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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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June 19th,
2008 - Prosecutors Appeal Dismissal of Haditha Charges |
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Prosecutors Appeal
Dismissal of Haditha Charges By Chelsea J. Carter Associated Press June 19, 2008 San Diego - Prosecutors are
appealing the dismissal of charges against a Marine officer accused of
failing to investigate the killings of 24 Iraqis. Prosecutors seeking the
reinstatement of charges against Lt. Col. Jeffrey Chessani filed a notice of
intent to appeal with the military court on Wednesday, according to court
documents made public Thursday. A military judge dismissed
the charges against Chessani this week after finding that the four-star
general overseeing the case was improperly influenced by an investigator
probing the Nov. 19, 2005, shootings by a Marine squad in Haditha, Iraq. Prosecutors have 20 days to
file a written appeal, spelling out why they disagree with the ruling by the
judge, Col. Steven Folsom. Defense attorneys then have 20 days to respond,
said Chessani's military attorney, Lt. Col. Jon Shelburne. It is unclear from the
one-page court filing what the prosecutor, Lt. Col. Sean Sullivan, will use
as his grounds for appeal. A telephone call to the Marine Corps seeking
comment was not immediately returned. Folsom dismissed the charges
without prejudice, meaning prosecutors can refile. Folsom also barred Marine
Forces Central Command from future involvement in the case. Joint Forces
Command and the 1st Marine Expeditionary Force were also excluded from filing
future charges. It was not immediately clear
who would take over the case and who would have authority to refile charges. Authorities originally
charged eight Marines - four enlisted men with counts related to the killings
and four officers in connection with the investigation. Charges were dropped
against five men and a sixth, 1st Lt. Andrew Grayson of Springboro, Ohio, was
acquitted of charges he hindered the investigation. Only one man currently faces
prosecution - Staff Sgt. Frank Wuterich of Meriden, Conn., who is charged
with voluntary manslaughter. He has pleaded not guilty. The killings occurred after
a Marine was killed by a roadside bomb. Wuterich 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. The Marines were part of
Kilo Company of the Camp Pendleton-based 3rd Battalion, 1st Marine Regiment. Chessani, 44, of Rangely,
Colo., was the battalion commander at the time. He has always maintained he
did his job as required. Gen. James 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 U.S.
Joint Forces. Folsom dismissed the charges
against Chessani after Mattis took the stand to address a preliminary ruling
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. Copyright © 2008 The
Associated Press. External link: http://ap.google.com/article/ALeqM5hNUaTPsL6OBHarjCDUGxJ0EYsm9AD91DB1201 |