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July 11th,
2007 - Officer Recommends Marine Court-Martial News article by the Associated
Press 1st news article by
North County Times |
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Officer Recommends Marine
Court-Martial By Thomas Watkins Associated Press July 11, 2007, 8:26PM San Diego - The leader of a battalion
involved in the killings of 24 Iraqis in Haditha should face a court-martial
for dereliction of duty, the investigating officer recommended in a report
obtained Wednesday by The Associated Press. Lt. Col. Jeffrey Chessani,
43, was charged in December with dereliction of duty and violation of a
lawful order for failing to report and investigate the deaths of the men,
women and children in the biggest U.S. criminal case involving civilian
deaths to come out of the Iraq war. The investigating officer,
Col. Christopher Conlin, wrote that Chessani should face all charges. Chessani "failed to
thoroughly and accurately report and investigate a combat engagement that
clearly needed scrutiny," Conlin wrote. His defense attorney, Brian
Rooney, said Conlin's recommendation came "like a punch in the gut"
and he disputed several points. Conlin wrote that Chessani
was ordered by his boss, Col. Stephen Davis, the regimental commanding
officer, to investigate the killings. But Rooney said Davis told Chessani that
he felt the deaths were the result of lawful combat and no investigation was
needed. "I wouldn't have a
problem if the factual basis was tight and the legal analysis was solid, but
it isn't in my opinion," Rooney said. He said he would file a rebuttal
to the report and would request another preliminary hearing if Chessani is
ordered to stand trial. If convicted, Chessani would
face a maximum punishment of three years in prison, dismissal and loss of
pension. The report was provided to the
AP by a different defense lawyer who asked to remain anonymous because other
attorneys in the case had not seen it. Conlin blasted Chessani for
failing to go to the scene of the November 2005 killings immediately after
they had occurred, even though he knew 24 "neutrals" were dead. "To not have made every
attempt to be on scene as this action developed, or to not have at least
reviewed this action in detail ... is in itself negligent," Conlin
wrote. "The fact that one fireteam was solely responsible for 24 deaths
in all direct fire actions should have solicited more than passing interest
from the senior leadership of the battalion." Chessani would be the most
senior U.S. serviceman since the Vietnam War to face a court-martial for
actions or decisions made in combat, said Gary Solis, a former Marine Corps
prosecutor and judge who teaches law of war at Georgetown University Law
Center. The decision followed a
setback for the government in its case against another Haditha defendant. A
hearing officer found prosecutors lacked sufficient evidence for a
court-martial against Lance Cpl. Justin L. Sharratt, who was accused of
fatally shooting Iraqi civilians. Lt. Col. Paul Ware said
murder charges brought against Sharratt for killing three Iraqi brothers were
based on unreliable witness accounts, insupportable forensic evidence and
questionable legal theories. "The government version
is unsupported by independent evidence," Ware wrote in an 18-page report
released Tuesday by Sharratt's attorneys. "To believe the government
version of facts is to disregard clear and convincing evidence to the
contrary." Prosecutors allege Sharratt
and other members of his battalion engaged in a revenge-motivated assault on
Iraqi civilians after a roadside bomb killed a fellow Marine. Sharratt
contends the Iraqi men he confronted were insurgents and at least one was
holding an AK-47 rifle when he fired at them. "Whether this was a
brave act of combat against the enemy or tragedy of misperception born out of
conducting combat with an enemy that hides among innocents, Lance Corporal
Sharratt's actions were in accord with the rules of engagement and use of
force," Ware wrote. He said further prosecution
of Sharratt could set a "dangerous precedent that ... may encourage
others to bear false witness against Marines as a tactic to erode public
support of the Marine Corps and its mission in Iraq." He added, "Even more
dangerous is the potential that a Marine may hesitate at the critical moment
when facing the enemy." The recommendations by the
investigating officers for both Chessani and Sharratt are nonbinding. Final
decisions about whether they should stand trial will be made by Lt. Gen.
