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June 2nd, 2007 - General Blames Report in Haditha Case

News article by Los Angeles Times

News article by North County Times

Summary of the Haditha Massacre

General Blames Report in Haditha Case

He says he didn't order an investigation of 24 civilian deaths because report was misleading.

 

By Tony Perry

Los Angeles Times

June 2, 2007

 

Camp Pendleton - A Marine general testified Friday that he probably would have ordered an investigation of the killing of 24 civilians in the Iraqi town of Haditha but for a misleading report filed by the commander there.

 

The testimony by Maj. Gen. Richard Huck is central to the prosecution's case against Marine Lt. Col. Jeffrey Chessani, 43, accused of dereliction of duty and violating a lawful order for not launching a complete investigation of the killings.

 

On Nov. 19, 2005, Marines under Chessani's command shot five young men near their car and then killed 19 members of three families in or near their homes. The incident occurred in the early morning near the market area of Haditha, a onetime insurgent stronghold in the Euphrates River valley.

 

The five men shot to death "were essentially executed," said Lt. Col. Paul Atterbury, a prosecutor. No weapons were found in or near the car.

 

Eight Iraqis were killed in the first house, six in the second and four in the third. One civilian was killed outside one of the homes. Marines lobbed fragmentation grenades into the houses and then fired M-16s as they entered; evidence suggested that the Marines fired hundreds of rounds.

 

The report filed by Chessani that night indicated that the deaths were the result of a roadside bombing and crossfire between Marines and insurgents.

 

But evidence in Chessani's Article 32 inquiry, similar to a preliminary hearing, showed that no weapons or insurgent shell-casings were found in the houses and that the homes were more than 100 yards from where a bomb had exploded under a Humvee, killing a Marine and injuring two.

 

Defense attorneys assert that Chessani informed his bosses that there had been civilian fatalities, including women and children. But prosecutors say the report was misleading in suggesting that the Marines were responding to gunfire and that some of the deaths had been caused by the roadside bomb.

 

Prosecutors emphasized that the report indicated Chessani had examined the scene of the killings. According to testimony, Chessani did not go to the scene.

 

Chessani's report violated the "trust tactics" that Marine officers rely upon to get information from the battlefield, Huck testified. Huck said that based on Chessani's report, he decided that no investigation of the incident was needed.

 

"There is a high level of confidence when a formal report comes through and says the battalion commander is on the scene," he said.

 

At the time of the killings, Huck was commander of the 2nd Marine Division. Chessani commanded the 3rd Battalion, 1st Marine Regiment.

 

The military ordered an investigation only after Time magazine published a lengthy article that included accounts from Iraqi witnesses. In December 2006, four officers and four enlisted Marines were charged in what is the largest war-crime allegation involving U.S. troops in Iraq or Afghanistan.

 

Chessani also did not forward a demand for an investigation that the Haditha town council made just after the shootings. During the hearing Friday, Atterbury pressed Huck for his opinion of that decision.

 

If he had known of the demand, Huck testified, he would have concluded that "perhaps I should get an investigation started."

 

A second officer, Lt. Col. Christopher Starling, said that, like Huck, he saw nothing in the report filed by Chessani's battalion that provided evidence of a war crime. Starling testified that battalion commanders had repeatedly been lectured to avoid civilian casualties.

 

Starling, who was operations officer for the 2nd Marine Regiment and read Chessani's daily reports, said civilian casualties undercut the U.S. effort to win the populace's support away from the insurgency.

 

"If you kill the wrong people, that's going to reflect on how they view you," Starling said on a speaker phone from Iraq, where he is now a battalion commander.

 

The hearing officer, Col. Christopher Conlin, will make a recommendation to Lt. Gen. James N. Mattis on whether the case against Chessani should go to court-martial, be dropped or be dealt with in an administrative process.

 

The Article 32 hearing is expected to last another week, as the defense calls character witnesses for Chessani, a decorated infantry officer who was on his third tour in Iraq.

 

External link: http://www.latimes.com/news/printedition/asection/la-fg-abuse2jun02,1,5458233.story


General questions whether commander fully detailed Haditha killings

 

By Mark Walker

North County Times

June 2, 2007 12:22 AM PDT

 

Camp Pendleton - A general said Friday he now questions whether the battalion commander who led U.S. Marines accused of murder in the deaths of 24 civilians in Haditha in 2005 reported everything he knew about the killings.

