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June 9th, 2007 - Marine Officer to Give Court Statement in Haditha Case

News article by the Associated Press

News article by North County Times

Summary of the Haditha Massacre

Marine Officer to Give Court Statement in Haditha Case

 

By Allison Hoffman

Associated Press

June 9, 2007

 

Camp Pendleton, Calif. - After being advised to open an inquiry into the deaths of 24 Iraqis at the hands of Marines in the town of Haditha, witnesses say Lt. Col. Jeffrey Chessani responded with outrage, shouting "My men are not murderers!"

 

On Saturday, Chessani is slated to go before a military court to defend that view in his own words.

 

His statement comes after a week and a half of preliminary hearings, called an Article 32. An investigating officer will determine at the conclusion of the hearings whether Chessani will stand trial on charges of dereliction of duty and violating a lawful order for failing to investigate the deaths of the men, women and children in a deadly sweep.

 

Chessani, 43, is the most senior Marine of seven charged in the case, and the highest-ranking Marine officer charged since the start of the Iraq war. He faces up to three years in prison if convicted.

 

Character witnesses called Friday and early Saturday morning described Chessani as a leader who stayed calm under pressure and was admired by his troops.

 

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.

 

Attorneys for Chessani, from Rangely, Colo., have said he reported the facts as he understood them at the time, and saw no violation of the laws of war.

 

He agreed to review the slayings and apologized for his outburst, according to Maj. Samuel Carrasco, operations officer at the time for the 3rd Battalion, 1st Marines.

 

The two dozen people were killed as a Marine squad went house to house looking for those responsible for a roadside bomb that killed one Marine and injured two others.

 

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.

 

External link: http://www.sanluisobispo.com/348/story/63313.html


Accused Marine Cases to Continue This Summer

 

By Mark Walker

North County Times

June 9, 2007 11:27 PM PDT

 

North County - The pace of hearings and trials at Camp Pendleton for two groups of Marines accused of committing war crimes in Iraq is speeding up as an increasing number of cases reach court months after charges were first leveled.

 

While the typical day-to-day business of the Marine Corps' largest West Coast base goes on with troops training and deploying, the nature of the court proceedings - troops accused of misconduct during the U.S. occupation of Iraq - continues to capture public and media interest.

 

On the docket are Marines charged with criminal acts stemming from deaths of civilians in the western Iraqi towns of Hamdania and Haditha.

 

Speedy trial rules, court calendars, the number of defendants and motion hearings have combined to result in proceedings in the two incidents being conducted on the same day inside two of three small base courtrooms.

 

On Monday, another case begins when a hearing gets under way for Lance Cpl. Justin Sharratt, one of the men accused of murder for his role in the death of 24 Iraqis in Haditha in 2005.

 

Nineteen of the slain died inside their homes in what would become one of the largest criminal cases in the more than four years since the U.S. invasion of Iraq.

 

Sharratt, who attended high school in Indiana and whose family now lives in the Pennsylvania congressional district of U.S. Rep. John Murtha, is charged with three counts of unpremeditated murder and could face life imprisonment if ordered to trial and convicted.

 

It was Murtha who last year sparked controversy when he said the Marines in the Haditha incident had killed in "cold blood" as a result of frequent deployments and combat stress. Murtha has been a leading voice among congressional Democrats who want U.S. troops withdrawn from Iraq.

 

Sharratt's lead attorney, Gary Myers, said Friday that his client is a seasoned Marine whose Iraq service includes participating in one of the major battles of the war, the 2004 fight for the city of Fallujah.

 

Myers said that in Haditha, Sharratt did nothing to warrant the charges he faces.

 

"We have always said that what was done with respect to our client was appropriate," the attorney said during a telephone interview from his offices in Washington, D.C. "He is an experienced Marine who knew how to conduct house-to-house operations."

 

Sharratt's hearing is expected to last most if not all of the week.

 

Under the Uniform Code of Military Justice, accused troops such as Sharratt first appear before a hearing officer who presides over the presentation of the evidence by both sides.

 

At the conclusion of what are called Article 32 hearings, the hearing officer writes a report to the convening military authority stating whether there is sufficient cause to order the case to trial.

 

Camp Pendleton's Lt. Gen. James Mattis is the convening authority over the Haditha and Hamdania cases as head of Marine Corps forces in the Middle East and commander of the I Marine Expeditionary Force.

