Haditha Article 32: Lt. Col. Jeffrey R. Chessani

Below article germane:

PRESS RELEASE ICO UNITED STATES V. 2ndLt NATHAN P. PHAN USMC

ALL: This is a well put together, factual read, prepared by Tim Harrington, a former Marine and staunch supporter of the K/3/1 and K/3/5 accused. Hopefully, all addressees will carefully read and analyze what Tim has written and the press release prepared by
Lt. Phan’s Defense Attorney, David P. Sheldon, Esq.

S/F,
Don Greenlaw

—— Original Message -——
From: Tim
To: Don Greenlaw
Sent: Wednesday, May 30, 2007 4:41 AM

Capt. Greenlaw, This needs to be re-read by everyone, Why has the Marine Corps and news buried this info?? Why has the Marine Corps not charged this Officer and Navy JAG with obstruction?????? Why did they offer NJP if this investigation by NCIS agent Connolly was so intact?????? and there is nothing Lt. Phan can do for or against these Marines because the Marine Corps destroyed evidence that would substantiate anything he has to say!!!!!!!! Now the prosecution pressures young Marine Pennington to help with the Marines demise. You can tell Col. Riggs all this info and the Connolly documentation and the exposure of NCIS and the manipulation of the UCMJ by Congress and the JAG corps is headed for a documentary and is already underway. They can try to hide the political winds, but there is a hurricane coming, and it is coming from MARINES around the country, They trained us well ! I believe it was Gen. Mattis who stated we can be your best friend or your worse damned enemy, The force march for truth is under way.

Sempers
Capt. Tim

PRESS RELEASE ICO UNITED STATES V. PHAN
Camp Pendleton, California

Defense Counsel:

Civilian Defense Counsel, David P. Sheldon, Esq.
Individual Military Defense Counsel, Lieutenant Colonel Matthew W. Cord, USMC
Detailed Military Defense Counsel, Major Jeffrey V. Muï¿½oz, USMC

2d Lt Nathan P. Phan, USMC, has been charged with one count of false official statement and three counts of aggravated assault in connection with alleged crimes that took place in Hamandiyah, Iraq by the 3rd Battalion, 5th Marines. The prosecution of Lt Phan is the product of unethical, strong-arm tactics by agents of the Naval Criminal Investigative Service, shocking instances of prosecutorial misconduct, and the intentional destruction of important evidence by government agents. It is an effort by the Marine Corps to use Lt Phan as a scapegoat to both justify its own failed policies and lack of battlefield awareness, and to cleanse itself of its own institutional responsibility and accountability by saying that an officer is being held accountable. The sad and incontrovertible fact is that the charges against Lt. Phan are entirely baseless and the government’s prosecution of him is an ethical abomination and an affront to any concept of justice.

Lt Phan, whose family immigrated from Vietnam, and who has served his country honorably both as an enlisted Marine and an officer, arrived in Iraq in January 2006. Rather than perform the traditional infantry mission he and his platoon were prepared and trained for, without notice or any training or guidance, Lt Phan was assigned to conduct Counter Insurgency Operations in Anbar province, the hotbed of insurgency operations in Iraq. Among other things, he was tasked with detaining possible terrorists and insurgents and stopping their use of deadly improvised explosive devices “at all costs”. By all accounts from within his unit and up his chain of command, Lt Phan was extremely successful - it is beyond dispute that his platoon gathered more useful intelligence, detained more suspected terrorists, and discovered more weapons caches than any other platoon in his company. For example, due to Lt. Phan’s tireless efforts, a deadly sniper cell responsible for several Marine deaths was eliminated, and a vicious kidnapping cell that had long plagued the area was finally destroyed.

Rather than reward Lt. Phan for his actions, the government - based upon suspect evidence, coerced statements and bizarre theories - instead has smeared this Marine’s career and reputation and now seeks to imprison him for decades. That the government has continued upon this sickening course with the full knowledge that its evidence is ludicrously thin and ethically compromised is a sorry testament to the state of justice in the Marine Corps. For example:

Despite charging Lt. Phan with making a false official statement, the government has no evidence that Lt. Phan ever made the statement alleged, nor that any person ever heard him make such a statement. More troubling is the fact that documents - which have been in the possession of NCIS and prosecutors for more than 6 months - clearly show exactly the opposite: that Lt. Phan never made any false official statements to anyone at any time.

