Documentation and background information about the revenge killing of 24 Iraqi civilians by U.S. troops on November 19th, 2005. http://www.expose-the-war-profiteers.org/DOD/iraq_II/haditha.htm en Tue, 23 Feb 2010 15:07:12 +0100 contact@expose-the-war-profiteers.org Sun, 13 Dec 2009 00:02:09 +0100 4 5 6 7 administrator@expose-the-war-profiteers.org FeedForAll v2.0 (2.0.1.5) http://www.feedforall.com By Mark Walker
North County Times
February 20, 2010

It was a signature event of the Iraq war: A squad of Camp Pendleton troops hit by a roadside bomb kills two dozen civilians, including several women and children, as they hunt for their attackers.

Initially dismissed as an unfortunate result of combat, the attack in the city of Haditha in late 2005 that left one Marine and two others injured was later branded a massacre after a congressman alleged the troops had "killed in cold blood."

It changed the way U.S. troops conducted themselves on the battlefield.

Eight Marines were charged with criminal wrongdoing. But years later and after a series of exonerations, only one defendant remains: Staff Sgt. Frank Wuterich.

Wuterich is due in a base courtroom next month where his attorneys will argue that the nine counts of voluntary manslaughter and related charges against him should be dismissed.

"We are alleging unlawful command influence," said Neal Puckett, Wuterich's lead attorney, a retired U.S. Marine lieutenant colonel who spent five years as a military judge.

The argument set for hearing on March 22 contends that a legal adviser overseeing the case tainted it because he also took part in the initial investigation and is a prosecution witness.

Those factors, and the adviser's participation in discussions about the cases with prosecutors and a general overseeing the case, already have been ruled unlawful by one military judge.

That ruling came in 2008 in the case against the battalion commander at Haditha, Lt. Col. Jeffrey Chessani, who was accused of failing to conduct a full-scale investigation into the killings. His conduct was deemed "substandard," but he was allowed to retire at his current rank.

Wuterich's attorneys are essentially saying that the same finding of unfairness that tainted the Chessani prosecution applies to their client.

Prosecutors say Wuterich deliberately ignored the rules of engagement and laws of war when he took part in the shooting deaths of four men who drove up in a car immediately after the bombing. He's also charged in the shootings of five civilians inside a home near the bomb site.

Wuterich, who was 25 and on his first combat deployment at Haditha, has pleaded not guilty to the charges - manslaughter, aggravated assault, reckless endangerment, obstruction of justice and dereliction of duty. If all those stand and he is convicted of each, Wuterich could face a sentence as stiff as 160 years in prison.

'Inaccurate theory'

The killings occurred at the height of the war, when Marines were dying daily in what was then considered the unwinnable Anbar province west of Baghdad.

The disclosure that a large number of unarmed civilians were slain inside their homes added an incendiary element into the bitter national debate over what the U.S. was doing in Iraq.

Wuterich and three other Marines originally were charged with premeditated murder, an accusation that suggested the squad from Camp Pendleton's 3rd Battalion, 1st Marine Regiment had wantonly killed the civilians in a vengeful rage.

Chessani and three of his officers were accused of dereliction and similar offenses for allegedly trying to sweep away the incident as mere battlefield carnage that occurred in a city that at the time was rife with insurgents.

In the years since prosecutors announced the charges in December 2006, dozens of court hearings and one trial have resulted in seven of the eight accused Marines being cleared through acquittal, dismissal or withdrawal of charges.

Puckett said those results underscore his belief that national politics colored people's perceptions of what happened at Haditha on the morning of Nov. 19, 2005.

The flames were fanned when Rep. John Murtha, D-Pa., who died earlier this month, announced on CNN that he had received a briefing that led him to believe the Marines were under severe stress and had "killed in cold blood."

Murtha's comments set off a firestorm of criticism of the Marines - and an opposing chorus that said they were being prejudged without a full airing of the evidence.

The comments by Murtha, a former Marine considered a friend to the military, shaped the way the Pentagon would treat the case, Puckett said.

"Murtha said his briefing came out of the office of the (Marine Corps) commandant, and that he had heard that these guys committed a war crime. And that became a constant whenever Haditha was mentioned," the attorney said.

Evidence and rulings in the earlier cases, however, present a mixed portrait. The men who drove up after the bombing were unarmed, and investigators have testified they believe the men had nothing to do with the bombing.

Most of the civilians killed inside three homes were unarmed, the evidence has shown.

Three men inside one bedroom, however, did have AK-47 assault rifles. That resulted in the withdrawal of murder charges against Lance Cpl. Justin Sharratt after a judge concluded the Iraqis represented a threat.

The Sharratt case and similar rulings show the prosecution has been misguided, Puckett said.

"The lesson of Haditha is that inaccurate theories of guilt led investigators down the wrong paths, to wrong conclusions and wrong theories of liability," he said. "It resulted in one bad decision after another."

Prosecutors are forbidden by Marine Corps policy from commenting on pending cases and they refuse to comment on cases that have been resolved.

Wuterich remains on duty at Camp Pendleton. If a judge sides with his attorneys, the Marine Corps can appeal, drop the case or move to initiate a new investigation.

The right tack

Two experts in military law say the Marine Corps had to fully investigate and ultimately file charges for what happened.

"The Marine Corps felt a crime had been committed, and it has not backed off from that belief," said Gary Solis, a former Marine Corps judge who teaches the law of war at Washington's Georgetown University. "It believed the evidence that was produced early in the case and has pursued the cases unwaveringly."

But even if Wuterich is convicted of some or all of the charges, Solis said he doubts that a military jury would put him behind bars.

"I would not expect any kind of heavy sentence," Solis said.

That would fit a pattern in cases involving other Camp Pendleton troops convicted of killing Iraqi civilians in cases other than Haditha.

Duke University's Scott Silliman said a renewed militarywide emphasis in deliberate and ethical battlefield conduct to minimize civilian killings is one of the hallmarks of Haditha. So, too, is a requirement that mandates all such deaths receive at least a cursory investigation.

"It had a clarifying effect, and today we see a much greater sensitivity to innocents and civilians being harmed or killed," said Silliman, who heads Duke's Center on Law, Ethics and National Security.

Silliman said the prosecutions have been proper.

"The incident itself had to be aired in a legal setting to have some kind of finality to what happened," he said. "To do nothing in the face of the accusations would be saying there are two different standards - one during wartime and one during peace - and that simply cannot be."

External link: http://www.nctimes.com/news/local/military/article_60253373-7741-5b9d-8a66-91e832851030.html]]> http://www.expose-the-war-profiteers.org/archive/media/2010/20100220-2.htm http://www.expose-the-war-profiteers.org/archive/media/2010/20100220-2.htm Tue, 23 Feb 2010 15:04:08 +0100 By Elliot Spagat
Associated Press
December 12, 2009

San Diego - A military panel found that a Marine officer displayed substandard performance in his response to the deaths of 24 Iraqis but said he should maintain his rank.

The Board of Inquiry's recommendation is a mixed result for Lt. Col. Jeffrey Chessani, 43, who was accused of failing to investigate the November 2005 killings in the town of Haditha. Navy Secretary Ray Mabus must decide whether to accept the finding or order Chessani retired at a lesser rank.

Last year, a military judge dismissed a criminal charge of dereliction of duty against Chessani because of improper conduct involving two other people, the general overseeing the case and an investigator. Chessani was relieved of his command in 2006.

The panel comprised of a general and two colonels reached its decision Friday after a hearing at Camp Pendleton that lasted nearly two weeks. It found Chessani failed to provide as detailed and accurate report as he could have but that the shortcomings did not merit a reduction in rank.

"The only thing we're disappointed in is that we still don't believe, after all the evidence is in, that Col. Chessani was substandard in his performance," Brian Rooney, his civilian attorney, said Saturday.

The killings occurred after a roadside bomb killed a Marine and wounded two others, leading to the biggest criminal case against U.S. troops to come out of the Iraq war.

Chessani resisted an investigation after an initial inspection found no evidence of insurgent activity and Haditha leaders met with Marines to complain of war crimes, prosecutors said at the hearing. A full investigation did not begin until January 2006 when a Time magazine reporter inquired.

Defense attorneys said Chessani properly reported the deaths to his superiors. They portrayed him as a respected commander with 22 years of experience who was recommended for the Bronze Star, praised as a top battalion commander and singled out for advanced training and promotion.

