Posted on 03/05/2008 12:48:32 PM PST by RedRover
SAN DIEGO – A judge has ruled that attorneys for a Marine lieutenant colonel cannot interview Democratic Congressman John Murtha over comments he made about an attack that left 24 Iraqis dead in Haditha. Attorneys for Lt. Col. Jeffrey R. Chessani wanted to depose Murtha about his claims that the Marines killed “in cold blood.”
A spokesman for Chessani said Wednesday that attorneys were notified by e-mail that a military judge denied the request.
Chessani's attorneys say they plan to appeal ruling during a motions hearing in April.
Chessani is charged with dereliction of duty and violation of a lawful order on allegations that he mishandled the aftermath of the Haditha shootings on Nov. 19, 2005.
They should recall the ex Marine Murtha to active duty and then swear him in as a witness. It’s a shame this POS ever served in the Marines. He is not my Rep, but I am from PA and he is one of our biggest embarrassments.
So if Chessani is charged with dereliction of duty and violation of a lawful order on allegations that he mishandled the aftermath of the Haditha shootings, what does Murtha have to do with that?
I wonder if relatives of Chessani could get to murtha in a civil suit.
There are some answers to your question in the article by NewsMax linked at post #1.
Murtha is a damnable liar.
Marine Lt. Colonel Chessani Thrown Under the Bus for Political Reasons; Fair Trial an Illusion
ANN ARBOR, MI – “Military Judge Colonel Stephen Folsom’s, USMC, ruling yesterday refusing our request to take the deposition of Congressman John Murtha, D-PA, is the latest indication that it will be impossible for Marine Lt. Colonel Chessani to get a fair trial regarding November 19, 2005, Haditha incident,” said Richard Thompson, Chief Counsel of the Thomas More Law Center, the Ann Arbor, Michigan based public interest law firm defending Lt. Col. Chessani.
“This entire prosecution is politically motivated and stinks to high heaven. Denying us the right to take Murtha’s deposition so that we could show undue command influence, as well as denial of our request for production of documents in the possession of Lt. Col. Chessani’s superiors makes it impossible for us to render this loyal Marine officer the effective assistance of counsel he deserves — they are attempting to throw him under the bus. In many ways this is a trial like the one in Alice in Wonderland—the verdict first and then the trial.” Continued Thompson, “In the next couple of weeks we will reveal startling facts tracing the impetus for this prosecution to the highest levels of military and civilian command.”
Lt. Col. Jeffrey Chessani is charged with “dereliction of duty” and “orders” violations stemming from the terrorist attack in the once insurgent-laden town of Haditha, Iraq on November 19, 2005. At the time, Chessani was battalion commander of the Third Battalion, First Marine Regiment – one of the most decorated battalions in our nation’s history. This battle cost the Marines fourteen casualties – including one Marine killed-in-action. The insurgents, hiding amongst women and children in civilian homes, caused the death of fifteen civilians as the Marines fought back.
Months before the investigation was completed, Congressman Murtha made the rounds on TV news programs claiming there was no firefight in Haditha on November 19, 2005, and that the Marines killed innocent Iraqi civilians in “cold blood” and officers “covered it up.” Murtha publicly stated he received his information from the highest levels of the Marine Command – this statement in itself is enough to cause a dismissal of the charges because of undue command influence.
Congressman Murtha holds significant influence over military appropriations and in the past has boasted he can get the Pentagon to do what he wants. Murtha is the same person caught on tape negotiating bribes with Arab Sheiks during the FBI’s 1980 Abscam investigation – he was an un-indicted coconspirator in that case. Clearly, the Haditha incident provided ammunition for his well known anti-war stance.
Murtha also has ties to Navy Secretary Donald Winters. Winters had over 65 NCIS investigators assigned to investigate Lt. Col. Chessani and the Marines charged in the case. The NCIS Director claimed that to be the highest number of investigators assigned to an investigation in the history of the NCIS.
Hearings on the motions ruled on by Colonel Folsom were held February 20, 2008, and Thursday, February 21, 2008. Law Center attorney Rob Muise and detailed military defense counsel Lt. Colonel John Shelbourne, USMC, presented oral arguments on the five motions at Camp Pendleton, California.
Lt. Col. Chessani, one of America’s most effective combat commanders in Iraq, now faces dismissal (an officer’s equivalent of a dishonorable discharge), loss of retirement, and imprisonment of up to 3 years.
The actual court-martial trial is scheduled to begin April 28, 2008.
Thompson, concluded, “We remain undaunted despite these latest rulings. We will continue to vigorously defend Lt. Col. Chessani against this politically-driven prosecution. At least one more motion hearing is scheduled in April, and we intend to file several more motions that will be argued during that time.”
The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through litigation, education, and related activities. It does not charge for its services. The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.
A scapegoat must be found one way or another. Deals with the Iraqi leadership (at some level) most likely where struck, for at least some of these Marines to get convicted, regardless of what final conclusions where drawn. Don’t know how else to view this witch hunt.
Thanks for this post, Red. I believe Col. Folsom’s ruling has a reasonable chance of being overturned on appeal. The undue command influence by Murtha is real and it’s something I believe the higher ups want to just go away.
Bummer. That would have been an interesting deposition.
The contention here by many FReepers and by defense attorneys for the different Haditha Marines is that by Murtha being ranking member and now Chairman of the Sub Committee on Defense Appropriations he is in a position of influence due to funding the military.
The Thomas More Law Center tells it exactly how it is. I love that.
Murtha himself can't be charged with command influence, but his deposition is key to proving that the trials are just for show.
Is due process being denied here, does that get questioned when Folsom's ruling is appealed?
We need to talk to Rooney to be sure, but I don’t believe this decision will be appealed. I believe they are preparing for a guilty verdict and an appeal of that decision by laying down markers now.
The judge should have allowed the turncoat Murtha to be put on the stand and interviewed by the defence attorneys as he was largly responsible for railroading these innocent men. Powerful men get a walk in this deteriating justice system.
You may be right Red, fill us in if you find out anything.
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