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May 21st,
2008 - Attorney: Judge Finds Evidence of Conflict in Marine’s Case News article by the Associated
Press |
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Attorney:
Judge Finds Evidence of Conflict in Marine’s Case By the Associated Press May 21, 2008 San Diego - Lawyers for a
Marine officer charged with failing to investigate a squad's killings of 24
Iraqis in Haditha say a military judge has found evidence of undue command
influence over the case. Lt. Col. Jeffrey Chessani
claims a military lawyer who investigated the November 2005 killings had a
conflict of interest when he later advised generals overseeing the Haditha
trials. Defense attorney Brian
Rooney said Wednesday that the judge stated in a preliminary ruling Tuesday
that the military adviser created both the fact and the appearance of a
conflict. Rooney says he plans to ask
the judge to dismiss the case at a hearing June 2 at Camp Pendleton. Chessani is from Rangely,
Colo. External link: http://www.chicoer.com/news/national/ci_9335030 Undue influence cited in
Chessani case Ruling by military judge could have major impact in prosecution of
Haditha Marine lieutenant colonel By Mark Walker North County Times May 21, 2008 Camp Pendleton - A military
judge has found that top Marine Corps officers were unlawfully influenced by
a general's legal adviser when they decided to file criminal charges against
a colonel whose troops killed two dozen civilians in the Iraqi city of
Haditha in 2005 The impact of this week's
ruling by Col. Steven Folsom in the case against Lt. Col. Jeffrey Chessani
was not immediately clear, but his attorneys described it as a "major
speed bump." A legal expert with no ties
to the case said it may mean the case will have to start anew. The ruling forces
prosecutors to prove beyond a reasonable doubt that no unlawful command
influence led to charging Chessani, according to his attorneys. The Colorado
native faces charges of dereliction of duty and violating a lawful order for
failing to conduct a full-scale investigation into the civilian deaths. Eight Marines from Camp
Pendleton's 3rd Battalion, 1st Marine Regiment were originally charged with
wrongdoing at Haditha. Four enlisted men were charged with murdering the
Iraqi civilians and four officers were charged with offenses related to
failing to investigate the incident. The dead included several women and
children. Chessani is the
highest-ranking officer charged in connection with the incident, which came
after a roadside bomb destroyed a Humvee, killing a lance corporal and
injuring another Marine. The ruling in part found
that Marine generals overseeing the case were influenced by the legal adviser
during closed-door discussions about Chessani's role. Brian Rooney, one of
Chessani's attorneys, said Wednesday that the ruling creates a steep hurdle
for prosecutors. "They have to be able
to show conclusively that there was no unlawful command influence, which
which the judge found that there was," Rooney said during a telephone
interview. Lt. Col. Sean Gibson, a
Marine Corps spokesman for the Haditha trials, said the service would have no
comment on the ruling. Prosecutors are barred by policy from commenting on
any aspect of an ongoing case. Chessani is being
represented by the Thomas More Law Center in Ann Arbor, Mich. Richard
Thompson, the firm's president and chief counsel, praised Folsom's ruling. "Considering the
politically charged nature of this case and particularly this motion, Col.
Folsom made a courageous decision," he said in a written statement. Thompson also said that
"the taint of unlawful command influence started from the inception of the
investigation when high-ranking Pentagon officials decided to make Chessani a
political scapegoat to appease a liberal, anti-war press and
politicians." Gary Solis, a military law
expert who teaches at Washington's Georgetown University and is a former
Marine Corps attorney, prosecutor and judge, said the ruling could have a
major impact on the prosecution. "It most likely means
the Marine Corps will have to re-initiate the charging process because you
cannot proceed with a case in which there is a finding of unlawful command
influence," Solis said Wednesday during a telephone interview. "In
a sense, the Marine Corps is fortunate that the ruling comes now. If it came
after the case was decided and there was a conviction, that conviction would
have to be set aside." Solis also said the ruling
could mean that a new convening authority overseeing the case may have to be
appointed. Under the Uniform Code of Military Justice, the convening
authority decides what charges should be brought, relying on the advice of a
military prosecutor. The convening authority over the Chessani case is Camp
Pendleton's Lt. Gen. Samuel Helland. In the months since the men
were charged, five of the defendants have seen their cases dismissed. The
only remaining defendants in addition to Chessani are 1st Lt. Andrew Grayson
and Staff Sgt. Frank Wuterich. Wuterich faces several
counts of manslaughter and related offenses. His trial is pending as is
Grayson's. Chessani, who was the battalion commander when the killings
occurred Nov. 19, 2005, is scheduled to go on trial before a military jury at
Camp Pendleton next month. External link: http://www.nctimes.com/articles/2008/05/22/military/z71fbc5f0abeaf6ac8825745000554a57.txt |