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December 11th, 2009 - Mixed Ruling for Marine in Civilian Slayings in Iraq

News article from North County Times

Summary of the Haditha Massacre

Mixed Ruling for Marine in Civilian Slayings in Iraq

Board: Officer’s performance ‘substandard,’ but Chessani should retain his rank

 

By Mark Walker

North County Times

December 11, 2009

 

The highest-ranked Marine accused of bungling the military's response to the slayings of two dozen Iraqi civilians after a lethal 2005 roadside bombing displayed substandard performance, but he should not be demoted, a three-member Board of Inquiry ruled Friday.

 

The military board said it will recommend to the secretary of the Navy that Lt. Col. Jeffrey Chessani, with 22 years of service and three tours of duty in Iraq, be allowed to retain his rank and not be demoted to major.

 

"It's been a long four years, but it hasn't been a miserable four years," Chessani told the North County Times after the decision was announced inside a Camp Pendleton courtroom. "A lot of good has come out of it, and I praise God and am thankful for all the people that have stood by us."

 

During the administrative hearing, which began Dec. 2, the board heard witnesses describe what happened in the city of Haditha, Iraq, on Nov. 19, 2005, and how Chessani responded to the civilian deaths.

 

The incident drew international condemnation and prompted a harsh critique of U.S. troop conduct in the Iraq war.

 

The Iraqis were slain by a Camp Pendleton squad as the troops hunted for the people responsible for the bombing that killed one Marine and injured two others. Chessani and his subordinates deemed the deaths regrettable, but the result of a legitimate combat action.

 

Prosecutors argued that Chessani was derelict by failing to accurately report the number of deaths and not ordering an investigation after learning several women and children were among the dead.

 

That failure resulted in a propaganda coup for the Iraqi insurgency, Lt. Col. Sean Sullivan argued in closing statements Friday morning.

 

"The reporting of this event was the largest strategic breakdown in the history of the Iraq war," Sullivan said. "There was a willful refusal on the part of this commander because the need for an investigation was brought to him on multiple occasions."

 

But defense attorney Robert Muise told the board, composed of a general and two colonels, that Chessani immediately reported what he knew up the chain of command, including a detailed briefing for a general.

 

Muise argued the 43-year-old Chessani was unfairly subjected to an inquiry board because prosecutors have not been able to convict any of the eight men charged with crimes at Haditha.

 

The board was ordered to convene after the Marine Corps dropped criminal dereliction of duty charges against Chessani when a military judge found unlawful command influence tainted the government's case.

 

"Here's your scapegoat," Muise said, pointing at Chessani, who sat silently at the defense table. "There's your fall guy. Don't make him vicariously liable for what the Marines did that day if in fact you believe the shooters did something wrong."

 

Rather than being a poor leader, Muise said Chessani was credited with helping tame the Anbar province city that was overrun with insurgents in 2004 and 2005.

 

"We want warriors and that's what he is," Muise said. "He's a guy who was beating the enemy - he kicked the enemy's ass. We were there to fight and win a war and that's what he was doing."

 

Chessani commanded Camp Pendleton's 3rd Battalion, 1st Marine Regiment when the Iraqis were killed. Five men who emerged from a car were shot to death; 19 others died inside homes from grenade and gunshot wounds.

 

The killings came to light in a Time magazine report. The Marine Corps subsequently instituted a requirement that all civilian deaths be formally investigated.

 

In announcing the panel's unanimous findings, Brig. Gen. Lewis Craparota said Chessani's response to the killings was substandard because he "failed to provide as detailed and accurate a report as possible."

 

But Craparota also said the panel found that Chessani, whom numerous witnesses testified was an outstanding commander with a strong moral compass, was not so deficient as to warrant a reduction in rank. If it had made that recommendation, the father of six children with a seventh on the way stood to lose more than $400,000 in retirement pay based upon his life expectancy.

 

Muise said the board's decision essentially mirrors what happened to Chessani when he was relieved of command in early 2006.

 

"Someone then found that his performance was substandard, even though we disagree with that," Muise said. "It's kind of amazing that here we are four years later having been through all this and the finding is the same."

 

Chessani testified Thursday that losing his command was the most devastating day of his military career.

 

Besides Chessani, who has filed for retirement, three other officers were charged with crimes for allegedly mishandling the Haditha incident. One was acquitted at trial and charges against the other two were eventually dropped.

 

Of four enlisted men originally charged with murder at Haditha, three had charges withdrawn. The sole remaining defendant is the squad leader, Staff Sgt. Frank Wuterich.

 

He has pleaded not guilty and remains on duty at the base pending resolution of his case.

 

External link: http://www.nctimes.com/news/local/military/article_d914b355-57ca-5c00-8c46-7fd6b8a47524.html

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