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Haditha Dismissal Upheld In Court
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| Marine Corps Lt. Col. Jeffrey Chessani, left, arrives with his wife Alissa Chessani, center, and his defense attorneys for his hearing at Camp Pendleton Marine Corps Base in San Diego County June 17. (Denis Poroy/Associated Press) |
By John P. Connolly, The Bulletin
A military court issued a unanimous decision yesterday in favor of Lt. Col. Jeffrey Chessani, who is being prosecuted for his involvement in an alleged massacre in Iraq.
The Navy-Marine Corps Court of Criminal Appeals upheld the dismissal of charges against Lt. Col. Chessani, citing unlawful command influence, which tainted the case.
“We are convinced the government failed to meet its burden of demonstrating, beyond a reasonable doubt, that the proceedings were untainted by the appearance of UCI (Unlawful Command Influence),” reads the court’s decision. “We are similarly convinced that an objective, disinterested observer, fully informed of all the facts and circumstances, would harbor significant doubt about the fairness of this proceeding.”
This decision could be appealed to the Court of Appeals for the Armed Forces and then even to the U.S. Supreme Court. The government has yet to announce whether it will pursue another appeal.
For the last four years, Lt. Col. Chessani has been investigated and prosecuted for his involvement in the so-called “Haditha Massacre” and is the highest-ranking officer facing prosecution for the much-publicized incident. A 22-year veteran, Lt. Col. Chessani has served three tours of duty in Iraq. He served in the 1991 Persian Gulf War and in Panama. At the time of the Nov. 19, 2005 Haditha incident, he was the Battalion Commander of 3rd Battalion, 1st Marines — one of the most decorated units in the history of the Marine Corps.
“Lt. Col. Chessani, one of the most effective combat commanders we had in Iraq, was a made political scapegoat by the civilians in the Pentagon to appease the antiwar politicians and a liberal media,” said Richard Thompson, president and chief counsel of the Thomas More Law Center, which is serving as Lt. Col. Chessani’s defense.
“In fact, we now know that the story of the ‘massacre’ that prompted the Haditha prosecutions was a headline in a Time news article instigated by insurgent propaganda operatives. This nation has come to the point where we can’t call terrorists captured on the battlefield ‘enemy combatants.’ We release the terrorists out of Guantanamo and prosecute the military our country placed in harms’ way to defend us,” Mr. Thompson said.
Robert Muise, an attorney with the Law Center, argued the case on behalf of Lt. Col. Chessani. The Law Center has been defending him throughout his prosecution alongside his detailed Marine lawyers, Lt. Col. John Shelburne and Capt. Jeff King. Capt. Kyle Kilian, a Marine appellate defense lawyer, also assisted in the appeal.
The criminal charges against Lt. Col. Chessani stem from a combat action taken by four enlisted Marines in his command after insurgents in Haditha, Iraq, ambushed them. Their actions resulted in the deaths of several ambushing insurgents. Unfortunately, several civilians were also killed in the house-clearing operation.
Even though Lt. Col. Chessani wasn’t present during the incident, he was criminally charged with failing to launch a full investigation into the incident. If convicted, he faces more than two years of imprisonment, dismissal from the Marines and loss of all of his retirement pay.
John P. Connolly can be reached at jconnolly@thebulletin.us
The Navy-Marine Corps Court of Criminal Appeals upheld the dismissal of charges against Lt. Col. Chessani, citing unlawful command influence, which tainted the case.
“We are convinced the government failed to meet its burden of demonstrating, beyond a reasonable doubt, that the proceedings were untainted by the appearance of UCI (Unlawful Command Influence),” reads the court’s decision. “We are similarly convinced that an objective, disinterested observer, fully informed of all the facts and circumstances, would harbor significant doubt about the fairness of this proceeding.”
This decision could be appealed to the Court of Appeals for the Armed Forces and then even to the U.S. Supreme Court. The government has yet to announce whether it will pursue another appeal.
For the last four years, Lt. Col. Chessani has been investigated and prosecuted for his involvement in the so-called “Haditha Massacre” and is the highest-ranking officer facing prosecution for the much-publicized incident. A 22-year veteran, Lt. Col. Chessani has served three tours of duty in Iraq. He served in the 1991 Persian Gulf War and in Panama. At the time of the Nov. 19, 2005 Haditha incident, he was the Battalion Commander of 3rd Battalion, 1st Marines — one of the most decorated units in the history of the Marine Corps.
“Lt. Col. Chessani, one of the most effective combat commanders we had in Iraq, was a made political scapegoat by the civilians in the Pentagon to appease the antiwar politicians and a liberal media,” said Richard Thompson, president and chief counsel of the Thomas More Law Center, which is serving as Lt. Col. Chessani’s defense.
“In fact, we now know that the story of the ‘massacre’ that prompted the Haditha prosecutions was a headline in a Time news article instigated by insurgent propaganda operatives. This nation has come to the point where we can’t call terrorists captured on the battlefield ‘enemy combatants.’ We release the terrorists out of Guantanamo and prosecute the military our country placed in harms’ way to defend us,” Mr. Thompson said.
Robert Muise, an attorney with the Law Center, argued the case on behalf of Lt. Col. Chessani. The Law Center has been defending him throughout his prosecution alongside his detailed Marine lawyers, Lt. Col. John Shelburne and Capt. Jeff King. Capt. Kyle Kilian, a Marine appellate defense lawyer, also assisted in the appeal.
The criminal charges against Lt. Col. Chessani stem from a combat action taken by four enlisted Marines in his command after insurgents in Haditha, Iraq, ambushed them. Their actions resulted in the deaths of several ambushing insurgents. Unfortunately, several civilians were also killed in the house-clearing operation.
Even though Lt. Col. Chessani wasn’t present during the incident, he was criminally charged with failing to launch a full investigation into the incident. If convicted, he faces more than two years of imprisonment, dismissal from the Marines and loss of all of his retirement pay.
John P. Connolly can be reached at jconnolly@thebulletin.us
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