The War Profiteers - War Crimes, Kidnappings, Torture and Big Money

 

May 30th, 2007 - Marine Faces Hearing Over Iraqi Deaths

News article by the Associated Press

News article by North County Times

Summary of the Haditha Massacre

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

Back to news & media - year 2007

Back to main archive

Back to main index