CAMP PENDLETON - A Marine battalion commander whose troops killed 24 Iraqi civilians in Haditha following a 2005 roadside bombing was in a military courtroom Wednesday, fighting two new criminal allegations that he failed to properly report the incident to military brass.

Prosecutors are pushing to add two more counts of dereliction of duty against Lt. Col. Jeffrey Chessani for allegedly allowing an inaccurate initial report to be sent up the chain of command, and then failing to update it when details of what happened during the Nov. 19, 2005, incident became clearer.

Chessani's attorney, Robert Muise, argued in court Wednesday that, as Chessani learned more details of what happened, he provided the correct information - by phone - up the chain of command on the same day of the incident.

While Chessani's battalion didn't update the written report, Muise argued that military rules say phone, e-mail and other forms of communication are viable alternatives to written reports.

"There was no intention to falsely report information," Muise argued. "There was no criminal act committed."

Investigating officer Col. Christopher Conlin will make a recommendation in the coming weeks about whether Chessani should face court-martial on the two new counts.

Last month, Conlin recommended Chessani face court-martial on three criminal allegations - two counts of dereliction of duty and one count of violation of a lawful order - for his handling of the aftermath of the incident, including the failure to launch a full investigation into why so many civilians died.

Conlin reopened the pretrial investigation hearing Wednesday to hear evidence from Chessani's defense lawyers, who are fighting the two additional dereliction-of-duty charges.

Whether Chessani stands trial on any of the five allegations is up to Lt. Gen. James Mattis, a commander at Camp Pendleton who is head of Marine Corps forces in the Middle East.

Many of the 24 victims were in homes raided by a squad of Camp Pendleton Marines after their convoy was hit by a roadside bomb. The squad members said they were taking gunfire after the explosion and stormed the homes in pursuit of their attackers.

The area of Haditha had been a hotbed of insurgent activity at the time, according to testimony at other proceedings arising from investigations into the deaths. The civilian deaths came on a chaotic day of battle.

Chessani has 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. In June, he told Conlin that he had operated in "good faith."

Chessani was stripped of his command when his unit returned from Iraq in April 2006, essentially ending his once-bright military career.

With the criminal case, Chessani could face more than two years behind bars and dismissal from the service if he is tried and convicted.

Chessani is the highest-ranking Marine officer to be charged in connection with the deaths. Three other officers and three enlisted men are also fighting charges related to the case.

- Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.