"Everyone in that chain of command was aware that civilians were killed in residential structures," Lt. Col. Jon Shelburne, his military attorney, said in his opening statement.

Investigators said Marines shot five men by a car at the scene. The squad leader, Staff Sgt. Frank D. Wuterich, allegedly ordered men into several houses, where they cleared rooms with grenades and gunfire, killing more Iraqis, including women and children.

Eight Marines were charged with murder or with failing to properly report or investigate the killings. Charges were dismissed against six and one was acquitted. The sole remaining defendant is Wuterich, whose court-martial is not yet scheduled.

Copyright © 2009 The Associated Press.

External link: http://www.google.com/hostednews/ap/article/ALeqM5ijlZuyAYL8ztNBbPZmQK-O7-UY1AD9CI00JG0]]> http://www.expose-the-war-profiteers.org/archive/media/2009-5/20091212-1.htm http://www.expose-the-war-profiteers.org/archive/media/2009-5/20091212-1.htm Sun, 13 Dec 2009 00:02:09 +0100 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]]> http://www.expose-the-war-profiteers.org/archive/media/2009-5/20091211.htm http://www.expose-the-war-profiteers.org/archive/media/2009-5/20091211.htm Sat, 12 Dec 2009 23:28:32 +0100 By Mark Walker
North County Times
December 10, 2009

The Marine officer who commanded the Camp Pendleton troops responsible for killing two dozen Iraqi civilians after a roadside bombing in 2005 denied Thursday trying to cover up the killings or failing to report what he knew to the chain of command in Iraq.

"I was told it was a bona fide combat action and no investigation was required," Lt. Col. Jeffrey Chessani said of the response he got from his superiors after he reported the incident.

Chessani also said his later removal as commander of Camp Pendleton's 3rd Battalion, 1st Marine Regiment "was the most professionally devastating day of my life."

Chessani made the comments, his most extensive since the killings, in response to questions from one of his attorneys during the final day of testimony before a three-member inquiry board at Camp Pendleton that will decide if he failed to accurately report and investigate the killings.

The board, which also heard a series of character witnesses laud Chessani's professionalism and integrity, has to decide whether his actions warrant a recommendation that he be ordered to retire at the lower rank of major.

Chessani's wife, Alisa, who is pregnant with the couple's seventh child, submitted a written statement pleading that her husband be allowed to keep his current rank and be allowed to "retire with some dignity."

The board will begin its deliberations after hearing final arguments Friday morning.

A battalion commander at Haditha, Iraq, Chessani said he informed a colonel of everything he knew within hours of the Nov. 19, 2005, incident.

"I recall telling him we were subject to an (improvised explosive device) and small-arms fire and had pursued the enemy and we regrettably had killed women and children," the 43-year-old Colorado native said in a calm, clear voice.

Standing at the defense table with his hands firmly clasped behind his back, Chessani said that he told a general who visited Haditha a couple of days after the incident that several women and children were among those killed as his Marines searched for their attackers.

When allegations surfaced three months later that the troops had gone on a rampage, Chessani said he became angry.

"It was outrageous - they were unbelievable on their face," he said, as his wife listened from a front-row seat in the courtroom gallery. "I had no concerns. I told (my men) to tell the truth."

Chessani was among eight Marines charged with criminal wrongdoing in the wake of the Haditha killings that sparked an international outcry when they first came to light.

He was accused of dereliction of duty, a charge that subsequently was dropped after a military judge ruled that unlawful command influence unfairly tainted the case against him.

The Marine Corps had the option of refiling that charge, but ultimately opted for the inquiry board.

Three days after the killings, Chessani said, he attended a meeting of the Haditha town council, which presented him with a letter contending that war crimes had been committed and asking for a formal investigation.

Chessani said he listened to the council members, but was suspicious because the mayor and several members were aligned with the insurgency, according to intelligence reports.

"I did not put a lot of stock in what they were saying," he said, adding that he reported the request from the council up the chain of command.

After agreeing to make payments to families of the deceased, the veteran of two Iraq deployments said that meeting ended on good terms and that the Iraqis never again mentioned the incident.

Criticized in one investigation for failing to visit the site of the killings, Chessani said there were several attacks that day and that he did go there the next morning.

"I went to gain an understanding of what happened, but nothing changed my understanding of the facts," he said.

He could not explain why he never entered any of the homes where the majority of the civilians were shot to death.

"I can't honestly say right now," he said.

Six of the other Marines accused of crimes at Haditha have been exonerated through trial, hearings or withdrawal of charges.

The only man still facing charges is the leader of the squad that carried out the killings, Staff Sgt. Frank Wuterich, who faces nine counts of manslaughter and is scheduled to go on trial next year.

External link: http://www.nctimes.com/news/local/military/article_c4fea1b0-351b-523a-8184-af279ce494d4.html]]> http://www.expose-the-war-profiteers.org/archive/media/2009-5/20091210-1.htm http://www.expose-the-war-profiteers.org/archive/media/2009-5/20091210-1.htm Sat, 12 Dec 2009 23:47:30 +0100 By Gillian Flaccus
Associated Press
December 2, 2009

Camp Pendleton, Calif. - A Marine Corps colonel overseeing a demotion hearing for an officer accused of failing to investigate the deaths of 24 Iraqi men, women and children considered Wednesday whether photos of the dead people should be allowed as evidence.

The administrative hearing for Lt. Col. Jeffrey Chessani of Rangeley, Colo., began at Camp Pendleton four years after the 2005 killings of the men, women and children in Haditha, Iraq.

A three-member military panel will determine if Chessani should be demoted in retirement, which his civilian attorney said could cost him and his wife a half-million dollars in lost pension, health and retirement benefits. The couple is expecting their seventh child.

Chessani had been charged with dereliction of duty for failing to investigate the killings, which occurred after one Marine was wounded and two others killed by a roadside bomb.

However, a judge at Camp Pendleton dismissed the charges because of improper contact between a general overseeing the case and an investigator. The Marines announced in April they would not pursue further criminal charges.

The hearing began with questions for the panel and legal arguments over whether the government could introduce evidence that includes photos of the dead, interviews with troops who witnessed or were involved in the incident, and videotaped statements.

Col. Kurt Brubaker, a military judge overseeing the panel, rejected a defense challenge to one of the panelists, Brig. Gen. Lewis A. Craparotta.

Craparotta said during questioning by the defense that in his division, the battalion commander had to investigate any report of civilian killings - a statement that would make him biased against Chessani, said Lt. Col. Jon Shelburne, Chessani's military attorney.

The panel will hear opening statements later in the day then retire to review a number of documents before taking witness testimony beginning Dec. 7.

If the board finds no wrongdoing, the case will be closed. If it finds misconduct, it can recommend that the secretary of the Navy order Chessani retired at a lesser rank.

Chessani's civilian attorney Brian Rooney said his client faces demotion to major, which would be a financial blow.

"There's a sense of fairness that all Marines have, and typically these (hearings) are seen as unfair," Rooney said. "If you can't get a guy criminally, it's seen as taking another bite of the apple."

Chessani's wife sat in the front row reading from a Bible during the hearing and was flanked by about a dozen supporters.

Murder counts have been dismissed or withdrawn against four enlisted troops, and charges also were dismissed or withdrawn for three other officers accused of mishandling the case.

Staff Sgt. Frank Wuterich is expected in military court early next year to face nine counts of manslaughter. He has pleaded not guilty.

Wuterich and a squad member allegedly 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.

Copyright © 2009 The Associated Press.

External link: http://www.google.com/hostednews/ap/article/ALeqM5ijlZuyAYL8ztNBbPZmQK-O7-UY1AD9CBFE403
__________________________________________________________________________________________________

Marine Panel Begins Work
Inquiry board deciding fate of man who commanded troops when 24 Iraqis were slain in 2005

By Mark Walker
North County Times
December 2, 2009

After 22 years in the Marine Corps, including three tours of duty in Iraq, the fate of Lt. Col. Jeffrey Chessani rests with three officers who must decide if he was derelict in his response to the slaying of two dozen Iraqi civilians four years ago.

Chessani was the battalion commander of Camp Pendleton's 3rd Battalion, 1st Marine Regiment in the city of Haditha when the 24 civilians, including several women and children, were slain after a roadside bombing on Nov. 19, 2005.

On Wednesday, the three experienced combat officers who comprise an inquiry board were told by a prosecutor that Chessani was negligent because he failed to order a full-scale investigation into the killings.

