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May 30th,
2007 - Marine Faces Hearing Over Iraqi Deaths News article by the Associated
Press |
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Marine Faces Hearing Over
Iraqi Deaths By Thomas Watkins Associated Press May 30, 2007; 2:22 PM Camp Pendleton, Calif. - The
commander of the Marine battalion accused of killing 24 Iraqi civilians,
including children in their pajamas, went before the military equivalent of a
grand jury Wednesday on charges that he failed to investigate the Haditha
killings. Lt. Col. Jeffrey R. Chessani
is the highest-ranking Marine charged in the deadly sweep of the village
after a roadside bomb killed one Marine and injured two others. The Article 32 investigation
will determine whether he stands trial on charges of dereliction of duty and
violating a lawful order for failing to investigate the deaths of the men,
women and children. If convicted, he faces up to three years in prison. Marine lawyers began the
hearing with hours of videotaped testimony from Marines who are now on duty
in Iraq. The proceeding could last a week. Chessani, 43, had inspected
the scene after the Nov. 19, 2005, killings and "saw no law-of-war
violation," said his attorney Brian Rooney. He said Chessani immediately
reported the facts as he understood them to his boss, the commanding officer
for the 2nd Marine Regiment. "That same night, he
knew exactly what Chessani knew," Rooney said. "My guy is not
guilty, and neither are these other guys." During several days of
testimony earlier this month for Capt. Randy W. Stone, also charged in the
case, a two-star general said he knew about the deaths but saw no need to
investigate because he believed they happened during a legitimate combat
operation. The Haditha civilians were
killed shortly after a roadside bomb killed a Marine and injured two others
nearby. In the aftermath of the blast, a Marine squad went house to house
looking for those responsible. The Marines have said they
believed they were taking fire from the houses. They used fragmentation
grenades and machine guns to clear the homes, but instead of hitting
insurgents, they killed civilians. Three other officers are
also charged with dereliction of duty, and three enlisted Marines are charged
with murder. All belonged to the Camp Pendleton-based 3rd Battalion, 1st
Marine Regiment. Rooney said he wanted
several high-ranking officers to testify at the hearing. One witnesses he wants to
call, Maj. Gen. Stephen T. Johnson, was the commanding general of Marines in western
Iraq when the killings took place. Johnson told investigators he didn't feel
the slayings were significant. "Examples of many
civilians being killed at a time were precedent for that," Johnson told
investigators. "It happened all the time." Johnson is unlikely to
testify; Rooney said he has asserted his Fifth Amendment privileges against
self-incrimination. Rooney works for the Thomas
More Law Center in Ann Arbor, Mich., a nonprofit Christian law firm that
takes on issues of faith, family values and patriotism. Rooney said Chessani,
from Rangely, Colo., will be represented free of charge. During Stone's recent
hearing, Sgt. Maj. Edward Sax testified that "Chessani is the most
morally correct Marine officer I have ever served with in my 27 years I have
served." Maj. Samuel Carrasco
testified that Chessani shouted, "My men are not murderers," after
learning of allegations that his troops targeted civilians. Chessani "apologized
for his outburst" and said the slayings would be reviewed, Carrasco said,
adding "he had an incredible amount of agitation, frustration." © 2007 The Associated Press External link: http://www.washingtonpost.com/wp-dyn/content/article/2007/05/30/AR2007053000531.html Iraqis told
civilian deaths were 'unfortunate' By Mark Walker North County Times May 30, 2007 12:53 PM PDT Camp Pendleton - Iraqi
officials were told shortly after 24 civilians died at the hands of Camp Pendleton
Marines in Haditha in 18 months ago that while the deaths were unfortunate,
they stemmed solely from the local populace allowing insurgents to use homes
to stage attacks against U.S. troops. 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 opening day of a 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 of the Marines
when brought to light in early 2006. Chessani, 43, faces more
than two years in prison and dismissal from the service he has been a part of
for 19 years if ultimately ordered to trial, convicted and sentenced to the
maximum. Frank was called by
prosecutors to explain his role in collecting the bodies and why he, like
Chessani and three other officers charged in December with dereliction for
failing to order an investigation, did not believe a probe was necessary. "I didn't have any
reason to believe that what they had done was done on purpose," Frank
said, later adding that he did not believe the deaths represented a violation
of the rules of engagement or international laws of armed conflict. "I
assumed they had taken fire and they had made a mistake." When hospital officials began
collecting the dead from the back of two Humvees, Frank said several were
visibly upset and that one vomited. Many of the bodies were
simply loaded into the back of the Humvees and covered with plastic trash
bags because the Marine had only five body bags available, Frank said. The
dead included several women and children, including a group of at least five
children and two women found in one bedroom, he testified. The civilians were killed
after a roadside bomb destroyed a Humvee, 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 other Iraqis died during house clearing operations led by
Staff Sgt. Frank Wuterich, who is charged with 13 counts of homicide. Two
other enlisted men also face homicide charges. Chessani's attorneys contend
the Colorado native reported everything he knew and should not be facing
criminal charges. The former commander of Camp Pendleton's 3rd Battalion, 1st
Marine Regiment was relieved from that post when the unit returned from Iraq
in April 2006, a decision that his attorneys say has effectively ended in
career. Chessani's case is being
presided over by Col. Christopher Conlin, an infantry officer who is being
assisted by a Marine lawyer. The hearing is expected to
last through the end of next week and could include up to 40 or more
witnesses in addition to thousands of pages of investigative documents. Before the hearing began, Chessani's
attorney, Brian Rooney, told reporters that no requirement was in place in
2005 mandating that civilian deaths arising out of a combat situation
required an investigation. Such a requirement was instituted by the Marine
Corps in 2006, he said. Rooney said Chessani has
nothing to hide. "We want to make sure
the American public know their officers didn't cover up anything," he
said. "We are really eating our own and the terrorists are laughing in
their caves and getting everything they want." Chessani's 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 over whether Stone will be ordered to court-martial. See Thursdays' North County
Times for a full report on Wednesday's hearing. External link:
http://www.nctimes.com/articles/2007/05/30/news/top_stories/1_01_404_29_07.txt |