|
The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
|
June 10th,
2007 - Top Marine in Haditha Case Claims Innocence News article by San Diego
Union-Tribune 1st news article by North
County Times |
|
Top Marine in
Haditha Case Claims Innocence Court-martial ruling pending in killings By Alex Roth San Diego Union-Tribune June 10, 2007 Camp Pendleton – The
highest-ranking Marine charged in the deaths of 24 Iraqis testified yesterday
that he committed no crimes and called the day he was relieved of his
battalion command “probably the single most devastating day of my life.” Lt. Col. Jeffrey Chessani –
accused of failing to properly investigate the killings of the 24 Iraqis,
including women and children, in the city of Haditha – said “the decisions I
made, the actions I took, were made in good faith.” Chessani, 43, was the final
witness in a hearing that will help determine whether the former commander of
the 3rd Battalion, 1st Marines should be court-martialed. Military prosecutors say
several Marines in Chessani's battalion went on an unprovoked killing spree
Nov. 19, 2005, after a fellow Marine was killed in a bomb blast. The 24
Iraqis were all innocent civilians, prosecutors contend, although defense
lawyers have suggested some were insurgents. On the advice of his
lawyers, Chessani's testimony was unsworn and he was not subject to
cross-examination from Col. Chris Conlin, the investigating officer who will
recommend whether Chessani should be court-martialed. Six other Marines have
been charged with crimes ranging from murder to dereliction of duty. In less than 10 minutes of
questioning by one of his lawyers, Chessani said his 19 years in the Marine
Corps have included several combat deployments. He called his promotion to
battalion commander “the pinnacle, the top of my career.” Although prosecutors have
charged Chessani with dereliction of duty for failing to investigate the 24
deaths, Chessani testified yesterday that he was preoccupied with a dozen
other events that day, including several firefights and bomb blasts in
Haditha and elsewhere. “It was nonstop action, one
event after another,” he said. Prosecutors have said
Chessani had numerous opportunities to investigate after that day. In April 2006, after a
journalist's inquiry prompted military brass to look into the 24 deaths,
Chessani was relieved of his command. If he is court-martialed and convicted,
Chessani – whose wife is pregnant with the couple's sixth child – could be
dismissed from the military and imprisoned for three years. “I still love the Marine
Corps,” he said. “I have no hard feelings and won't, no matter how this turns
out.” But, he added, “I do not believe that my decisions and my actions are
criminal.” Closing arguments in the
case are scheduled for tomorrow, after which Conlin will make a written
recommendation on whether Chessani should be court-martialed. The final
decision rests with Lt. Gen. James Mattis, commander of the 1st Marine
Expeditionary Force at Camp Pendleton. Also yesterday, the lawyer
for Capt. Randy Stone said a military investigator has recommended against
court-martialing Stone, although Mattis will make the final decision in that
case, too. A preliminary hearing for Stone, who is charged with dereliction
of duty, concluded last month. External link: http://www.signonsandiego.com/news/military/20070610-9999-1m10haditha.html Accused Officer
Defends Haditha Decisions By Teri Figueroa North County Times June 10, 2007 7:50 AM PDT Camp Pendleton - The highest
ranking officer to be charged in connection with the deaths of 24 Iraqis in
Haditha defended his decisions in the aftermath of the deaths, saying in a
Camp Pendleton courtroom Saturday that he had operated "in good
faith." "I understand that I am
accountable for my decisions and actions," Lt. Col. Jeffrey Chessani
said in a firm voice, "but I do not believe my decisions and actions
were criminal." Chessani was commander of
Camp Pendleton's 3rd Battalion, 1st Marine Regiment when 24 civilians were
killed in the city of Haditha on Nov. 19, 2005. Chessani and three other
officers face dereliction charges for not ordering a probe of the chaotic
incident. Three enlisted men from the battalion face murder charges. "Hindsight is
20/20," Chessani said, standing with his hands clasped behind his back
as he spoke. "I will tell you the decisions I made, the actions I took,
were made in good faith." Also Saturday, the defense
attorney for Capt. Randy W. Stone, one of the accused officers, said a
recently released report recommends against sending Stone to court-martial.