James Mattis, the commanding general overseeing the cases. At Chessani's preliminary
hearing, several witnesses testified that Iraqis had complained to Chessani
soon after the killings and that he promised to look into what had happened. But Chessani, of Rangely,
Colo., said he never ordered a formal investigation because he believed the deaths
resulted from lawful combat. In the only other
preliminary hearing in the Haditha case, an investigating officer recommended
dereliction of duty charges against Marine lawyer Capt. Randy W. Stone be
dealt with administratively. Besides Sharratt, two other
enlisted men are charged with murder. Four officers are accused of failing to
investigate the deaths. External link: http://www.chron.com/disp/story.mpl/ap/nation/4961323.html Hearing
officer: Haditha commander should be court-martialed By Mark Walker North County Times July 11, 2007 11:12 PM PDT Camp Pendleton - A Marine
battalion commander whose troops killed 24 Iraqi civilians in Haditha
following a 2005 roadside bombing should face trial because he "failed
to do his duty" by not fully investigating the deaths, according to a
military hearing officer. Col. Christopher Conlin
makes the recommendation in a report - obtained by The Associated Press on
Wednesday - that calls for Lt. Col. Jeffrey Chessani to face court-martial
for two counts of dereliction of duty and one count of violation of a lawful
order. "He failed to
thoroughly and accurately report and investigate a combat action that clearly
needed scrutiny," Conlin wrote in his recommendation. Whether Chessani stands
trial is up to Lt. Gen. James Mattis, the convening authority over the case
as head of Marine Corps forces in the Middle East and commander of Camp
Pendleton's I Marine Expeditionary Force. During a two-week hearing
conducted by Conlin at Camp Pendleton in late May and early June, Chessani
maintained that he reported what he knew to his superiors and never ordered a
full-scale probe because he believed the Iraqi deaths stemmed from combat
action. The Haditha town council had
presented Chessani with a written demand for an investigation eight days
after the killings. Chessani's failure to go to the scene of the deaths and
conduct a personal inspection were points that Conlin keyed in on during the
hearing. The 43-year-old Chessani, a
Colorado native, commanded the 3rd Battalion, 1st Marine Regiment when the
incident occurred Nov. 19, 2005. The civilians were killed
after a roadside bomb destroyed a Humvee, killing a lance corporal and
injuring two other Marines. Chessani's attorneys issued
a written statement Wednesday calling Conlin's recommendation disappointing. "If we are forced to go
to a general court-martial, Lt. Col. Chessani will be judged by a true jury
of his peers - many will be combat veterans themselves," wrote Brian
Rooney. "We are very comfortable with that scenario." Chessani is the
highest-ranking officer among four charged by the Marine Corps with
dereliction of duty. Two have yet to have court hearings. The case of a third
officer, Capt. Randy Stone, should be handled administratively and not as a
criminal matter, according to the recommendation of the hearing officer in
his case. In their statement,
Chessani's attorneys contend the recommendation he face trial "deals
more with political correctness than criminality." "Col. Chessani is
chastised in the report because he had more confidence in his men than in
insurgent propaganda," they wrote. The Haditha investigation
arose three months after the incident when Marine commanders in Iraq were
questioned by a Time magazine reporter. If convicted, Chessani faces
up to three years in jail, loss of retirement benefits and dismissal from the
service, the officer's equivalent of a dishonorable discharge. The Associated Press
contributed to this report. External link: http://www.nctimes.com/articles/2007/07/12/news/top_stories/1_61_077_11_07.txt Haditha
hearing officer has more work ahead By Mark Walker North County Times July 11, 2007 11:12 PM PDT Camp Pendleton - The
military hearing officer who has recommended murder charges be dropped
against one of three Marines charged in the 2005 slaying of 24 Iraqi
civilians in Haditha will also preside over hearings for the other two. Lt. Col. Paul J. Ware's
knowledge of the case and the manner in which he conducted a recent hearing
for Lance Cpl. Justin Sharratt could help their clients, attorneys for the
remaining two defendants said Wednesday. In a report released
Tuesday, Ware cited self-defense and insufficient evidence in recommending