The government has also charged Lt. Phan with using “force likely to produce death or serious injury” on three Iraqi men his platoon had detained. However, what the government has studiously avoided disclosing is the fact that the men were documented, active terrorists and listed as such by the U.S. Marine Corps - one was a documented triggerman on an IED that killed and wounded several service members. What the government has also cravenly avoided disclosing is that Lt. Phan was instructed by his superiors to “aggressively” gather intelligence from these individuals and put a stop to their activities “at all costs.” Further, the government has also disgracefully failed to explain (to either the public or Congress) that the alleged “aggravated assaults” consisted of nothing more than applying a non-lethal, non-dangerous Marine Corps approved restraint technique called a “blood choke.” While this term may sound scary, any Marine who has had it done to him/her (and most do have it done to them during mandatory training) would say that it does not injure, does not kill and is specifically taught as a restraint - not an offensive, killing move. Moreover, Lt. Phan selected a trained and approved USMC martial arts instructor to apply the move in order to doubly ensure that the move was correctly applied and that no harm would result. In fact, even the government admits that no harm came to the three terrorists. What it is reluctant to admit however is the documented fact that, as result of Lt. Phan’s decision to use this innocuous technique, all three terrorists immediately gave valuable information that directly lead to the capture of other terrorists and the thwarting of plans to kill Americans in Iraq.

In addition, the government has also alleged that Lt Phan assaulted a terrorist with a “means likely to produce death or serious bodily harm” by pointing an unloaded pistol at him. Apart from the sheer absurdity of claiming an unloaded pistol is capable of killing or seriously injuring anyone, the government fails to mention that Lt. Phan - and nearly every other Marine sent to Iraq - is instructed by the Marine Corps that Iraqi’s have a deep fear of pistols and that instilling fear in a suspect during an interrogation is a valid and often necessary technique. The rank hypocrisy inherent in this particular charge cannot be stressed enough.

Finally, the government only recently had the decency to disclose that one of the alleged terrorist “victims”- Mr. Hassan Hamza Fayall - was himself murdered by his fellow terrorists several months ago. Of course, the government has offered no explanation as to why it failed to protect this alleged “victim” or secure him in a safe area as a material witness. The fact that Lt. Phan cannot possibly receive a fair trial without the appearance and testimony of this “victim” is apparently of little concern to prosecutors who still press forward with this charge.

One of the other alleged “victims”, Mr. Ali Haraj Rbash, has, according to the government, steadfastly refused to cooperate with or give statements to investigators and refuses to testify. The last alleged “victim”, Mr. Khalid Hamad Daham, according to the unsubstantiated representations of the government, would like to testify were it not for the fact that he cannot obtain clearance to enter this country.

In addition to the hypocrisy and inconsistency regarding the alleged “victims,” the government has also dallied in gross and wanton destruction of important evidence in order to prevent its use by Lt. Phan in his effort to exonerate himself. For example, just before he was sent back to Camp Pendleton from Iraq in order to face the subject charges, a representative of Lt. Phan’s command seized from him a flash drive (a.k.a. thumb drive). This device, sanctioned if not provided by his command, was used by Lt. Phan to store important electronic information for use in his mission. Among other things, orders and messages from his commanders were transmitted to him via this device. It also contained many other notes, charts and memoranda created by Lt. Phan based on information transmitted to him by his commanders and local sources. Instead of preserving this invaluable piece of evidence, his command representative instead destroyed it - without verifying its contents or making a copy. Worse, this took place in the presence of the Battalion Staff Judge Advocate (an attorney for the government) who not only failed to prevent the destruction of the thumb drive, but actually approved it! Of course, the government now is expected to say that since Lt. Phan cannot prove what was on the thumb drive when it was illegally seized and destroyed, he is just out of luck. Since when is “luck” a valid factor in a court of law? Where is the “luck” clause of the U.S. Constitution? It is a sad day for justice and a terrible day for Marines everywhere when government agents and attorneys can willfully destroy important evidence that would exonerate Lt. Phan - then blithely shrug their shoulders.

