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April 11th, 2008 - Haditha Battalion Commander in Court Next Week

News article by North County Times

Summary of the Haditha Massacre

Haditha Battalion Commander in Court Next Week

 

By Mark Walker

North County Times

April 11, 2008

 

Camp Pendleton - The highest-ranking U.S. Marine officer accused of wrongdoing in the wake of the slaying of 24 Iraqi civilians in the city of Haditha in 2005 is due to appear in a Camp Pendleton courtroom on Tuesday.

 

The officer, Lt. Col. Jeffrey Chessani, 44, is charged with dereliction of duty and violating a lawful order for failing to order a full-scale investigation into the civilian deaths. He faces up to 30 months in jail and dismissal from the service if convicted and sentenced to the maximum punishment.

 

Next week's court session could last as long as three days, as his attorneys are scheduled to argue a series of motions in advance of his trial by military court-martial.

 

One of his attorneys, Brian Rooney of the Thomas More Law Center in Ann Arbor, Mich., said Friday that Chessani will ask the military judge presiding over next week's hearing to move the trial date from April 28 to mid-June.

 

More time is needed to interview 47 people that the government added to its potential witness list this week, bringing the number of potential prosecution witnesses to 75.

 

The defense witness list includes 40 names, including eight character witnesses.

 

Chessani was in command of Camp Pendleton's 3rd Battalion, 1st Marine Regiment in Haditha when the civilians were killed by a squad that had been attacked by a roadside bomb and small-arms fire. The dead included several women and children.

 

His attorneys argue that his initial reports to his superiors in Iraq reflected at least 15 civilian deaths, and that no one above him believed the incident warranted an investigation.

 

The Haditha killings initially resulted in eight local Marines being charged - four enlisted men with murder and four officers for failing to order a probe of what occurred.

 

Since then, charges have been dropped against three of the enlisted men and two of the officers.

 

Besides Chessani, the two still facing charges are 1st Lt. Andrew Grayson and Staff Sgt. Frank Wuterich.

 

The civilians died after Wuterich directed his squad to search for their attackers after a roadside bomb exploded Nov. 19, 2005.

 

Courts-martial for Wuterich and Grayson are scheduled to take place at Camp Pendleton later this year.

 

Late last month, the Marine Corps dropped charges of involuntary manslaughter and related offenses against one of the enlisted men, Lance Cpl. Stephen Tatum, on the eve of his trial.

 

When it dropped the charges, the Marine Corps issued a statement saying the dismissal was ordered "in order to continue to pursue the truth-seeking process into the Haditha incident."

 

As part of the dismissal, Tatum is required to testify at the Wuterich trial as a government witness.

 

Rooney said Chessani has never been offered a plea deal and will never seek one.

 

"It is not in his constitution to say he is guilty of something he is not guilty of," Rooney said during a telephone interview. "We would welcome a resolution in the manner of those that have occurred, but right now our focus is on preparing for trial."

 

Chessani and the other Marines were first charged in December 2006. A Colorado native, Chessani remains stationed at Camp Pendleton where he is working as an anti-terrorism officer.

 

External link: http://www.nctimes.com/articles/2008/04/11/military/eaacf3a6c44c26ab88257428005caa41.txt

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