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April 3rd, 2007 - Attorneys for Accused Haditha Officer Fire Another Salvo

News article by North County Times

Summary of the Haditha Massacre

Attorneys for Accused Haditha Officer Fire Another Salvo

 

By Mark Walker

North County Times

April 3, 2007 9:29 AM PDT

 

North County - The highest-ranking Marine accused of helping cover up two dozen civilian killings in Iraq in 2005 did nothing wrong in the eyes of several officers and a senior enlisted man called as witnesses in the case, the accused officer's attorneys are contending.

 

Lt. Col. Jeffrey Chessani properly reported his knowledge of what happened when a squad from Camp Pendleton killed 24 Iraqis in the city of Haditha after the squad's convoy was attacked on Nov. 19, 2005, according to Brian Rooney, one of Chessani's attorneys.

 

"He went out into the field that night and the next morning to look at the battle sites in Haditha and he reported up the chain of command exactly what he knew," Rooney said Monday during a telephone interview.

 

Rooney and Robert Muise, two former Marine Corps officers, are representing Chessani free of charge through the auspices of the Thomas More Law Center in Ann Arbor, Mich. The nonprofit center works on anti-abortion causes and defends conservative Christians accused of wrongdoing.

 

In sworn statements of seven Marine Corps officers and a senior enlisted man taken by the attorneys at Camp Pendleton last week, none indicated that Chessani failed to carry out his responsibilities in reporting the incident, Rooney said. The statements were videotaped because the men are deploying to Iraq soon, he said.

 

"What Col. Chessani told the chain of command, and what these other officers reported right up through their regiment and to division headquarters, were the facts," Rooney said. "There was an engagement and the Marines responded."

 

Chessani was relieved from his post as 3rd Battalion, 1st Marine Regiment commander when the unit returned from Iraq in the spring of 2006. He remains on duty at the base pending the outcome of his case.

 

Chessani and three other officers from the regiment were charged on Dec. 21 with what the Marine Corps contends was failing to report a violation of the law of armed conflict, specifically the alleged unwarranted killing of civilians.

 

Four enlisted men under Chessani's command, including squad leader Staff Sgt. Frank Wuterich, were charged with murder and negligent homicide. They remain on limited duty.

 

The incident began when the roadside bomb destroyed a Humvee and killed Cpl. Miguel Terrazas. The Marines responded by killing five men who emerged from a taxi that happened upon the scene. They then killed 19 others, including several women and children, while assaulting three nearby homes.

 

Wuterich faces 13 counts of murder, two counts of soliciting another to commit an offense and making a false official statement. He appeared on the CBS program "60 Minutes" last month and defended his actions. The Marine Corps contends he committed murder by killing or directing the killing of people he was not certain were enemy combatants.

 

Rooney and Chessani's other attorneys have been much more vocal than any of the other accused officers' attorneys. They argue in a fresh round of publicly distributed releases from the Thomas More Law Center that the native Coloradan is a "political scapegoat" of anti-war efforts led by U.S. Rep. John Murtha, D-Penn., and Time magazine, which was the first to report the Haditha incident.

 

"The allegations from Murtha and a one-sided Time report that a massacre had occurred led to pressure and resulted in the notion that there may have been a cover-up when there was nothing of the sort," Rooney said.

 

The depositions, he said, help "debunk the false reports."

 

Marine prosecutors will not comment on the Chessani prosecution or any other pending cases.

 

From their interviews and review of two voluminous reports on what happened at Haditha, Rooney said it appears to him that what the enlisted men did that day was not a violation of the rules of engagement but simply a response to being attacked.

 

Rooney said there were two other insurgent attacks in Haditha that day leading to 11 Marines being injured. The attacks were all part of what he said was a coordinated effort.

 

Chessani's initial court hearing is set for mid-May but could be put off until the end of that month because of scheduling issues.

 

"We plan a very robust Article 32 hearing because we are not afraid of the facts and the more facts that come out the better," Rooney said.

 

A father of five who has been in the Marine Corps for 19 years, the 42-year-old Chessani was on his third assignment to Iraq when the killings occurred. The other officers accused of similar offenses are Capts. Lucas McConnell and Randy Stone and 1st Lt. Andrew Grayson.

 

External link: http://www.nctimes.com/articles/2007/04/03/news/top_stories/18_43_314_2_07.txt

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