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March 6th, 2007 - Hearing Set for Lieutenant Colonel Charged in Haditha Case

News article by North County Times

Summary of the Haditha Massacre

Hearing Set for Lieutenant Colonel Charged in Haditha Case

 

By Mark Walker

North County Times

March 6, 2007 2:32 PM PST

 

Camp Pendleton - A hearing to help determine whether the highest ranking Marine charged in the case of 24 civilian deaths in Haditha, Iraq, in 2005 is set to get under way in two weeks.

 

The Article 32 hearing for Lt. Col. Jeffrey Chessani will feature as many as 20 witnesses called in his defense, according to one of two civilian attorneys from a Michigan faith-based organization hired to help defend him.

 

"This is one of the rare times where we have the luxury of defending an innocent man," said Brian Rooney. "The facts are in our favor."

 

Rooney and Robert Muise from the Thomas More Law Center in Ann Arbor, a nonprofit group that works on anti-abortion causes and defends Christians accused of wrongdoing, will represent the 42-year-old Chessani along with appointed military attorneys Lt. Col. Jon Shelburne and Capt. Jeffery King.

 

Shelburne is a Marine reservist who teaches law at Robert Williams University in Rhode Island and King is a defense attorney stationed at Camp Pendleton.

 

Rooney said the defense intends to take full advantage of the hearing slated to start on March 21.

 

The witnesses will show that the former battalion commander charged with violation of a lawful order and two counts of dereliction of duty for the way he handled the initial investigation did nothing wrong, Rooney said.

 

An Article 32 hearing is comparable to a probable cause hearing in civilian court where prosecutors work to establish that sufficient evidence exists to order and an accused to trial.

 

"Lt. Col. Chessani was forthright with the investigators and everything he did was proper," Rooney said during a telephone interview Tuesday morning. "We believe that we will be able to show that what Lt. Col. Chessani did that day was sufficient for the situation that occurred."

 

Chessani was one of eight Camp Pendleton Marines from the 3rd Battalion, 1st Marine Regiment charged on Dec. 21 with offenses arising out of the two dozen civilian deaths that occurred following a roadside bomb explosion in Haditha on Nov. 19, 2005.

 

Chessani was relieved from his post as battalion commander when the unit returned to Camp Pendleton in April. He remains on active duty at the base and faces up to three years confinement and dismissal from the service if convicted.

 

Rooney, a former Marine attorney who served with Chessani in the battle for the city of Fallujah in November 2004, said his client is a committed Christian who has faith that the military justice system will exonerate him.

 

"He is very professional and helpful in his own defense and is not angry at the Marine Corps and not frantic about what is happening," Rooney said.

 

But as a father of five who has been in the Marine Corps for 19 years, Chessani is concerned about the potential long-term consequences, Rooney said.

 

"He's worried about how this could affect his retirement and his family," the attorney said. "He has a lot at stake besides having been relieved of command."

 

Chessani was on his third assignment to Iraq when the Haditha killings took place.

 

An experienced infantry officer whose name was not immediately available has been assigned to preside over the hearing, Rooney said.

 

"We believe he will be able to see that what Lt. Col. Chessani did was sufficient for the situation," the attorney said. "He gave reports about what happened after visiting the scene and relying on what subordinates told him."

 

The hearing for Chessani, a native of Colorado, will be the first for any of the men charged in the Haditha incident.

 

Three other officers, Capts. Lucas McConnell and Randy Stone and 1st Lt. Andrew Grayson, also are charged with dereliction of duty for allegedly failing to properly investigate and report the incident.

 

Four enlisted men are charged with the actual killings. They are Staff Sgt. Frank Wuterich, Sgt. Sanick Dela Cruz and Lance Cpls. Justin Sharratt and Stephen Tatum.

 

Attorneys for all the accused maintain their clients are innocent and that their actions were the direct response of the bombing that killed a lance corporal and injured another Marine.

 

Rooney said the bombing and subsequent small arms fire from one or more of the four houses the Marines eventually assaulted and where most of the civilians died was one of several insurgent attacks in Haditha that day.

 

"This was a complex attack that occurred with the terrorists using civilians as cover to launch their assault and then fade away," Rooney said.

 

Chessani's background includes having served in the first Iraqi war in 1991. He later attended the Command and Staff College in Quantico, Va., where he earned a master's degree in military studies.

 

He was promoted to lieutenant colonel in 2004 and assigned to the post of operations officer for the 1st Marines in Iraq.

 

His first combat command came in May 2005, when he took over the base's 3rd Battalion.

 

Chessani majored in meteorology at the University of Northern Colorado and received his Marine Corps commission in 1988.

 

During the U.S. invasion of Panama in 1989, he captured several of former President Manuel Noriega's top officers.

 

External link: http://www.nctimes.com/articles/2007/03/06/news/top_stories/1_02_350_5_07.txt

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