To compound the matters highlighted above, the government has also engaged in actively withholding important, relevant information from Lt. Phan’s defense team and has thus far refused to seek out important information in the possession of other U.S. Government agencies requested by the defense. More seriously, for months prosecutors have been in possession of information that both tends to exonerate Lt. Phan as to some allegations and cast serious doubt upon the truthfulness and ethics of NCIS agents investigating the case. For example, at least three witnesses to relevant events told NCIS agents they saw no misconduct of any kind by Lt. Phan. Instead of accurately reporting these facts, NCIS agents coerced and threatened these witnesses and ordered them to sign statements to the contrary. These witnesses later informed prosecutors of these events and further told them what they had really observed and experienced. Of course, not only did these prosecutors not disclose these important facts to the defense (as they are strictly required to do), they then loudly browbeat these witnesses in an effort to convince them to stick with the NCIS-fabricated version of events. And, naturally, the government has initiated no investigations into the unethical and possibly illegal misconduct by these NCIS agents, nor has it done the right thing and taken steps to ensure that this fraudulent evidence is not used against Lt. Phan (or others).

That the government of the United States, and the U.S. Marine Corps, would sanction such appalling misconduct by its investigators and prosecutors and attempt to go forward and ruin Lt. Phan with such discredited and fraudulent evidence is nothing less than shocking.

Whatever wrong actions other members of the 3rd Battalion, 5th Marines may have committed at Hamandiyah in April of 2006, Lt Phan is not responsible and the government has no credible evidence to the contrary. Sadly, rather than admit that, the Marine Corps is attempting to use this young Officer as a sacrificial lamb and a salve to the egos of its commanders and prosecutors. It is, in a word, unconscionable and it should not be countenanced in any way, shape, or form by the government and people of this nation.

-30-

Semper Fidelis,
fontman

OOOHRAH! POUND IT, FONTMAN! GOOD JOB!

AND TIM!! OOOHRAH TIM!

One Hour Ago

http://www.nctimes.com/articles/2007/05/30/news/top_stories/1_01_404_29_07.txt

United States Marine Lt. Col. Jeffrey R. Chessani walks to a preliminary hearing where he is charged with violation of a lawful order and dereliction of duty Wednesday May 30, 2007 at Camp Pendlelton, Calif. Chessani is one of four officers charged for alleged failure to investigate and report the deaths of 24 Iraqi civilians. (Associated Press)

________________________________

From today's North County Times:
Iraqis told civilian deaths were 'unfortunate'.

By: MARK WALKER --- Staff Writer

CAMP PENDLETON ---- Iraqi officials were told shortly after 24 civilians died at the hands of Camp Pendleton Marines in Haditha in 18 months ago that while the deaths were unfortunate, they stemmed solely from the local populace allowing insurgents to use homes to stage attacks against U.S. troops.

Testifying via videotape recorded in March because he is now back in Iraq, Marine 1st Lt. Max Frank said he was told by his superiors to provide that explanation to local hospital officials when he delivered the bodies to the facility's morgue the night of Nov. 19, 2005.

"We were to explain to the Iraqis that the Marines were sorry about this, but this is what happens when you allow terrorists to use homes to attack Marines," Frank said during the opening day of a hearing to determine if Lt. Col. Jeffrey Chessani should be tried for dereliction of duty for failing to order an investigation into the deaths.

Chessani faces two counts of dereliction of duty and violation of a lawful order for his role in the Haditha case, an incident that spawned worldwide condemnation of the Marines when brought to light in early 2006.

Chessani, 43, faces more than two years in prison and dismissal from the service he has been a part of for 19 years if ultimately ordered to trial, convicted and sentenced to the maximum.

Frank was called by prosecutors to explain his role in collecting the bodies and why he, like Chessani and three other officers charged in December with dereliction for failing to order an investigation, did not believe a probe was necessary.

"I didn't have any reason to believe that what they had done was done on purpose," Frank said, later adding that he did not believe the deaths represented a violation of the rules of engagement or international laws of armed conflict. "I assumed they had taken fire and they had made a mistake."

When hospital officials began collecting the dead from the back of two Humvees, Frank said several were visibly upset and that one vomited.

Many of the bodies were simply loaded into the back of the Humvees and covered with plastic trash bags because the Marine had only five body bags available, Frank said. The dead included several women and children, including a group of at least five children and two women found in one bedroom, he testified.