Lt. Col. Paul Atterbury told the inquiry board that Chessani misrepresented what occurred at Haditha. In the best interest of the Marine Corps, he said, Chessani should be ordered to retire at one level below his current rank.

"What the institution needs is a gathering like yourselves to evaluate the evidence and do what is right in this case," Atterbury said. "Separation is warranted at the retirement grade of major."

But Lt. Col. Jon Shelburne, one of Chessani's attorneys, said his client did nothing wrong, and reported the killings up the chain of command and was never advised that a full investigation was warranted.

Chessani and the brass above him believed the deaths were an unfortunate, but legitimate result of a squad's search for the people responsible for a bombing that killed one Marine and injured two others, Shelburne said.

"Lieutenant Colonel Chessani was not afraid to investigate," Shelburne told the board's brigadier general and two colonels. "From his perspective, there was no law of armed conflict violation. It was a legitimate combat action."

A finding otherwise would send a message to battalion commanders now in Iraq and Afghanistan that their battlefield decisions will be second-guessed, Shelburne said.

The inquiry board was ordered by the Marine Corps after it dropped criminal dereliction of duty charges against the Colorado native.

The board heard opening statements Wednesday and will spend the next several days reviewing officials' reports, photographs, taped interviews and other evidence.

On Monday, it will begin hearing testimony from defense and government witnesses. When all have testified, the board will adjourn to make its decision.

If it decides Chessani did nothing wrong, the case is over. If it decides he was derelict, it will recommend to the Secretary of the Navy that Chessani be forced out at a lower rank.

As he has throughout hundreds of hours of hearings over the last two years, Chessani sat stoically at the defense table inside a packed base courtroom.

During breaks, he chatted with his wife, who is pregnant with the couple's seventh child and a cadre of supporters who argue the Marine Corps is trying to make Chessani a scapegoat for what happened at Haditha, an incident that flamed anti-war sentiments and resulted in an order five months later that all civilian deaths in Iraq be formally investigated.

What was initially portrayed in media reports and by Rep. John Murtha, D-Penn., as a "massacre" has played out far differently in base courtrooms.

Of four enlisted troops originally accused of murder, only one remains charged in the case, Staff Sgt. Frank Wuterich, who faces nine counts of manslaughter and is slated to go on trial next year. The other three had charges dismissed or withdrawn.

Criminal charges against Chessani and two lower-ranking officers were withdrawn. A fourth was acquitted at trial.

When initially confronted with the suggestion that the men had wantonly slain civilians, Chessani became visibly angry, a witness has testified in earlier hearings.

"My men are not murderers," he said.

The panel determining how Chessani's record in the Marine Corps ends is led by Brig. Gen. Lewis Craparotta, a former Camp Pendleton commander. The other two officers are Col. Daniel O'Donohue and Col. Patrick Looney.

Whatever the panel decides won't change Chessani's plans. He has said he intends to retire.

External link: http://www.nctimes.com/news/local/military/article_651f0c9d-75b5-5375-bb88-d2c125727e7d.html]]> http://www.expose-the-war-profiteers.org/archive/media/2009-5/20091202.htm http://www.expose-the-war-profiteers.org/archive/media/2009-5/20091202.htm Thu, 3 Dec 2009 23:30:46 +0100 By Mark Walker
North County Times
November 29, 2009

An inquiry board will convene Wednesday morning at Camp Pendleton to decide if a Marine Corps officer should be demoted for his actions after the shooting deaths of 24 Iraqi men, women and children four years ago.

At issue is whether Lt. Col. Jeffrey Chessani, who commanded the Camp Pendleton unit that carried out the slayings, engaged in misconduct in handling the incident.

The inquiry board is the final step in Chessani's case; prosecutors earlier this year dropped two counts of criminal dereliction of duty.

If the board finds there was no misconduct, the case will be closed. If it decides there was misconduct, it can recommend that the Secretary of the Navy order Chessani retired at a lesser rank.

Chessani's attorneys have said the veteran of three Iraq deployments immediately reported the killings up the chain of command and was not directed to take any further action.

One of his attorneys, Robert Muise, said the father of six, with a seventh child on the way, expects to be cleared.

"He remains unflappable," Muise said of Chessani during a telephone interview last week. "He's been doing terrific since the burden of a criminal prosecution that was hanging over his head was lifted. He anticipates being cleared and moving on with his intention to retire."

‘Massacre’ never shown

Whatever happens, the result is far from a conviction prosecutors sought in December 2006 when they charged Chessani and seven others with criminal wrongdoing at Haditha.

What was initially portrayed as a "massacre" has played out in base courtrooms over the last three years as essentially an unfortunate result of war.

After spending millions of dollars investigating and prosecuting the Nov. 19, 2005, incident, prosecutors have failed to win a single conviction.

Of four enlisted troops originally accused of murder, only one remains charged in the case: Staff Sgt. Frank Wuterich. The other three had charges dismissed or withdrawn.

Of four officers charged with mishandling the incident, all had charges withdrawn or dismissed.

"The response from the Marine Corps after the shootings was that these guys were all guilty of something," Muise said. "I think that approach has hurt our military. There was a presumption of guilt from the very beginning that was a terrible injustice to the accused."

The Haditha shootings came at the height of the Iraq war and provided ammunition for those opposed to it. It also led to the U.S. military tightening the rules of engagement to require virtually positive identification of an enemy combatant before a shot can be fired.

Chessani commanded the 3rd Battalion, 1st Marine Regiment at Haditha when members of a Kilo Company squad assaulted a series of homes after a roadside bombing that killed one Marine.

Nineteen men, women and children were slain as the troops searched for the attacker. Five men who drove up in a car immediately after the bombing also were killed.

‘My men are not murderers’

Chessani's alleged dereliction of duty was failing to order a full-scale investigation.

After years of legal wrangling, however, the charge was dismissed after a military judge ruled that unlawful command influence tainted the case.

After losing two appeals of that ruling, the government could have simply dropped the case, but opted instead to convene the inquiry board.

The identities of the board members won't be publicly known until Wednesday. A Marine Corps spokesman said the names were withheld so that Chessani supporters would not attempt to contact them.

The inquiry will take place in three phases.

Wednesday is limited to opening statements by prosecutors and defense attorneys. The panel will then adjourn to consider a voluminous record from prior court hearings and investigations.

The panel is scheduled to reconvene Dec. 7 to consider witness testimony. More than three dozen people are on the government and defense witness list, including Chessani, who can take the stand or give a statement that isn't subject to cross-examination. That phase of the proceedings could last a week or more.

When initially confronted in Iraq four years ago with the suggestion that the men had wantonly slain civilians, Chessani became visibly angry, a witness has testified.

"My men are not murderers," he said.

The final step involves attorneys' closing arguments and the panel then adjourning to deliberate and render its decision.

Prosecutors are forbidden by military policy from commenting on pending legal actions.

Wuterich Case in 2010

Muise said that whatever the ultimate decision, he hopes the public learns one lesson from Haditha.

"We have to put to rest a myth that there was no insurgency operating in Haditha that day," he said. "We know that there was. And we have to understand that when we commit our military to a fight, one of the unfortunate consequences is civilian casualties."

Chessani has remained on duty at Camp Pendleton since his legal fight began.

Among those who staunchly defend him is Colby Vokey, a retired lieutenant colonel who oversaw the Marine Corps' West Coast defense attorneys and was on Wuterich's defense team until he retired earlier this year.

"I don't believe Lt. Col. Chessani has done a single thing wrong," he said. "He was a tremendous leader for that battalion who easily could have pointed a finger at all his junior Marines and thrown them under the bus to save himself. He never did that and he never covered anything up. He has continued to stand up for what he believes is right."

The Wuterich prosecution has been on hold for months after the government and CBS Television sparred over access to unaired portions of a "60 Minutes" interview he gave the network.

CBS gave up the fight a few weeks ago, agreeing to show the outtakes to prosecutors, who contend the tapes may include incriminating information.

No longer charged with murder but still facing nine counts of manslaughter, Wuterich's attorneys say they expect to be back in court early next year.

One of their first moves, the attorneys say, is to try and get the charges against him dismissed for the same unlawful command influence found in the Chessani case.

