand for roadside bombs, or improvised explosive devices.

Complaints made after killings

While none of the witnesses who testified said they believed an investigation into the deaths should have been launched immediately, a captain said that two Iraqis complained to him two days after the incident.

The officer, Capt. James Haynie, said one told him that members of his family had been pulled from their homes and shot by the Marines. The other protested that the men who emerged from the car were students on their way to the city of Ramadi.

A company commander in Haditha, Haynie said he brought those concerns to Capt. Lucas McConnell, one of the officers facing dereliction of duty charges. Haynie said McConnell later told him that the car had AK-47 assault rifles in it and that some of the men wore "chest rigs" carrying explosives.

Prosecutors pointed out that there is no record of any rifles or explosives collected by Marines from any of the homes that were assaulted or from the car.

Wednesday's testimony ended when former battalion Sgt. Maj. Edward Sax described Chessani as the most morally upright man he has ever known and said he wouldn't have "batted an eye" if he believed an investigation should have been done.

Chessani's case is being presided over by Col. Christopher Conlin, an infantry officer who is being assisted by a Marine lawyer. When the hearing concludes, Conlin will write a report stating whether he believes Chessani should face court-martial, the military equivalent of a trial.

Before the hearing began, Chessani attorney Brian Rooney said there was no requirement in place in 2005 mandating an investigation of civilian deaths arising out of a combat incident. Such a rule was instituted in 2006, he said.

Rooney said Chessani has nothing to hide and will make a statement at the end of the hearing.

"We want to make sure the American public know their officers didn't cover up anything," he said.

The 43-year-old Chessani faces more than two years in prison and dismissal from the service he has been a part of for 19 years if ordered to trial.

His 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 on whether Stone will be ordered to court-martial.

The defense is also seeking to have several generals testify about what they knew about the Haditha incident.

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