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The War Profiteers - War Crimes,
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April 15th,
2008 - Judge Delays Start of Haditha Officer Trial to June News article by the Associated
Press |
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Judge Delays Start
of Haditha Officer Trial to June By Associated Press April 15, 2008 A military judge has granted
a seven-week delay for a court-martial for a Marine charged with failing to
adequately investigate the killings of 24 Iraqis in Haditha. A lawyer for Lt. Col.
Jeffrey Chessani says the judge agreed Tuesday to push back the trial from
April 28 to June 17. The judge wants to consider defense claims that military
officials came under "undue command influence" to charge against
their client. Attorney Brian Rooney says
the judge ordered former Marine commandant Gen. Michael Hagee to testify at a
hearing in May. A defense request to depose Pennsylvania Democratic
Congressman John Murtha over comments he made about the November 2005
killings was denied. Chessani is from Rangely,
Colo. External link: http://www.pe.com/ap_news/California/CA_Marines_Haditha_337188C.shtml Charges against Haditha
commander upheld Military judge refuses to dismiss case against Lt. Col. Jeffrey
Chessani By Mark Walker North County Times April 15, 2008 Camp Pendleton - A military
judge on Tuesday again refused to dismiss charges against the highest-ranking
officer accused of wrongdoing in the slaying of 24 Iraqi civilians following
a roadside bombing in the city of Haditha in 2005. The judge, Col. Steven
Folsom, ruled there was sufficient cause for Lt. Col. Jeffrey Chessani to
proceed to trial by court-martial at Camp Pendleton. Folsom made a similar
finding last month. The judge's latest refusal
to dismiss charges of dereliction of duty and violating a lawful order by
failing to order an investigation into the civilian deaths was followed by a
series of other rulings, including findings that a lengthy pretrial hearing
into the validity of the charges and a subsequent recommendation that
Chessani face trial were proper. Folsom also turned down a
defense attempt to compel Rep. John Murtha, D-Pa., to testify about a
briefing he received from Marine Corps commanders regarding the Haditha
killings. "It's important for the
public to know what the congressman was told," Chessani attorney Brian
Rooney argued, suggesting that Murtha's comments and the actions of senior
Marine Corps officials led to the charges. Murtha engendered widespread
criticism in 2006 when he said the Marines had "killed innocent
civilians in cold blood" and were responsible for a
"massacre." For months, Chessani's
attorneys have attempted to force Murtha and several current and former
Marine generals to testify in support of their contention that the charges
against him stem from undue influence from top Marine commanders and
represent a selective prosecution. Folsom did delay ruling on
whether former Marine Corps Commandant Gen. Michael Hagee, who has
acknowledged briefing Murtha and other members of Congress in 2006, should be
required to testify on the question of undue command influence. Chessani, 44, also is
accused of violating a lawful order for failing to order a full-scale
investigation into the civilian deaths. The Colorado native faces up to 30
months in jail and dismissal from the service if convicted and sentenced to
the maximum punishment. Chessani was in command of
Camp Pendleton's 3rd Battalion, 1st Marine Regiment in Haditha when the
civilians were killed. 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 killings became the
subject of a massive investigation and worldwide criticism after a Time
magazine reporter was made aware of the incident and raised questions about
the propriety of the Marines' actions. The investigation led to
eight Marines being charged in December 2006. Four enlisted men were
initially accused of premeditated murder and four officers were charged with
failing to order a probe. In the months since, three
of the enlisted men and two of the officers have seen the charges withdrawn
for a variety of reasons. The other officer still facing charges is 1st Lt.
Andrew Grayson. The only enlisted man now facing amended charges of voluntary
manslaughter and related offenses is the squad leader of the men who killed
the Iraqis, Staff Sgt. Frank Wuterich. The Iraqis were killed after
Wuterich directed his squad to search for their attackers after the bombing
and subsequent small-arms fire on the morning of Nov. 19, 2005. A Marine
lance corporal died in the bombing and two others were injured. Tuesday's hearing became
testy at times, with Folsom telling Robert Muse, Chessani's lead attorney,
there's no evidence that his client ever suggested to superiors there may
have been wrongdoing by the frontline troops under his command at Haditha. "Show me the evidence
that he ever reported a suspected law of war violation," Folsom said. Chessani's trial was slated
to start later this month, but has been rescheduled for June so defense
attorneys can interview people named on a recently expanded list of potential
government witnesses. Rooney said last week that
prosecutors have never offered Chessani a plea deal and that he isn't seeking
one. "It is not in his
constitution to say he is guilty of something he is not guilty of,"
Rooney said. Chessani was relieved of
command when the battalion returned from Iraq in April 2006 and he now works
as an anti-terrorism officer. His defense is being led by
the Thomas More Law Center in Ann Arbor, Mich., a Christian-based firm that
does not charge for its services. He also has two Marine Corps attorneys
assigned to his defense. External link: http://www.nctimes.com/articles/2008/04/16/military/ddcf8f8fe90d1fd78825742c005b6c91.txt |