External link: http://www.nctimes.com/news/local/military/article_0f02f199-4c06-5f04-adf8-74edc14886bb.html]]> http://www.expose-the-war-profiteers.org/archive/media/2009-5/20091129.htm http://www.expose-the-war-profiteers.org/archive/media/2009-5/20091129.htm Mon, 30 Nov 2009 23:23:51 +0100 By Mark Walker
North County Times
September 2, 2009

A military appeals court has ruled against CBS in a battle over unaired portions of a "60 Minutes" interview with a key figure in the 2005 slaying of 24 Iraqis in the city of Haditha.

The U.S. Navy-Marine Corps Court of Appeals rejected the network's claim of reporter privilege in its battle with Marine Corps prosecutors who want access to the outtakes of Staff Sgt. Frank Wuterich's interview.

Wuterich is charged with nine counts of voluntary manslaughter and related offenses in the incident that was triggered by a roadside bombing that killed one Marine and injured two others. His case has been on hold while the network and prosecutors battle over the interview's outtakes.

In a ruling issued Aug. 31, the court turned aside a CBS argument that the First Amendment provides reporter privilege that would allow the network to refuse to share the outtakes, which prosecutors contend could contain material that would help them prove their case.

A military judge at Camp Pendleton had ruled three of eight interview segments were relevant and said the judge's ruling that quashed a subpoena for that material was inappropriate.

The network can appeal to the U.S. Court of Appeals for the Armed Forces, which last year directed the military judge to review the outtakes in chambers before deciding if they were relevant. After doing so, the judge, now retired Lt. Col. Jeffrey Meeks, quashed the subpoena, prompting prosecutors to appeal.

Calls to CBS attorneys to see if they plan to fight the ruling were not immediately returned.

Wuterich's case is not expected to be back in court at Camp Pendleton until sometime late this year or early next year. A CBS appeal of this latest ruling could delay it even further.

Wuterich headed a 3rd Battalion, 1st Marine Regiment squad from Camp Pendleton that was attacked and stormed a series of homes adjacent to the bombing in a hunt for their attackers. Four men who emerged from a car immediately after the bombing and 19 others, including several women and children, were among those slain inside the homes the Marines assaulted.

Wuterich is the only man still facing criminal charges. Cases brought against three other enlisted men were dropped. Three officers accused of offenses related to failing to investigate the killings had charges dismissed and a fourth was exonerated at trial.

External link: http://www.nctimes.com/news/local/military/article_a6804420-f820-559f-b872-c4257412f24c.html]]> http://www.expose-the-war-profiteers.org/archive/media/2009-4/20090902-1.htm http://www.expose-the-war-profiteers.org/archive/media/2009-4/20090902-1.htm Thu, 3 Sep 2009 02:15:36 +0200 By Tony Perry
Los Angeles Times
August 28, 2009

The Marine Corps has decided not to seek to reinstate criminal charges against a former battalion commander at Camp Pendleton for a 2005 incident in which his troops killed 24 civilians in Haditha, Iraq.

Chessani Instead, the Marine Corps will convene a Board of Inquiry to hear testimony and recommend whether Lt. Col. Jeffrey Chessani should be demoted to major for purposes of retirement.

Even if such a recommendation is made and then accepted by the Secretary of the Navy, Chessani's retirement pay would still be based on being a lieutenant colonel.

The Marine Corps had sought to try Chessani for dereliction of duty for not ordering a war-crimes investigation when his Marines killed the 24, including three women and seven children. Chessani, who was not present when the killings occurred, reported to his superiors that the deaths, while tragic, were the result of fighting between Marines and insurgents.

A court-martial judge threw out the charges after ruling that it was improper for a Marine lawyer who investigated the Haditha shootings to sit in on meetings with the general who decided to bring the charges.

The Navy-Marine Corps Court of Appeals agreed with the judge's ruling and rejected prosecutors' requests to reinstate the charges. The court, however, said the Marine Corps could begin a new criminal investigation into Chessani's conduct and then bring new charges.

But Lt. Gen. George Flynn, assigned by the commandant, Gen. James Conway, to decide what course the Marine Corps should take, decided against a new investigation and a resumption of a criminal case.

He has ordered a Board of Inquiry to recommend whether Chessani "committed substandard performance of duty, misconduct and professional dereliction of duty" and deserves to be demoted for retirement.

Chessani, 43, a 22-year veteran, has already applied for retirement. He was commander of the 3rd Battalion, 1st Marine Regiment in November 2005 when his troops swept through a neighborhood looking for insurgents who had just detonated a roadside bomb that killed a Marine and injured two others.

Eight Marines were initially charged in the case.

With Flynn's decision, only the squad leader, Staff Sgt. Frank Wuterich, faces possible court-martial. Wuterich's attorneys are seeking dismissal of the charges on the same grounds of "undue command influence" that led to charges against Chessani being thrown out.

Six Marines, including Chessani, have had charges dismissed. One was acquitted.

Chessani, who was on his third combat tour in Iraq, was a highly praised officer, possibly on a fast track to becoming a general, when the Haditha incident occurred. Instead he became the highest ranking Marine accused of a crime in Iraq or Afghanistan.

The Marine Corps' decision was announced today at Quantico, Va., where Flynn is commanding general, Marine Corps Combat Development Command. The Board of Inquiry is set for Camp Pendleton.

External link: http://latimesblogs.latimes.com/lanow/2009/08/my-entry-5.html
____________________________________________________________

No criminal charges in Haditha deaths for Marine officer
Case against Lt. Col. Jeffrey Chessani will go before Board of Inquiry

By Teri Figueroa & Mark Walker
North County Times
August 28, 2009

The Marine Corps has dropped its pursuit of criminal charges against Lt. Col. Jeffrey Chessani, the highest-ranking officer accused of misconduct after 24 Iraqi civilians were slain in the city of Haditha in 2005.

Instead, Lt. Gen. George J. Flynn has decided to handle the matter administratively by appointing a three-member Board of Inquiry that will meet at Camp Pendleton this fall.

The board of Marine Corps officers will determine if Chessani should be reduced in rank if it finds he engaged in substandard performance of duty, misconduct and professional dereliction of duty.

Its finding will serve as a recommendation to the Secretary of the Navy, who will make the final decision.

At stake is Chessani's rank after he retires from the Marine Corps, a retirement that has been on hold pending a decision in the Haditha matter. Chessani's retirement pay will not be affected by any decision to reduce his rank, Marine Corps spokesman Lt. Col. Roger Galbraith said Friday.

Chessani attorney Brian Rooney said his client, who remains on duty at Camp Pendleton as a base security officer, is happy the two charges of dereliction have been dropped.

"Colonel Chessani is relieved that the case is out of the criminal realm where it never belonged because he never did anything wrong," Rooney said. "In order to reduce him in rank, the board has to find there was misconduct and we don't believe it will."

Rooney said Chessani's other attorneys plan to call several witnesses they believe will show he reported the Haditha killings up the chain of command and was never directed by his superiors to order a full-scale probe into the events of that day.

"We expect to present a very robust case to the board," Rooney said.

Former Marine Corps judge and attorney Gary Solis said convening a Board of Inquiry to decide Chessani's fate is a rare step.

"This is beyond unusual," said Solis, who teaches military law at Washington's Georgetown University. "I have never heard of a senior officer being subjected to a Board of Inquiry. My guess is that at worst he will be found to have exercised substandard judgment and be admonished."

Chessani commanded Camp Pendleton's 3rd Marine Battalion, 1st Marine Regiment, at Haditha when the civilians were slain after a roadside bombing that killed one Marine and injured two others on the morning of Nov. 19, 2005.

Several women and children were among the slain when troops led by Staff Sgt. Frank Wuterich stormed several homes where they believed the people responsible for the bombing were hiding.

Military investigators later said none of the slain could be tied to the insurgency, prompting an international outcry that led to criminal charges against eight Marines - four triggermen and four officers accused of failing to investigate.

Last year, a military judge ordered the charges against Chessani dismissed, citing the appearance of unlawful command influence. A military appeals court later upheld the dismissal.

Solis said recommendations reached by a Board of Inquiry are generally followed by the Navy Secretary, a civilian appointee.

"I would be very surprised if Colonel Chessani is reduced in rank," Solis said. "This is a man who for 18 years has given great and good service to the Marine Corps and risked his life. I don't think his reward for all that will be anything too severe and he may even escape an admonishment."

As for the remainder of the men charged with criminal wrongdoing in Haditha, most of the cases were dropped before trial. The only defendant to see his case go to trial was found not guilty of lying to investigators and trying to destroy evidence.