that three murder charges against Sharratt be dropped. Proceeding to trial without
a strong case would set a dangerous precedent and could affect the actions of
Marines in Iraq today, Ware wrote. Ware, the senior military
judge at the Marine base in Hawaii, also has been designated as the hearing
officer for the case against Lance Cpl. Stephen Tatum, whose Article 32
hearing gets under way Monday. Article 32 hearings are akin to civilian
probable-cause hearings and determine if sufficient evidence exists to
warrant trial. Tatum is charged with two
counts of unpremeditated murder and four counts of negligent homicide. Ware also is scheduled to
preside over the hearing for Staff Sgt. Frank Wuterich, the man who led the
assault in Haditha. Wuterich faces 13 counts of unpremeditated murder and two
counts of soliciting another to commit an offense. One of the 13 murder counts
against Wuterich is for shooting the fourth man inside the home after Sharratt
had emptied a 9 mm pistol. Neither man disputes taking
part in the shootings, and each contends he was responding to a threat. Wuterich's lead attorney
Neal Puckett said Ware's recommendation in the Sharratt case was a good sign
for his client. "It does generally bode
well for the notion that at least we can expect a full and fair
hearing," Puckett said. Tatum's attorney Jack
Zimmerman said he was impressed with Ware after watching the Sharratt
hearing. "He asks cogent
questions, and he gets right to the point," Zimmerman said. "I was
encouraged by the fair way he conducted the hearing." Former Marine attorney and
judge Gary Solis, a widely recognized military law authority, said he did not
believe Ware's recommendation in the Sharratt case will have any direct
impact on the Wuterich and Tatum cases. "Having been a military
judge, I know that it is possible for an experienced judge to ignore the
elephant in the room," Solis said. "Each case will get considered
on its individual merits." After reading Ware's report,
Solis said he was impressed with the reasoning and conclusions. "He's very firm,
straightforward and clear," Solis said, adding that he expects Camp
Pendleton's Lt. Gen. James Mattis to follow the recommendation. The Haditha killings
resulted in charges against eight Kilo Company men from Camp Pendleton's 3rd
Battalion, 1st Marine Regiment known as the "Thundering Third." Sgt. Sanick Dela Cruz was
charged with five counts of murder, but charges against him were dropped in
exchange for his testimony against the other defendants. Four battalion officers were
charged with dereliction of duty for failing to fully investigate and report
the incident. A hearing officer who heard
the evidence against one of those officers, Capt. Randy Stone, recommended
his case be handled administratively and not proceed to trial. Col. Christopher Conlin, an
infantry officer who presided over the hearing earlier this year for the
battalion commander at Haditha, Lt. Col. Jeffrey Chessani, is recommending he
face trial, saying he failed to carry out his responsibilities. The Sharratt case In his report on Sharratt,
Ware concluded that his killing three of four Iraqi brothers inside a bedroom
was justified. He said Sharratt's decision to open fire was within the rules
of engagement because two of the men were holding AK-47 assault rifles. "To believe the
government's version of facts is to disregard clear and convincing evidence
to the contrary and sets a dangerous precedent that, in my opinion, may
encourage others to bear false witness against Marines as a tactic to erode
public support of the Marine Corps and its mission in Iraq," Ware wrote.
"Even more dangerous is the potential that a Marine may hesitate at the
critical moment when facing the enemy." He also said that statements
taken in Iraq from relatives of the slain brothers alleging that the men were
marched into a room and executed by Sharratt and Wuterich were wholly
inconsistent with physical evidence collected by agents from the Naval
Criminal Investigative Service. In recommending the charges
be dropped, Ware also called for the Marine Corps to grant Sharratt immunity
to testify at other hearings. A final decision on what
happens to Sharratt will come from Mattis, who is the convening authority as
head of Marine Corps forces in the Middle East and commander of the base's I
Marine Expeditionary Force. Mattis has followed hearing
officer recommendations in similar cases. External link: http://www.nctimes.com/articles/2007/07/12/news/top_stories/1_51_357_11_07.txt |