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June 17th,
2008 - Judge Dismisses Charges in Haditha Killings 1st news article by
the Associated Press |
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Judge
Dismisses Charges in Haditha Killings By Chelsea J. Carter Associated Press June 17, 2008 Camp Pendleton, Calif. - A
military judge dismissed charges Tuesday against a Marine officer accused of
failing to investigate the killings of 24 Iraqis. Col. Steven Folsom dismissed
charges against Lt. Col. Jeffrey Chessani after finding that a four-star
general overseeing the case was improperly influenced by an investigator
probing the November 2005 shootings by a Marine squad in Haditha. "Unlawful command
influence is the mortal enemy of military justice," Folsom said.
"In order to restore the public confidence, we need to take it back. We
need to turn the clock back." Chessani, of Rangely, Colo.,
was the highest-ranking officer to face a combat-related court-martial since
the Vietnam War. The charges were dismissed
without prejudice, meaning they can be refiled, but Folsom barred Marine
Forces Central Command from future involvement in the case. Of eight Marines originally
charged in the case, only one is still facing prosecution in the biggest U.S.
criminal prosecution involving Iraqi deaths to come out of the war. The incident occurred after
a Marine was killed by a roadside bomb. Staff Sgt. Frank Wuterich,
who faces voluntary manslaughter charges, and a squad member shot five men by
a car at the scene. Investigators say Wuterich then ordered his men to clear
several houses with grenades and gunfire, leaving women and children among
the dead. Wuterich has pleaded not
guilty. Folsom's ruling comes two
weeks after Gen. James Mattis took the stand - a rare courtroom appearance for
such a high-ranking officer - to address the judge's initial finding that
there was evidence of unlawful command influence in the case. Col. John Ewers, the
military lawyer who investigated the killings and took Chessani's statement,
later became a top legal adviser to Mattis and sat in on briefings that
helped Mattis decide who would be charged. Mattis testified he never
talked with Ewers about Haditha, although Ewers was present during a number
of legal meetings where Haditha and Chessani were discussed. Military policy prohibits
Ewers from offering legal advice because he also was an investigator in the
case. Mattis approved the filing
of charges against Chessani when he was both commander of the Marine Corps
Forces Central Command and the commander of the 1st Marine Expeditionary
Force at Camp Pendleton. He has since been promoted and serves as commander
of both NATO's Supreme Allied Commander Transformation and commander of U.S.
Joint Forces. Four enlisted Marines were
originally charged with counts related to the killings and four officers were
charged in connection with the investigation, including Chessani. External link: http://ap.google.com/article/ALeqM5hNUaTPsL6OBHarjCDUGxJ0EYsm9AD91BUJ880 Military judge
to rule on future of Haditha case By Chelsea J. Carter Associated Press June 17, 2008 San Diego - The fate of the
prosecution of a Marine officer accused of failing to probe the killings of
24 Iraqis rests on whether a military judge finds a four-star general was
wrongfully influenced by an investigator when he decided to file charges. The judge, Marine Col.
Steven Folsom, has indicated he will deliver his ruling Tuesday on whether
there was unlawful command influence in the prosecution of Lt. Col. Jeffrey
Chessani, the highest ranking officer charged in the case. Attorneys for Chessani say
Folsom canceled a hearing on pretrial motions, saying he would only be
addressing the issue of undue command influence. "He said it would be
the only matter discussed," said Chessani's civilian attorney, Brian
Rooney. It's the strongest
indication yet that the ruling could either end or significantly alter the
prosecution of Chessani, one of three Marines to face charges stemming from
the Nov. 19, 2005, shootings in Haditha, Iraq, following a roadside bomb that
killed one Marine and injured two others. The ruling comes two weeks
after Marine Gen. James Mattis took the stand - a rare courtroom appearance
for such a high-ranking officer - to address Folsom's initial finding that
there was evidence of unlawful command influence in the case. Because of the judge's
finding, prosecutors had to show the general was not influenced and therefore
his decision did not affect the direction of the investigation into the
killings, the charges or the future of the case. Col. John Ewers, the
military lawyer who investigated the killings and took Chessani's statement,
later became a top legal adviser to Mattis and sat in on briefings that
helped Mattis make decisions about who would be charged. Mattis testified he never
talked with Ewers about Haditha, although Ewers was present during a number
of legal meetings where Haditha and Chessani were discussed. Military policy prohibits
Ewers from offering legal advice because he also was an investigator in the
case. Mattis referred charges
against Chessani when he was both commander of the Marine Corps Forces
Central Command and the commander of the 1st Marine Expeditionary Force at
Camp Pendleton. He has since been promoted and serves as commander of both
NATO's Supreme Allied Commander Transformation and commander of U.S. Joint
Forces. After the roadside bombing,
investigators say, Staff Sgt. Frank Wuterich and a squad member shot five men
by a car at the scene. Wuterich then allegedly ordered his men into several
houses, where they cleared rooms with grenades and gunfire, killing women and
children. Authorities originally
charged eight Marines - four with counts related to the killings and four in
connection with the investigation. Charges against all but three were dropped
and one of those charged, 1st Lt. Andrew Grayson, recently was acquitted of
charges he hindered the investigation. Copyright © 2008 The
Associated Press. External link: http://ap.google.com/article/ALeqM5hNUaTPsL6OBHarjCDUGxJ0EYsm9AD91BOU580 |