With Friday's announcement regarding Chessani, the only remaining defendant is Wuterich, who led his squad on a deadly chase through several homes near the bomb site.

Wuterich's trial on multiple counts of voluntary manslaughter and related charges remains on hold while a military appeals court considers whether CBS News should be forced to turn over outtakes of a "60 Minutes" interview with Wuterich.

External link: http://www.nctimes.com/news/local/military/article_90435583-90f9-5d7d-93e4-06c8f11dcb99.html]]> http://www.expose-the-war-profiteers.org/archive/media/2009-3/20090828-1.htm http://www.expose-the-war-profiteers.org/archive/media/2009-3/20090828-1.htm Fri, 28 Aug 2009 23:18:26 +0200 North County Times
April 29, 2009

A military appeals court won't reconsider its decision upholding the dismissal of charges against Camp Pendleton's Lt. Col. Jeffrey Chessani, who is accused of dereliction of duty for not ordering a full-scale investigation into the slaying of two dozen Iraqi civilians in 2005.

The U.S. Navy-Marine Corps Court of Criminal Appeals in Washington rejected a request from the Marine Corps to reconsider its March decision upholding a military judge's ruling that unlawful command influence irreparably tainted the government's case against Chessani, who commanded a Camp Pendleton unit involved in the slayings.

"I think it speaks volumes how they just stamped the request 'Denied' without any comment at all," said Chessani's attorney, Brian Rooney.

Lt. Col. David Griesmer, a Marine Corps spokesman, said the decision is being reviewed by Lt. Gen. Samuel Helland, who will decide whether to file a further appeal.

The service has 60 days to file an appeal with the Court of Appeals for the Armed Forces. If it does and loses there, it can request a review by the U.S. Supreme Court.

Rooney said he anticipates another appeal because the ruling may affect the prosecution of Staff Sgt. Frank Wuterich, who is charged with nine counts of involuntary manslaughter in the killings that occurred in the city of Haditha.

Chessani's charges were ordered dismissed last year by Col. Steven Folsom. That ruling found that a legal adviser to then-Lt. Gen. James Mattis, who was overseeing all the Haditha prosecutions, should not have had any role in the case.

The legal adviser, Col. John Ewers, had investigated each of the accused Marines and was listed as a prosecution witness before being tapped by Mattis to join his staff as a senior legal adviser.

Ewers' presence at meetings between Mattis and prosecutors created an unacceptable perception of unlawful command influence, Folsom concluded.

Chessani was head of Camp Pendleton's 3rd Battalion, 1st Marine Regiment in Haditha when the civilians were slain after a roadside bombing that killed one Marine and injured two others on Nov. 19, 2005.

Chessani, three other officers and three enlisted men were charged in December 2006 with crimes at Haditha, the largest war-related prosecution of Marines since the invasion of Iraq. The charges came after investigators could not tie any of the slain Iraqis to the insurgency or the bombing that preceded the killings.

Despite initial accusations that included murder against the enlisted men, the Marine Corps has failed to win a conviction. Including Chessani, seven of the eight men charged have been exonerated through a later dismissal, withdrawal and in one not-guilty finding at trial.

Wuterich remains at the center of the incident. It was after a roadside bombing killed one of his men that Wuterich led an assault of several homes that resulted in the deaths of Iraqi men, women and children, most of whom were inside one of three homes his troops stormed.

Wuterich's attorneys have said they will ask for a dismissal of the nine counts of manslaughter and related charges against their client, based on the unlawful command influence found in Chessani's case.

External link: http://www.nctimes.com/articles/2009/04/29/military/z9e92c62b4118f133882575a700568c66.txt]]> http://www.expose-the-war-profiteers.org/archive/media/2009-1/20090429-2.htm http://www.expose-the-war-profiteers.org/archive/media/2009-1/20090429-2.htm Thu, 30 Apr 2009 23:39:46 +0200
U.S. District for the Western District of Pennsylvania
Case No.: 3:08 cv 00229 KRG
Filed: September 25th, 2008

April 21st, 2009 - Defendant’s and United States’ Motion to Dismiss

"[...] Under Fed. R. Civ. P. 12(b)(1) and 12(b)(6), Congressman John Murtha and the United States move to dismiss all counts of Plaintiff’s complaint. Counts I-III, which seek damages for alleged constitutional violations under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, [...], should be dismissed because Congressman Murtha is entitled to qualified immunity, special factors preclude Plaintiff’s constitutional claims, and Plaintiff filed those claims beyond the statute of limitations. Counts I-III therefore fail to state a claim upon which relief can be granted and should be dismissed with prejudice under Fed. R. Civ. P. 12(b)(6).

"Counts IV-VI, which seek damages for alleged slander per se, invasion of privacy, and intentional infliction of emotional distress, should be dismissed because Plaintiff has not fulfilled the administrative prerequisites of the Federal Tort Claims Act, and because the United States has not waived sovereign immunity for Plaintiff’s claims. The Court therefore lacks subjectmatter jurisdiction over Counts IV-VI, which should be dismissed without prejudice under Fed. R. Civ. P. 12(b)(1). [...]"

April 15th, 2009 - Amended Complaint

"[...] 11. Murtha’s statements that Sharratt and his Haditha comrades were ‘cold-blooded murderers’ and ‘massacred’ innocent civilians have been republished, re-broadcast and reproduced by countless third parties throughout the world, including throughout the Western District of Pennsylvania, where Sharratt resides.

"12. Murtha’s defamatory statements were false.

"13. Furthermore, at the time Murtha made these statements, no one from the Pentagon had told Murtha - as Murtha claimed - that Sharratt and his Haditha comrades murdered or massacred innocent civilians in ‘cold-blood’; this was yet another false statement by Murtha.

"14. Sharratt was charged with three counts of unpremeditated murder under the Uniform Code of Military Justice.

"15. After an Article 32 Hearing, Sharratt was exonerated; all charges were dropped because no evidence existed to support the charges.

"16. As set forth below, Murtha’s statements were false, defamatory in nature, and violated Sharratt’s rights guaranteed him by the United States Constitution. The statements also constituted slander per se, and the tort of invasion of privacy. [...]"]]> http://www.expose-the-war-profiteers.org/DOD/iraq_II/haditha.htm#SharrattVsMurtha http://www.expose-the-war-profiteers.org/DOD/iraq_II/haditha.htm#SharrattVsMurtha Sat, 25 Apr 2009 19:42:05 +0200 April 23, 2009

Johnstown, Pa. - A Justice Department attorney says U.S. Rep. John Murtha, D-Pa., should be immune from a defamation lawsuit filed by a former Marine from western Pennsylvania.

Murtha's attorney says the lawsuit filed in September by Justin Sharratt, of Canonsburg, should be dismissed for the same reasons that a federal appeals court struck down a similar suit by another Marine last week. The appeals court ruled that Murtha couldn't be sued because he was acting within the scope of his employment when he accused Marines of killing innocent civilians "in cold blood" in Haditha, Iraq, in 2005.

Sharratt has been cleared of wrongdoing. He says Murtha's comments on TV news shows go beyond his duties as a congressman.

Copyright © 2009 The Associated Press.

External link: http://www.google.com/hostednews/ap/article/ALeqM5giqbOmHnpnLEC3Kq9jXDdu2rcyvQD97O63SO1]]> http://www.expose-the-war-profiteers.org/archive/media/2009-1/20090423.htm http://www.expose-the-war-profiteers.org/archive/media/2009-1/20090423.htm Thu, 23 Apr 2009 16:32:20 +0200 Los Angeles Times
April 17, 2009

Marine Corps lawyers have asked a court to reinstate war crimes charges against an officer at Camp Pendleton in connection with the 2005 deaths of 24 civilians in Haditha, Iraq..

The lawyers asked Thursday that the case of Lt. Col. Jeffrey Chessani be considered by the full nine members of the U.S. Navy-Marine Corps Court of Criminal Appeals.

On March 17, a three-member panel on the court upheld a court-martial judge's decision to toss out charges against Chessani on grounds that an appearance of "unlawful command influence" had tainted the case.

The panel agreed with the judge that it was improper for a Marine lawyer who had investigated the Haditha case to sit in on meetings where the case was discussed with the general who later levied charges against Chessani and seven other Marines.

In its appeal, the Marine Corps argues there is no evidence the lawyer influenced the general's decision or even that he spoke at the meetings.