The civilians were killed after a roadside bomb destroyed a Humvee, killing a lance corporal and injuring two other Marines.

Five of the Iraqis, all men, were killed when they emerged from a car that drove up shortly after the bombing. The 19 other Iraqis died during house clearing operations led by Staff Sgt. Frank Wuterich, who is charged with 13 counts of homicide. Two other enlisted men also face homicide charges.

Chessani's attorneys contend the Colorado native reported everything he knew and should not be facing criminal charges. The former commander of Camp Pendleton's 3rd Battalion, 1st Marine Regiment was relieved from that post when the unit returned from Iraq in April 2006, a decision that his attorneys say has effectively ended in career.

Chessani's case is being presided over by Col. Christopher Conlin, an infantry officer who is being assisted by a Marine lawyer.

The hearing is expected to last through the end of next week and could include up to 40 or more witnesses in addition to thousands of pages of investigative documents.

Before the hearing began, Chessani's attorney, Brian Rooney, told reporters that no requirement was in place in 2005 mandating that civilian deaths arising out of a combat situation required an investigation. Such a requirement was instituted by the Marine Corps in 2006, he said.

Rooney said Chessani has nothing to hide.

"We want to make sure the American public know their officers didn't cover up anything," he said. "We are really eating our own and the terrorists are laughing in their caves and getting everything they want."

Chessani's hearing is the second in the Haditha incident. A similar hearing for Capt. Randy Stone, also charged with dereliction, took place earlier this month. No decision has been reached over whether Stone will be ordered to court-martial.

See Thursdays' North County Times for a full report on Wednesday's hearing.

Good Stuff!

Sounds like 1st Lt. Frank is telling it like it was. Hopefully Col. Conlin listens to his testimony and notes the pathetic behavior of the NCIS in this and previous investigations.

Great post, Fontman!

Before the hearing began, Chessani's attorney, Brian Rooney, told reporters that no requirement was in place in 2005 mandating that civilian deaths arising out of a combat situation required an investigation. Such a requirement was instituted by the Marine Corps in 2006>, he said.

So where is the dereliction of duty?

The lieutenant colonel clearly should have anticipated a future order.

Hey Ma, did you check out the very next article?

Hamandia Marine's judge won't let jury know min. sentence is life in prison or about short sentences for those who plea bargained

I don't like what Judge Robinson is doing here. It's a reversal of what the other judge did. Why? For standing up for himself?

CAMP PENDLETON ---- Jurors will not learn about the short jail sentences handed to codefendants of a Camp Pendleton Marine corporal accused of a plot that led to the kidnapping and killing of an Iraqi man last year, a judge ruled Wednesday.

The ruling from the military judge, Lt.Col. Eugene Robinson, was one of a few blows delivered to the defense in the case of Cpl. Marshall Magincalda, who is set to go to court-martial on June 11.

The central California native is one of eight Camp Pendleton troops accused of snatching retired Iraqi police officer Hashim Ibrahim Awad from his home in Hamdania on April 26, 2006, then marching him a mile or so down the road, where he was shot to death.

Magincalda has pleaded not guilty, as has codefendant Cpl. Trent Thomas. A third co-defendant, Sgt. Lawrence Hutchins, has not yet entered a plea.

Five of the troops have pleaded guilty to reduced charges in the matter; all were sentenced to jail or prison time ranging from as short as a year to as long as eight years in exchange for pleading guilty and testifying against the other men accused in Awad's death.

Robinson's ruling is the opposite ruling made by the judge overseeing the case of one of Magincalda's codefendants, Cpl. Trent Thomas. In the Thomas case, the military jury will be allowed to hear about the short sentences given to the five men who pleaded guilty.

Robinson's rulings, which came at the start of what is scheduled to be a three-day pretrial hearing for Magincalda, included the rejection of a request from the defense that the jury know the minimum sentence faced Magincalda is life in prison if he is convicted of premeditated murder.(Why the hell not? What's Robinson afraid of, that the defense attorney will paint a picture of intimidation unless you contribute to the NCIS batting average?)

Robinson also denied Magincalda's defense team a second visit to Hamdania to conduct their own investigation.

"The defense has failed to establish that there is a reasonable likelihood that a second visit would benefit them," Robinson said. (He should be given every opportunity to establish his innocence. He's looking at a minimum of life in prison and this judge doesn't see the need? Could you imagine that in a civilian court against say, one of the terrorists the ACLU is defending on our nickle?)

