TMLC: Gov Decides Not to Appeal Further in LtCol Chessani Case; Decision to Re-Charge Still Pending

Thomas More Law Center ^ | May 05, 2009 | (no annotation)

[Gene Eric]

ANN ARBOR, MI – A government official has informed the Thomas More Law Center that the government will not seek to appeal the recent unanimous decision by the Navy Marine Corps Court of Criminal Appeals (NMCCA) in favor of LtCol Jeffrey Chessani, USMC. 

The decision makes permanent the ruling by the trial court judge, Colonel Steven A. Folsom, USMC, dismissing the charges against LtCol Chessani – without prejudice – due to Unlawful Command Influence.  The government could have sought an appeal to the civilian Court of Appeals of the Armed Forces (CAAF), and then to the U.S. Supreme Court. 

Because Col Folsom’s dismissal of charges was made without prejudice, the government could still seek to re-charge LtCol Chessani. 

The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, along with detailed military attorneys LtCol Jon Shelburne, USMC, and Capt Jeffrey King, USMC, have represented LtCol Chessani throughout the criminal process.

In order for the government to start the process of recharging LtCol Chessani, the Commandant – General James Conway, USMC – would have to appoint a new convening authority (the rank of General) that was not precluded by Col Folsom’s ruling, which was based on Unlawful Command Influence.

[Gene Eric]

Good news for the Chessani family.

[Gene Eric]

for the lists

[jazusamo]

Very good news!

HADITHA MARINE & MURTHA WATCH PING!

[pissant]

May the good news continue until he is utterly exonerated!!!!

[jazusamo]

Amen to that, pissant!

[Girlene]

Good news on no more appeals! Now that the finding of appearance of Unlawful Command Influence stands, hopefully it will bolster SSgt Wuterich’s chances of a similar finding.

Seems they could decide to recharge LtCol Chessani. That would mean another article 32. Good opportunity for the gov’t to finally drop this case.

[StarCMC]

It’s about time this witch hunt comes to an end and these men can rest. This whole debacle is utterly ridiculous!

[jazusamo]

Agreed...Seems the Corps has finally realized this is the end of the persecution for LtCol Chessani and though they could refile charges it doesn’t seem too likely to me, I just hope I’m right.

Hopefully the finding of UCI will take the wind out of the prosecutions sails for SSgt Wuterich’s case too.

[Marine_Uncle]

Great news! Perhaps the tea parties and other how should I say government irregularities have set off a flag.

[ArmyTeach]

Agree with all. I don’t understand why COL Folsom didn’t dismiss with prejudice in the first place and put an end to this fiasco. The prosecution looks ridiculous. We’ll celebrate when the last Marine is in the clear.

[lilycicero]

Oh please be true.

[RedRover]

I’m not clear how LtCol Chessani could be recharged and by whom.Even if the case shifted to Lejeune from Pendleton, wouldn’t it still come under Gen Mattis in some way?

[jazusamo]

I don’t know the answer to that, Red.

It was my understanding that if he is recharged that no one connected with any part of the previous charging, hearings, courts-martial, etc. could be involved in the new one.

If that is the case I’d think they’ll have a tough time finding those people.

[Gene Eric]

>> TMLC: “In order for the government to start the process of recharging LtCol Chessani, the Commandant – General James Conway, USMC – would have to appoint a new convening authority”

Do you know the time limitation for recharging?

[RedRover]

No idea what the time limitation would be. I’ll try to get answers.

[4woodenboats]

In that case, the best the prosecution could do is ask for consecutive delays and spout random rumors - pretty much what they’re doing now.

[jazusamo]

You’re right, boats and that’s exactly what they’re doing.

[4woodenboats]

Gene Eric had a good question about time limits, it'll be interesting if Red finds something.

Kinda hard to put a frame around it and see what it looks like from my perch....we are into May of freaking 2009!!!

[jazusamo]

we are into May of freaking 2009!!!

Unbelievable, isn't it! The charges were brought in December of '06 after months of investigations and here it is 2 1/2 years later with two still hanging. That is not justice no matter what any of those legal types say!