Chessani was accused of failing to order a war crimes investigation after the killings. Of eight Marines initially charged, one has been acquitted and six, including Chessani, have had charges dropped. Only Staff Sgt. Frank Wuterich, the squad leader, still faces charges.

Chessani was a battalion commander when the killings in Haditha occurred. He was on his third combat tour in Iraq.

"The way our government has treated this true American hero is outrageous," said Richard Thompson, president and chief counsel of the Thomas More Law Center, which has represented Chessani.

Thompson said the government is giving Chessani "less legal consideration than it is giving the terrorists held at Guantanamo."

External link: http://tinyurl.com/crkwuk]]> http://www.expose-the-war-profiteers.org/archive/media/2009-1/20090417-2.htm http://www.expose-the-war-profiteers.org/archive/media/2009-1/20090417-2.htm Fri, 17 Apr 2009 21:44:52 +0200 Associated Press    
April 15, 2009

Pittsburgh - A former Marine has revised his defamation suit against U.S. Rep. John Murtha, a day after an appeals court dismissed a similar lawsuit against the powerful Pennsylvania Democrat.

Noah Geary, the attorney for former lance corporal Justin Sharratt, says he amended his complaint Wednesday in response to a federal appeals court ruling Tuesday dismissing a similar suit filed by Staff Sgt. Frank Wuterich of Meriden, Conn.

The appeals court dismissed Wuterich's lawsuit saying Murtha was immune from being sued because he was acting within the scope of his employment as a Congressman when he accused Sharratt, Wuterich and other Marines of killing civilians in cold blood in Haditha, Iraq, in 2005.

Sharratt has been cleared by a military court but Wuterich still faces a military trial on manslaughter and other charges, though he denies wrongdoing.

© 2009 Associated Press. All Rights Reserved.

External link: http://www.lehighvalleylive.com/newsflash/index.ssf?/base/national-4/1239819538174590.xml&storylist=penn]]> http://www.expose-the-war-profiteers.org/archive/media/2009-1/20090415.htm http://www.expose-the-war-profiteers.org/archive/media/2009-1/20090415.htm Wed, 15 Apr 2009 23:39:19 +0200
United States Court of Appeals for the District of Columbia Circuit
Case No.: 07-5379
Filed: November 23rd, 2007

April 14th, 2009 - Per Curiam Judgment & Opinion

"[...] For the foregoing reasons, we hereby vacate the District Court’s order denying certification pending discovery and remand the case with instructions to the District Court to substitute the United States as the defendant in place of Congressman Murtha. Because the FTCA excepts tort claims ‘arising out of ... libel [or] slander,’ [...], from the Government’s sovereign immunity waiver, Wuterich’s case is barred by sovereign immunity. Accordingly, the District Court will be required to dismiss the case for lack of subject matter jurisdiction. [...]"
]]> http://www.expose-the-war-profiteers.org/DOD/iraq_II/haditha.htm#WuterichVsMurtha http://www.expose-the-war-profiteers.org/DOD/iraq_II/haditha.htm#WuterichVsMurtha Wed, 15 Apr 2009 02:41:02 +0200 Associated Press
April 14, 2009

Washington - A federal appeals court ruled Tuesday that Rep. John Murtha cannot be sued for accusing U.S. Marines of murdering Iraqi civilians "in cold blood," remarks that sparked outrage among conservative commentators.

The appeals court in Washington dismissed a defamation lawsuit brought by a Marine who led the squad in the attack. The judges agreed with Murtha that he was immune from the lawsuit because he was acting in his official role as a lawmaker when he made the comments to reporters.

Staff Sgt. Frank Wuterich of Meriden, Conn., claimed Murtha damaged his reputation by saying the squad he was leading engaged in "cold-blooded murder and war crimes" in Haditha, Iraq, on Nov. 19, 2005.

At a Capitol Hill news conference in May 2006, Murtha predicted that a Pentagon war crimes investigation would show the Marines killed dozens of innocent Iraqi civilians in Haditha.

Military prosecutors have said two dozen Iraqis, including women and children, were killed in Haditha after one Marine died and two others were wounded by a roadside bomb. Wuterich is charged with voluntary manslaughter and other allegations, the only person still facing charges in the attack.

He has pleaded not guilty. He is accused of ordering his men to clear several houses with grenades and gunfire, leading to the civilian deaths.

Republicans and conservatives accused Murtha, a decorated Vietnam veteran and retired Marine Reserves colonel, of convicting the Marines before the investigation was concluded and fueling enemy attacks in retaliation. GOP challengers tried to use the comments against Murtha in the 2006 and 2008 campaigns, but his constituents overwhelmingly re-elected the congressman who has represented them since 1974.

Murtha, who is opposed to the Iraq war, has said he made the comments to draw attention to the pressure put on troops in Iraq and efforts to cover up the incident. He did not mention Wuterich or any other Marines by name.

A three-judge panel on U.S. Court of Appeals for the District of Columbia Circuit found that Murtha could not be sued under the 1988 Westfall Act, which gives federal employees immunity from lawsuits arising out of acts they undertake in the course of their official duties.

U.S. District Judge Rosemary M. Collyer had refused to dismiss the suit last September and ordered Murtha to give a sworn deposition about his comments. The appeals court overturned that order and said the case must be dismissed.

Wuterich's attorney Mark S. Zaid said that despite the appeals court ruling, Murtha should apologize for his statements.

"It is disappointing that the court has placed members of Congress on a special pedestal and granted them carte blanche immunity to defame anyone they choose as part of their official responsibilities without even allowing a victim to expose the actual facts that are known only to the perpetrator," Zaid said.

Murtha's spokesman declined to comment.

Another Marine involved in the Haditha fighting, Justin Sharratt, has filed a slander lawsuit against Murtha in Johnstown, Pa. Although the judge in that case may consider Tuesday's decision and give it weight, it is not binding on that court since it's in a different appeals court circuit.

A former lance corporal, Sharratt sued Murtha in September claiming the lawmaker's remarks not only defamed him, but denied him due process and the right to a fair trial on the charges in military court. Sharratt was initially charged with three counts of premeditated murder, but was exonerated after a full investigation and the military equivalent of a preliminary hearing. Sharratt said it was proven he killed insurgents, not civilians.

Sharratt's attorney, Noah Geary, argued that a jury in Pennsylvania should decide whether Murtha was acting within the scope of his official duties when he called the Marines murderers on cable TV news shows.

"When he's on the House floor he can say anything he wants," Geary said. "But when he goes on Wolf Blitzer and Hannity and Colmes, and all these other outlets, he's outside the scope of his employment when he's making these comments," Geary said.

Associated Press writer Joe Mandak in Pittsburgh contributed to this report.

Copyright © 2009 The Associated Press. All rights reserved.

External link: http://www.google.com/hostednews/ap/article/ALeqM5j-LnJlto4CJin4_NnKFQIIGSm2hQD97IFMC00]]> http://www.expose-the-war-profiteers.org/archive/media/2009-1/20090414.htm http://www.expose-the-war-profiteers.org/archive/media/2009-1/20090414.htm Wed, 15 Apr 2009 01:59:19 +0200 Los Angeles Times
March 17, 2009

A military appeals court today upheld the dismissal of war-crimes charges against Marine Lt. Col. Jeffrey Chessani, the highest-ranking Marine charged in the 2005 killings of 24 civilians in Haditha, Iraq.

The court agreed with a military judge at Camp Pendleton, who ruled in June that there was the appearance of "undue command influence" in the case because a Marine lawyer who acts as a prosecutor sat in on meetings in which the Haditha case was discussed with the general who made the decision to charge Chessani and seven other Marines.

The Marine Corps can appeal today’s decision to a higher level of military appeals court or to the U.S. Supreme Court.

The Chessani ruling could lead to a similar dismissal of charges against Staff Sgt. Frank Wuterich, the squad leader on the day that Marines swept through houses looking for insurgents after a roadside bomb killed one Marine and injured two.

Wuterich’s lawyer has a similar dismissal motion pending. Chessani, a 22-year veteran of the Marine Corps, was the battalion commander. He was charged with not launching a war-crimes investigation after learning  his troops had killed the 24 Iraqis, including three women and seven children.

The military began an investigation only after a magazine account differed from the official version of events that the Iraqis were killed by a roadside bomb or in crossfire between Marines and insurgents. Of eight Marines charged in the case, five have had the charges dismissed. One was found innocent; only the cases of Chessani and Wuterich remain.

