TMLC: LtCol Jeffrey Chessani Board of Inquiry Starts Tomorrow

Thomas More Law Center ^ | December 1, 2009 | no annotation

[Gene Eric]

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ANN ARBOR, MI – Four years after the so-called “Haditha Massacre, ” a massacre the government now knows never happened, the final chapter in the tragic persecution of LtCol Jeffrey Chessani, USMC, will begin when he faces a Board of Inquiry (BOI) starting on Wednesday, December 2, 2009 at 9 AM in a military courtroom located at the Marine base at Camp Pendleton, California. 

LtCol Chessani served his nation for over 20 years, including three combat tours in Iraq as well as duty in the first Persian Gulf war.  He is one of America’s finest combat commanders.  His official fitness report, which covered the date of the Haditha incident, characterized him as a superb leader who demonstrated moral courage with unlimited potential and value to the Marine Corps.

The three-person Board of Inquiry consists of a one-star general and two colonels, all of whom were selected by the Convening Authority, Marine LtGen George Flynn.  The three officers will determine whether LtCol Chessani engaged in any “misconduct” related to the Haditha incident.

The misconduct charges against LtCol Chessani stem from a fierce house-to-house, room-by-room combat action taken by four Marines in his battalion after being ambushed by insurgents in Haditha, Iraq on November 19, 2005.  Along with several insurgents, 15 civilians also died. 

LtCol Chessani is the highest ranking officer targeted by the investigation of the Haditha incident that was conducted by over 65 NCIS agents (Naval Criminal Investigative Service) ─ the largest investigation in that agency’s history ─ with the expenditure of millions of taxpayer dollars. 

Nonetheless, government prosecutors lost at every stage of the criminal process.  Even though the government decided give up on a criminal prosecution of LtCol Chessani, as the last chance to punish him, it ordered a Board of Inquiry to determine whether he was guilty of misconduct.

Lawyers from the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, teamed up with detailed military defense attorneys LtCol Jon Shelburne, USMC, and Capt Jeffrey King, USMC to defend LtCol Chessani throughout the criminal process. The Law Center attorneys assigned to the case are Robert Muise and Brian Rooney, both former Marine officers.

Because a Board of Inquiry is an administrative hearing, the normal rules of evidence do not apply.  The Board can consider material without the benefit of a cross examination; they can consider the tainted record of the Article 32 Hearing over the objections of LtCol Chessani’s defense team; LtCol Chessani cannot subpoena witnesses—he can only request them; and the government need only prove misconduct by a preponderance of the evidence (50.1%) rather than beyond a reasonable doubt as required in a criminal proceeding.

On December 2, 2009, both sides will make opening statements and provide Board members with documentary material they want the Board to review.  It is anticipated the Board will receive thousands of pages of material.  In order to have an opportunity to review all the submitted material, the Board will adjourn until December 7th.

Beginning on December 7th, the government, and then LtCol Chessani, through their respective attorneys, will present live witness testimony.  There could be as many as 40 witnesses called to testify.  This portion of the BOI should last through the entire week and perhaps longer.  After all evidence and testimony have been presented, both sides will make closing arguments.

The Board members will then deliberate and render their decision as to whether or not they find misconduct.  If the board finds no misconduct, the case will finally be closed. 

However, if the board finds misconduct they will then make a recommendation as to whether LtCol Chessani should be allowed to retire at his present rank or reduced to major.  This is only a recommendation.  The final decision as to retirement grade rests with the Secretary of the Navy.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented, “I’m outraged at the obvious double standard the government used as it gave Army Major Nidal Hasson every benefit of the doubt because of political correctness.  Yet, it they had no problem in persecuting this loyal Marine officer because he refused to throw his men under the bus to appease an anti-war politician and the Iraqi government. Any finding of misconduct handed down by the Board of inquiry would be a miscarriage of justice because LtCol Chessani did nothing wrong.”

[Girlene]

Thanks for the ping, jaz.

.......if the board finds misconduct ..........The final decision as to retirement grade rests with the Secretary of the Navy.

I hope they find NO misconduct. I have a feeling the Sec of Navy, Ray Mabus, would punish Lt Col Chessani to the max that he's allowed.

December 7 will be a busy day. Not only does the witness review start for the BOI, but the three Navy Seals will be arraigned on their charges.

[jazusamo]

I concur with your feeling, Girl. I’m pretty sure Mabus will demote him to Major if the panel finds misconduct after his going after the Hamdania Marines. I’m banking on the three officers on the panel to end this travesty.

[gunner03]

>> versus the handling of a rabid jihadi Army psychiatrist is truly sickening.

Never connected the two issues in my mind. But, you make an excellent point!!!

Another point, politicians guilty of crimes still get full pensions. NO reduction in retirement benefits.