Members of his defense team went to Iraq in January, but security concerns hamstrung them from spending much time in Hamdania. Also hampering their investigation at the time was the refusal of Awad's family members and other witnesses to speak with them or to travel to the United States to testify.

In denying the second visit to Iraq, Robinson also said the situation in the rural village of Hamdania has "deteriorated significantly" in the 13 months since Awad's slaying, and that the area is now "considered to be hostile territory."

Magincalda's hearing is continuing today, but portions of it are closed because the discussion centers on admissibility of classified information.

Thanks, to all.

Please spread the word.

Semper Fidelis,
fontman/Mark

I echo freema's attitude. This shit has gone way beyond any shred of seeking justice. Men of valor and honor are being reduced to criminals in the eyes of tens of millions of people that do not understand what is going on.
Is this what our Generals and Admirals want for our fighting men.

Let us not forget what was written about Lt. Col. Chessani by Maj. Gen. Huck, who reviewed Chessani's performance during the time of the Haditha situation, calling him a "top notch officer with outstanding potential" and recommending him for promotion.

"Unlimited potential and value to the Marine Corp," the general wrote in Chessani's Combat Fitness Report. "Capable of the most challenging assignments." The report, .... also included the following comments about Chessani:

"Leads Marines from front in every operation. Demonstrates moral courage everyday. Doesn't hesitate to report bad news fast or contest unrealistic plans/poor concepts. Despite the complexity and size of his AO (area of operations), he always maintains a calm, cool demeanor."

"Always seeks advantage over complex, diverse insurgent enemy. Truly one of the finer thinkers in this COIN (counterinsurgency) environment."

"One of the top 3 infantry/Cav Bn cmdrs of 13 who have served with RCT –2 (the regiment) during OIF. A superb leader, who knows his men, knows the enemy, knows his business. Doesn't attract a lot of fanfare; just gets the job done to an exceedingly high standard."

"Recommend selection for promotion to Colonel and TLS [Top Level School]."

As you indicated, Marine Uncle, a Man of Valor and Honor.

Lt. Col. Jeffrey R. Chessani, right, commander of 3rd Battalion, 1st Marine Regiment, and Major Gen. Richard Huck, commanding general for the 2nd Marine Division, wait for a helicopter to land in Haditha, Iraq, during a January visit. (Official Marine Corps photo / Cpl. Adam C. Schnell)

Hey, look at you, Girl! Posting a picture and everything! Here's another...

United States Marine Lt. Col. Jeffrey R. Chessani, right, is accompanied by attorneys, Lt. Col. John Shelburne, left, and Brian Rooney, second from right, as they walk to a preliminary hearing where he is charged with violation of a lawful order and dereliction of duty Wednesday May 30, 2007 at Camp Pendlelton, Calif. Chessani is one of four officers charged for alleged failure to investigate and report the deaths of 24 Iraqi civilians. (AP Photo/Lenny Ignelzi)

And notice the cammy attire. There's no medals that way.

I posted a new version of the LCpl Stephen Tatum Defense Fund form at the link. I don't have a working printer at the moment. Would you guys mind printing it out and seeing if it prints okay? My gratitude would be big and wide.

Why, thankyou for noticing! It took me a while. I is jes a Girlene.

No medals, hmmmph. From one article I read, Lt. Col. Chessani was on track for a star.

For the past 16 years, when the Marines went to war, so did Chessani, who grew up in northwestern Colorado. He joined in the U.S. invasion of Panama. He was in Saudi Arabia for the Persian Gulf War and returned to the region for the war in Iraq. In 2004, Chessani helped plan the military's assault on the insurgent-controlled city of Fallujah.

And he was considered a prospect for promotion to general.

Which makes it more impressive [to me] that when put to the test, he didn't roll on his Marines. He stood up for them.

Oh, good grief. I meant the post above (about printing the form) to be for you guys—not to myself!

I is jes a Girlene.

What, does he think the potential jurors have been in CONEX boxes all this time and are ignorant?

He must have a point about having a fair and impartial jury in here somewhere, but it’s lost on me! jack murtha is holding a news conference about this, somewhere, I’m sure.