The U.S. Navy-Marine Corps Court of Criminal Appeals, sitting in Washington, D.C., said that although there is no evidence that Gen. James Mattis was influenced by the presence of Col. John Ewers, a lawyer, the judge was correct in dismissing the case to eradicate even the suggestion of undue influence.

The court said that "an objective disinterested observer, fully informed of all the facts and circumstances, would harbor significant doubt about the fairness of the proceeding."

Richard Thompson, president and chief counsel of the Michigan-based Thomas More Law Center, which has represented Chessani, hailed the decision. Thompson said Chessani was "made a political scapegoat by the civilians in the Pentagon to appease the antiwar politicians and a liberal media."

Chessani was commander of the Camp Pendleton-based 3rd Battalion, 1st Marine Regiment. He was on his third combat tour in Iraq.

External link: http://latimesblogs.latimes.com/lanow/2009/03/war-crimes-tria.html
____________________________________________________________________

Court upholds dismissal of Haditha prosecution

By Mark Walker
North County Times
March 17, 2009

In a key ruling, a military appeals court has upheld the dismissal of dereliction of duty charges filed by the Marine Corps against the highest-ranking officer accused of wrongdoing in connection with the 2005 shooting deaths of two dozen civilians in Haditha, Iraq.

The unanimous decision by the United States Navy-Marine Corps Court of Criminal Appeals in Washington upholds a finding that unlawful command influence improperly tainted the government's case against Lt. Col. Jeffrey Chessani.

On its face, the ruling would seem to apply to all eight of the Camp Pendleton Marines charged with wrongdoing at Haditha, even though six of those men had already been exonerated.

Last June, the military judge presiding over Chessani's prosecution at Camp Pendleton, Col. Steven Folsom, dismissed two counts of dereliction of duty against Chessani for his alleged failure to order a full-scale investigation into the Haditha killings that occurred Nov. 19, 2005.

Folsom ruled a senior legal adviser to then-Lt. Gen. James Mattis, who was overseeing the Haditha prosecutions, should not have had any role in shaping the case.

The adviser, Col. John Ewers, had been one of the military's initial investigators into the killings and was a potential prosecution witness. Folsom ruled Ewers' mere presence at meetings between Mattis and prosecutors created an unacceptable perception of unlawful command influence in the general's decisions.

"Praise God and amen," was the 43-year-old Chessani's reaction Tuesday when informed of the ruling by one his attorneys, Brian Rooney at the Thomas More Law Center in Ann Arbor, Mich.

"He was very happy and appreciative," said Rooney, whose firm provides free representation to Christians.

Lt. Col. Dave Griesmer, a Marine Corps spokesman, said the ruling that can be appealed to the Court of Appeals for the Armed Forces in Washington was being reviewed "to determine our responsibilities as the ... disposition authority."

The three Marine officers who comprise the Navy-Marine Corps Court of Appeals ruled prosecutors failed to show Ewers' participation in the case did not taint it and therefore the dismissal of charges by Folsom was proper.

"It is the duty of the military judge to act as the last sentinel and protect the court-martial from the pernicious effects of unlawful command influence," the appeals court concluded.

Rooney said he hopes that the Marine Corps decides against any appeal or move to reopen the case.

"We have always said that we have had the luxury of defending a truly innocent man and remain confident the facts are on our side," Rooney said. "I wouldn't be surprised if they do appeal, but I do believe it would be a waste of military resources and taxpayer dollars. The Marine Corps needs to move on and Lt. Col. Chessani needs to move on."

Besides appealing the ruling, the Marine Corps has the option of asking that an entirely new investigation be opened into Chessani's role in the Haditha incident. If it takes that course, it would have to find a convening authority outside of Camp Pendleton who would then decide whether reopening the case is justified.

Four Camp Pendleton officers and four enlisted men were charged with crimes at Haditha. All but Chessani and Staff Sgt. Frank Wuterich, who led his squad in the assault that led to the civilian deaths following a roadside bombing, have since been exonerated.

Wuterich's attorneys have said they plan to seek a dismissal of the nine counts of manslaughter and related charges against their client on the same unlawful command influence found in the Chessani prosecution.

External link: http://www.nctimes.com/articles/2009/03/17/military/zb5033eaa64d0f5308825757c006d9c3e.txt]]> http://www.expose-the-war-profiteers.org/archive/media/2009-1/20090317-1.htm http://www.expose-the-war-profiteers.org/archive/media/2009-1/20090317-1.htm Tue, 17 Mar 2009 23:08:39 +0100 March 13, 2009

Camp Pendleton - CBS News is applauding a military judge's refusal to subpoena unaired footage of a "60 Minutes" interview with a key defendant in a Marine squad's assault that killed 24 Iraqis in 2005.

The network says the material that prosecutors sought was not critical to the government's case against 28-year-old Staff Sgt. Frank Wuterich. It calls Lt. Col. Jeffrey Meeks' decision a "significant victory" that confirms the principles of a free press.

Meeks ruled Thursday at Camp Pendleton that forcing CBS to hand over the footage would place the network in the role of being a government tool.

Wuterich, of Meriden, Conn., is charged with nine counts of voluntary manslaughter and other allegations. They stem from his role leading a squad of Marines in an assault after a bombing in the Iraqi city of Haditha killed one of his men.

External link: http://www.pe.com/ap_news/California/CA_Marines_Haditha_391472C.shtml]]> http://www.expose-the-war-profiteers.org/archive/media/2009-1/20090313-1.htm http://www.expose-the-war-profiteers.org/archive/media/2009-1/20090313-1.htm Fri, 13 Mar 2009 23:56:34 +0100 San Diego Union-Tribune
March 12, 2009

Camp Pendleton - A military judge barred prosecutors Thursday from using outtakes of the TV program "60 Minutes" as evidence against a Camp Pendleton Marine charged with manslaughter in Haditha, Iraq.

Lt. Col. Jeffrey Meeks quashed a subpoena filed by Marine prosecutors to require CBS to turn over hours of unaired footage from an interview with Staff Sgt. Frank Wuterich.

Meeks issued his ruling after watching the segments being sought. He said the footage had some constitutional protection under the First Amendment right to freedom of the press.

"There is a qualified news-gatherers privilege, and it is applicable here based on concerns about a chilling effect on the press," Meeks said. "The press has an interest in being able to prepare and preserve stories without being an investigative arm of the government."

Wuterich is accused of voluntary manslaughter for killing nine civilians on Nov. 19, 2005. He also is charged with assault and dereliction of duty. Altogether, Marines under Wuterich's command killed 24 civilians after a roadside bomb hit their convoy, causing the death of one Marine and wounding two others.

Marine prosecutors have said they believe the "60 Minutes" footage contains admissions by Wuterich.

External link: http://www3.signonsandiego.com/stories/2009/mar/12/bn12wuterich204444-outtakes/?zIndex=66194
________________________________________________________________________________________________

Judge denies Marines access to CBS tapes
Finding supports rights of press over prosecutor's desire for all of ‘60 Minutes’ Wuterich interview

By Mark Walker
North County Times
March 12, 2009

Camp Pendleton - CBS prevailed Thursday in a battle with Marine prosecutors who wanted all the network's unaired tapes from an interview with the key figure in the killing of 24 Iraqi civilians in 2005.

A military judge granted the network's request to deny a subpoena seeking all the outtakes from a "60 Minutes" interview with Staff Sgt. Frank Wuterich first broadcast in 2007.

The judge, Lt. Col. Jeffrey Meeks, ruled that forcing the network to hand over that material would place the network in the role of being a tool of the government.

"There is a qualified newsgatherers privilege and it is applicable here based on concerns about a chilling effect on the press," Meeks declared. "The press has an interest in being able to prepare and preserve stories without being an investigative arm of the government."

Prosecutors told Meeks they were not ready to say if they will appeal his ruling.

Wuterich is charged with nine counts of voluntary manslaughter, aggravated assault, reckless engerment and obstruction of justice for his role in leading his squad of Camp Pendleton Marines in an assault after a Nov. 19, 2005, bombing in the Iraqi city of Haditha that killed one of his men.

The assault resulted in the deaths of men, women and children, none of whom were later proven to have any ties to the bombing or the Iraqi insurgency.