Stone served as the battalion's attorney. 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. The
explosion killed a lance corporal and injured two other Marines. Charges arising from the
Haditha deaths make up one of the largest criminal cases in the more than
four years since the U.S. invasion of Iraq. Chessani's attorneys contend
that Chessani reported everything he knew about the incident immediately
after it happened and should not face criminal charges. In the wake of an
investigation - spurred by a media report - into the Haditha deaths, Chessani
was stripped of his command in April 2006, when his unit returned from Iraq. In court, Chessani said that
day was "the single most devastating (day) of my life." He said his
service as a battalion commander was "the pinnacle, the top of my
career." Chessani made his unsworn
statement, which lasted slightly more than five minutes, in front of the
hearing officer, Col. Christopher Conlin. It came as answers to questions
posed by Chessani's military defense attorney, Lt. Col. John Shelburne. Attorneys on both sides of
the case are scheduled to make closing arguments Monday. When the hearing concludes,
Conlin will write a report stating whether he believes Chessani should face
court-martial, the military equivalent of a trial. The final decision of how to
handle Chessani's case lies with Lt. Gen. James Mattis, who is the convening
authority. Chessani could face more
than two years behind bars and dismissal from the service if ordered to trial
and convicted. Monday also marks the first
day of pretrial proceedings for Lance Cpl. Justin Sharratt, the first of the
investigative hearings for any of three enlisted men charged with murder as
alleged triggermen in the Haditha deaths. Testifying of behalf of
Chessani on Saturday via telephone from Saudi Arabia was Col. Brennan Bryne,
who was Chessani's commanding officer when the two were in the first battle
of Fallujah in April 2004. Byrne testified that
Chessani had displayed "impeccable integrity" and "excellent
judgement," and was a person who would not hesitate to share bad news. "He, of anyone, would
know if there was something that smelled funny, he would get the information
out," Byrne said. External link: http://www.nctimes.com/articles/2007/06/10/news/top_stories/23_24_046_9_07.txt Report suggests dropping
charges against officer in Haditha case By Teri Figueroa North County Times June 10, 2007 Camp Pendleton - A military
hearing officer has recommended that a Marine captain accused of failing to
probe the deaths of 24 Iraqis in Haditha should not face court-martial, the
captain's attorney said Saturday. Capt. Randy W. Stone is
charged with dereliction of duty for failing to investigate the Nov. 19,
2005, deaths that came in the aftermath of a roadside bomb attack that destroyed
a Humvee, killing one Marine and injuring two others. Charles Gittins, the
civilian attorney representing Stone, said Maj. Thomas McCann is recommending
dismissal of the criminal charges because the evidence does not support them. McCann oversaw Stone's
Article 32 hearing, which is akin to a preliminary hearing or a grand jury
investigation in civilian courts. Gittins said McCann also
suggested that Stone's case be handled administratively, instead of through
military criminal courts. McCann's report is only a
recommendation. It will be sent to Lt. Gen. James Mattis, who will make the
final decision in the case as head of Marine Corps forces in the Middle East
and as commander of Camp Pendleton's I Marine Expeditionary Force. McCann's recommendation
comes slightly more than three weeks after the conclusion of Stone's
seven-day hearing. On May 15, near the end of
that hearing, Stone in an unsworn statement to McCann, said he attributed the
fatalities to combat, and that he never had a reason to believe a war crime
had been committed. "My firm belief - that
there was no law of armed conflict violation - was the foundation for what
actions I did take as well as action I did not take," Stone told McCann. The 34-year-old native of
Dunkirk, Md., was the legal affairs officer for Camp Pendleton's 3rd
Battalion, 1st Marine Regiment in Iraq at the time of the killings, which
took place at the hands of troops from the unit's Kilo Company. Stone faces more than two
years in jail if he is sent to court-martial and convicted. If his case is handled with
an administrative, or nonjudicial, punishment, it would not result in a
criminal conviction. Punishments could include having his pay cut in half for
two months, 60 days restriction to the base, 30 days home confinement and a
formal reprimand. In closing arguments at the
end of the investigative hearing three weeks ago, prosecutor Lt. Col. Paul
Atterbury contended Stone needed to be held accountable for failure to
investigate a suspected violation of law, a suspicion that didn't arise until
several weeks later when a Time magazine reporter said he had reason to
believe a massacre had taken place. Atterbury also argued that
Stone needed to serve as a moral compass for the battalion and therefore
should have known to conduct at least a preliminary inquiry. During his closing
summation, Stone's attorney, Gittins, argued that none of the testimony
showed Stone knew anything beyond the first account given by the Marines who
would ultimately face murder charges in the killings. That account indicated
that the civilians were "collateral damage" killed during the
course of a combat action and no investigation was necessary. The first civilians to die that
day were five men who drove up in a car immediately after the bombing. An
additional 19 civilians - including two women and five children - died
afterward, when the Kilo Company troops stormed three nearby homes because of
suspicions the bomb triggerman and other insurgents were inside. The Marine Corps initially
said that 15 civilians died in crossfire and that eight insurgents had been
killed. Despite that first report,
when the Marines were charged nine months later, the service said that 24
civilians were killed and did not identify any of the victims as suspected
insurgents. On Monday, an Article 32
gets under way for Lance Cpl. Justin Sharratt, one of three Marines accused
of being triggermen in the slayings. External link: http://www.nctimes.com/articles/2007/06/10/news/top_stories/23_23_566_9_07.txt |