 

If Mattis orders an accused Marine to trial, a military jury appointed by Mattis hears the case. Much of the testimony that emerged in the Article 32 hearing will be repeated at trial.

 

Here's a look at the status of the cases:

 

Hamdania

 

Eight troops from Camp Pendleton's 3rd Battalion, 5th Marine Regiment were charged in June 2006 with abducting and killing Hashim Ibrahim Awad, a retired Iraqi policeman. The incident took place in the village of Hamdania, northwest of Baghdad, in the early morning hours of April 26, 2006.

 

Five of the eight men charged in that case have reached plea agreements with prosecutors, leaving three defendants to face trial this summer.

 

The following is the status of each Hamdania defendant:

 

- Hospitalman 3rd Class Melson Bacos: Pleaded guilty to kidnapping and conspiracy to kidnap and making false official statements. Sentenced to 12 months in the brig. He was released earlier this year.

 

- Pfc. John Jodka III: Pleaded guilty to aggravated assault and conspiracy to obstruct justice. Sentenced to 18 months in the brig.

 

- Lance Cpl. Tyler Jackson: Pleaded guilty to aggravated assault and obstruction of justice. Sentenced to 21 months in the brig.

 

- Lance Cpl. Robert Pennington: Pleaded guilty to conspiracy to commit premeditated murder and kidnapping and pleaded guilty to kidnapping. Sentenced to eight years in prison.

 

- Lance Cpl. Jerry Shumate Jr.: Pleaded guilty to aggravated assault and conspiracy to obstruct justice. Sentenced to 21 months in the brig.

 

- Cpl. Marshall Magincalda: Faces trial this summer on charges of murder, kidnapping, conspiracy and related offenses in the Awad killing. Trial date not set.

 

- Cpl. Trent Thomas: Faces two-week trial that is expected to start July 9 on charges of murder, kidnapping, conspiracy and related offenses for his role in the Awad killing. A two-day hearing addressing pretrial motions in his case starts Thursday.

 

- Sgt. Lawrence Hutchins III: Squad leader charged with murder, kidnapping, conspiracy and related offenses faces two-week trial scheduled to start July 16. A three-day motions hearing for Hutchins begins Monday.

 

Haditha

 

In the Haditha case, four officers and four enlisted men were accused of wrongdoing arising out of the two dozen Iraqi civilian deaths that took place on the morning of Nov. 19, 2005. The men from the 3rd Battalion, 1st Marine Regiment were formally charged on Dec. 21.

 

The officers face dereliction of duty and related offenses, charges that are based on prosecutors' contentions that they failed to order an investigation into the deaths. Hearings for two of four officers took place last month and last week.

 

The enlisted men were charged with murder and related offenses.

 

The following is the status of each Haditha defendant:

 

- Capt. Randy Stone: Charged with dereliction of duty and related offenses for failing to order an investigation. Stone's Article 32 hearing to determine if he should face court-martial was conducted in May. On Saturday, Stone's attorney said the official recommendation from the investigating officer is that Stone should not face court-martial, and that the case warrants only an administrative punishment.

 

- Lt. Col. Jeffrey Chessani: He commanded the 3rd Battalion, 1st Marine Regiment at Haditha and is charged with dereliction of duty and violation of a lawful order. His Article 32 hearing is on track to wrap up on Monday.

 

- 1st Lt. Andrew Grayson: charged with dereliction of duty, making a false statement and obstruction of justice. His Article 32 hearing is tentatively scheduled to start later this month.

 

- Capt. Lucas McConnell: charged with dereliction of duty. Article 32 hearing to take place this summer.

 

- Lance Cpl. Stephen Tatum: Charged with murder and assault. Article 32 hearing takes place this summer.

 

- Sgt. Frank Wuterich: Charged with murder, soliciting another to commit an offense and making a false statement. Article 32 hearing takes place this summer.

 

- Sgt. Sanick Dela Cruz: Charged with murder and making a false statement. Charges were dropped in May in exchange for testimony against the other defendants.

 

- Lance Cpl. Justin Sharratt: Charged with murder. Article 32 hearing starts Monday.

 

External link: http://www.nctimes.com/articles/2007/06/10/military/13_74_286_9_07.txt

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