Wuterich has pleaded not guilty to all the charges and remains on duty at Camp Pendleton as his case works it way through the military court system.

Wuterich and his attorneys granted "60 Minutes" an interview in late 2006. The move was privately criticized by lawyers representing other Marines accused of wrongdoing at Haditha, saying it unnecessarily exposed Wuterich to prosecution.

A "60 Minutes" spokesman in New York hailed the ruling, saying it recognized the importance of newsgathering protections.

"Today's significant victory confirms the bedrock principle of a free press," he said. "CBS was right to fight this subpoena vigorously."

Prosecutors had argued in hearings on the issue conducted Wednesday and Thursday that there was no clearly established First Amendment protection for journalists in the military justice system.

Capt. Nick Gannon told Meeks that the unaired portions of the interview, a little more than four hours in all, needed to be seen by the prosecution.

"What's newsworthy to CBS and what is important to the government are not necessarily the same thing," Gannon said, explaining why he wanted to view all the footage from the Wuterich interview. "It is a not a fishing expedition."

CBS attorney Carl Benedetti argued that prosecutors would gain nothing from the unaired portions and preserving the network's right to not hand over that material was paramount for an unencumbered press.

"The media does need to be protected," Benedetti said.

Meeks had viewed the unaired material privately after an appellate court ruled that he was wrong when he decided last year to reject the subpoena without first seeing what it contained.

In his ruling Thursday after seeing it, the judge said the material in fact did not contain anything that wasn't available to prosecutors already through voluminous documents from multiple investigations of the Haditha killings.

"All the statements are consistent with prior statements he has made," Meeks said of Wuterich, who was in the courtroom but did not speak during the session.

"It might be nice to have, but it's not critical," Meeks told Gannon and two other prosecutors assigned to the case.

Numerous news organizations, including The Reporters Committee for Freedom of the Press, had filed briefs in support of CBS when the issue went to appellate court.

Four Camp Pendleton officers and four enlisted men were charged with crimes at Haditha. All but Wuterich and the battalion commander at Haditha, Lt. Col. Jeffrey Chessani, have since been exonerated.

Chessani, accused of dereliction of duty for not ordering a full-scale probe of the killings, is waiting for an appellate court ruling on whether dismissal of charges against him should stand.

It is not clear when Wuterich's trial by military court-martial will take place. Meeks retires this week and a new judge is being appointed to the case. The new judge's time required to get up to speed on the case and other pretrial issues must be completed before a trial.

External link: http://www.northcountytimes.com/articles/2009/03/12/military/z5d2b8e46ab33219f88257577005527b7.txt]]> http://www.expose-the-war-profiteers.org/archive/media/2009-1/20090312-1.htm http://www.expose-the-war-profiteers.org/archive/media/2009-1/20090312-1.htm Fri, 13 Mar 2009 23:53:55 +0100 March 12, 2009

San Diego, CA - Footage of a CBS "60 Minutes" interview with a Marine squad leader accused of killing 24 Iraqis should be disclosed because newsgathering protections do not apply to journalists within the military justice system, a prosecutor argued.

Marine Capt. Nicholas Gannon, who is pursuing charges against Staff Sgt. Frank Wuterich, argued during a Camp Pendleton court hearing Wednesday that there is no case law extending First Amendment protections to journalists in military court matters.

"The question is unresolved on reporter privilege and it's not for this court to decide," Gannon told Lt. Col. Jeffrey Meeks, who is presiding over the case.

Military prosecutors have said they believe the interview given by Wuterich contains admission of crimes in the attack in Haditha, Iraq, on Nov. 19, 2005.

CBS attorney Carl Benedetti, however, asserted that the portions of the interview that were not broadcast contain no material relevant to the prosecution and argued that a wide range of federal court case law protects journalists from being compelled to disclose all of their work product.

"The case does involve reporter privilege," Benedetti said. "This is a constitutional issue and freedom of the press is important. The First Amendment isn't novel."

The network did not oppose an appellate court ruling that directed Meeks to review the unaired material in private.

At the end of Wednesday's court session, Benedetti handed the judge eight compact discs containing about four hours of material the network did not broadcast.

Wuterich, 28, of Meriden, Conn., faces voluntary manslaughter and other charges in the Haditha deaths, which happened after a roadside bomb hit a Marine convoy, killing a Humvee driver and wounding two other Marines.

External link: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/03/12/state/n015837D55.DTL]]> http://www.expose-the-war-profiteers.org/archive/media/2009-1/20090312.htm http://www.expose-the-war-profiteers.org/archive/media/2009-1/20090312.htm Fri, 13 Mar 2009 00:16:06 +0100 Los Angeles Times
March 11, 2009

A court-martial at Camp Pendleton begins today for Staff Sgt. Frank Wuterich, the last defendant in the November 2005 deaths of 24 civilians in Haditha, Iraq. Wuterich is charged with voluntary manslaughter, aggravated assault and dereliction of duty in the deaths of two women and five children.

Wuterich, the squad leader, allegedly gave the order for Marines to "clear" houses after a roadside bomb killed one Marine and injured two. Eight Marines were initially charged in the incident. Cases against six have been dropped, and one was found not guilty.

The Marine Corps is seeking to reinstate charges against one of those initially charged, Lt. Col. Jeffrey Chessani, the battalion commander. Three senior officers were reprimanded for not investigating the incident more thoroughly. The military only launched an investigation after a magazine account disputed the initial version of the killings offered by the Marine Corps.

External link: http://latimesblogs.latimes.com/lanow/2009/03/court-martial.html]]> http://www.expose-the-war-profiteers.org/archive/media/2009-1/20090311-1.htm http://www.expose-the-war-profiteers.org/archive/media/2009-1/20090311-1.htm Wed, 11 Mar 2009 22:03:29 +0100 North County Times
March 10, 2009

Camp Pendleton - Attorneys for CBS and the Marine Corps are due in a base courtroom Wednesday to battle over unaired portions of a "60 Minutes" interview with a Marine recounting the slaying of 24 Iraqi civilians following a roadside bombing.

Prosecutors contend that segments of the interviews not shown in the March 2007 broadcast may prove their case against the Marine, Staff Sgt. Frank Wuterich.

Wuterich is accused of nine counts of voluntary manslaughter, aggravated assault, reckless endangerment and obstruction of justice. The charges stem from Wuterich leading his squad in an assault on several homes after the Nov. 19, 2005, bombing in the Iraqi city of Haditha that killed one of his men.

The storming of those homes resulted in the deaths of men, women and children, none of whom were later proven to have any ties to the bombing or the Iraqi insurgency.

CBS argues a military judge's refusal to approve a subpoena ordering the network to turn over unaired material should stand because there is nothing vital to the prosecution. Doing otherwise also would violate the network's First Amendment privilege to not have to divulge all "the fruits of its newsgathering," its attorneys say.

The network isn't opposed to letting the judge view the unaired portions in private, saying they're confident the material won't shed any new light on the case. After viewing the tapes, CBS wants an order preventing prosecutors from having access to that material.

But prosecutors argue in a court filing that their subpoena goes beyond the unaired material to include any "nonverbal acts, actions and/or acknowledgements" made by Wuterich when he met with CBS reporter Scott Pelley.

Their subpoena, they say, covers "the entire spectrum of admissions in the possession of CBS Broadcasting, not just the non-broadcast admissions."

Wuterich's lead attorney, Neal Puckett, said Tuesday that his client makes no admissions on the unaired portions, nor did he make any implicating statements to Pelley when the camera wasn't rolling.

"I was there for the entire four hours and there's nothing," Puckett said during a telephone interview.

Four Camp Pendleton officers and four enlisted men were charged with crimes in the wake of the Haditha bombing. All but Wuterich and the battalion commander at Haditha, Lt. Col. Jeffrey Chessani, have since been exonerated through court hearings, trials or withdrawal of the charges.

Chessani, accused of dereliction of duty for not ordering a full-scale probe of the killings, is waiting for an appellate court ruling on whether dismissal of charges against him should stand.

Wednesday's hearing is scheduled to start at 8 a.m.

External link: http://www.northcountytimes.com/articles/2009/03/10/military/z3f3bad5b9cc0a1d688257575005be791.txt]]> http://www.expose-the-war-profiteers.org/archive/media/2009-1/20090310-2.htm http://www.expose-the-war-profiteers.org/archive/media/2009-1/20090310-2.htm Wed, 11 Mar 2009 22:01:41 +0100