 

The general, Maj. Gen. Richard Huck, said he is uncertain whether Lt. Col. Jeffrey Chessani was completely forthright in the days and weeks following the incident.

 

"The question becomes, did he report everything he knew, and I have some questions about that," Huck said at the conclusion of more than two hours of testimony conducted via a video hookup from the Pentagon in Virginia.

 

Chessani was commander of Camp Pendleton's 3rd Battalion, 1st Marine Regiment until relieved of that post when the unit returned from Iraq in April 2006.

 

Huck commanded the 2nd Marine Division and the II Marine Expeditionary Force Forward and was one of Chessani's bosses when the slayings were carried out the morning of Nov. 19, 2005.

 

Nineteen Iraqis died inside homes and five were killed while being held at gunpoint after emerging from a car that drove up shortly after a roadside bomb destroyed a Humvee, killing a lance corporal and injuring two other Marines.

 

Now working in a planning position in Washington, Huck gave his testimony on the third day of a hearing that will determine whether Chessani will face a court-martial on charges of dereliction of duty for failing to fully report and investigate the deaths.

 

The general said he had expected that any alleged wrongdoing that emerged would have been reported as soon as possible.

 

Late in the day of the killings, Chessani sent a report to regimental headquarters stating that 15 civilians and eight insurgents had died, an inaccurate account based on the first reports from Marines involved in the incident.

 

That initial report would be the official account of what happened for several weeks. It remained unchanged until questions were raised by Time magazine in January 2006.

 

When asked by prosecutor Lt. Col. Paul Atterbury whether he had ever been made aware that three entire families were killed, including several women and children, Huck said he did not learn about the families until after an investigation was ordered in February 2006.

 

"I would have expected any new facts or discoveries to be reported," he said.

 

Atterbury asked Huck whether he had ever learned that Haditha officials alleged within days that the men in the car were students who had been, in the prosecutor's words, "essentially executed by the Marines."

 

"That should have been reported," Huck said.

 

Huck also said he didn't become aware until this week that the Haditha town council met with Chessani eight days after the killings and presented a formal letter, written in English, contending a war crime had been committed.

 

"If that document was presented, (that) needs to be reported and the commander should be thinking, 'Perhaps I should get an investigation started,' " Huck said.

 

Chessani, 43, and three other battalion officers were charged Dec. 21 with dereliction of duty for failing to investigate. Four enlisted men were charged with murder, although prosecutors dropped charges against one in April in exchange for his testimony.

Testimony from a two-star general at a preliminary hearing is an unusual occurrence in the military justice system. Longtime military lawyers say generals rarely testify in criminal cases, and that an appearance by one carries a great deal of weight with the officer presiding over the session.

 

Chessani's attorneys sought Huck's testimony to show that he had in fact reported the killings up the chain of command. They contend that it was up to commanders above him to determine whether an investigation was necessary.

 

Huck wasn't the only general to testify Friday.

 

Brig. Gen. John Toolan also testified via video hookup from Washington, saying he has known Chessani for 18 years and considers him a man of strong values who always gave commanders a straight answer.

 

Toolan, who oversees Southeast Asia issues for Defense Secretary Robert Gates, said he doubted Chessani would sit on bad news.

 

"I don't have any question that he would ever try to hide it or cover up," Toolan said.

 

Col. Christopher Conlin, the hearing officer, asked Toolan his opinion of Chessani's failure to go to the site of the bombing until a day later and not within hours of the event. Toolan said he was surprised to hear of that.

 

"A battalion commander should be at the point where there is conflict," he said.

 

The hearing continues today. It will be closed to reporters and the public on Monday when classified testimony is scheduled to be heard.

 

When the hearing wraps up, Conlin will write a report to Lt. Gen. James Mattis stating whether he believes the charges should move forward to trial. Mattis is head of Marine Corps forces in the Middle East and is the convening authority over the case.

 

Chessani could face more than two years behind bars and dismissal from the service if ordered to trial and convicted.

 

External link: http://www.nctimes.com/articles/2007/06/02/news/top_stories/23_40_466_1_07.txt

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