Posted on 06/16/2008 9:09:46 AM PDT by kellynla
ANN ARBOR, MI – Military Judge Colonel Steven Folsom, USMC, will issue his ruling on the crucial Unlawful Command Influence motion brought by LtCol Jeffrey Chessani’s defense counsel in a Camp Pendleton, California, courtroom on Tuesday, June 17, 2008, at 9:00am PST.
Col Folsom had originally scheduled hearings in Chessani’s case to last for three days, June 16–18. However, in an announcement that might prove to be significant to the Chessani case, Col Folson indicated late last week that he will announce his decision on the defense motion to dismiss on June 17 in a hearing that should last approximately one hour.
In May 2008, Col Folsom ruled that he found evidence of unlawful command influence (UCI). Courts consider UCI the mortal enemy of military justice. The judge’s finding was based upon the evidence that Generals Mattis and Helland, who controlled the disposition of LtCol Chessani’s case, were impermissibly influenced by Marine lawyer Col John Ewers, one of the initial investigators of the Haditha. Col Ewers was permitted to attend at least and up to 25 closed-session meetings in which LtCol Chessani’s case was discussed.
As a result of that ruling, the burden shifted to prosecutors to prove beyond a reasonable doubt that (1) the facts alleged by the defense are untrue; (2) the facts alleged do not constitute unlawful command influence; or (3) the unlawful command influence will not affect the proceedings. In short, court decisions on unlawful command influence require the military judge to avoid even the “appearance of this evil” in his courtroom.
To meet their burden, prosecutors presented the testimony of General Mattis and Col Ewers. Conspicuously absent was the testimony of General Helland.
Col Folsom asked what remedies to the UCI problem both sides recommended. Robert Muise, one of the TMLC defense attorneys, asked the military judge to dismiss the case with prejudice (meaning the case could not be recharged against LtCol Chessani). The prosecution asked for a less severe remedy.
The crucial Unlawful Command Influence motion (click here for Motion), which was the focus of this week’s hearing, was filed by the Thomas More Law Center.
Law Center attorneys Robert Muise and Brian Rooney, both former Marines, wrote and argued the Unlawful Command Influence motion on which yesterday’s decision is based. The two TMLC attorneys, along with two detailed Marine lawyers, LtCol Jon Shelburne and Captain Jeffrey King, are defending LtCol Chessani.
The criminal charges against LtCol Chessani stem from a house-to-house, room-by-room battle four of his enlisted Marines engaged in on November 19, 2005 after being ambushed by insurgents in the town of Haditha, Iraq. Even though LtCol Chessani immediately reported the events of that day to his superiors, including the death of 15 noncombatant civilians caught in the crossfire, nobody in LtCol Chessani’s chain of command believed there was any wrongdoing on behalf of the Marines.
However, months later, a Time magazine story instigated by an insurgent propaganda agent, caused Pentagon officials to order the largest investigation in the history of the Naval Criminal Investigative Services (NCIS). As a result, LtCol Chessani, now faces dismissal (an officer’s equivalent of a dishonorable discharge), loss of retirement, and imprisonment of up to 3 years.
On June 4, 2008, First Lieutenant Andrew Grayson, USMC, was acquitted by a jury of his peers of all charges related to the Haditha incident. He made comments about LtCol Jeffrey Chessani, who is now one of only two remaining defendants in the Haditha cases, saying he was “one of the most steadfast men… He led by example and he knew the difference between right and wrong.” LtCol Chessani is being defended by the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan.
ping
Prayers up for LtCol Chessani!!
Praying all charges are dropped against Lt. Col. Chessani due to UCI.
Fingers crossed that the right decision is made and charges dropped. END this nightmare for these young men.
It’s gonna be a long day. My fingers, toes, and eyes are crossed.
Ain’t it the truth, wish he’d have scheduled for today.
This well-written article lists the crucial part:
Even though LtCol Chessani immediately reported the events of that day to his superiors, including the death of 15 noncombatant civilians caught in the crossfire, nobody in LtCol Chessani’s chain of command believed there was any wrongdoing on behalf of the Marines.However, months later, a Time magazine story instigated by an insurgent propaganda agent, caused Pentagon officials to order the largest investigation in the history of the Naval Criminal Investigative Services (NCIS). As a result, LtCol Chessani, now faces dismissal (an officer’s equivalent of a dishonorable discharge), loss of retirement, and imprisonment of up to 3 years.
The other part I'd add is that Chessani was cleared in initial inquiries UNTIL he became a pawn in the anti-war political game of military money congressman, John Murtha.
Ping
Ditto, jaz. Does anybody know what these three days of hearings were supposed to deal with? Was this to be a continuation of the undue command influence motion hearing, or other pre-trial motions?
Very good point, Chaplin. Most everyone seems to forget or ignore the fact that the Bargewell report found there was no coverup, and that included Lt. Col. Chessani.
It’s my understanting the UCI hearing was to continue and I suppose more motions could have been filed but Col. Folsom decided on it without further hearings.
prayers continue
mrs
Not just the Bargewell report; the Watt report made a similar finding, and was far more accepting of the battlefield conditions than Bargewell’s, IMO.
Thanks, brit, I completely forgot the Watt report.
Praying Lt. Col Chessani’s name is cleared.
Joining you in prayer. Amen.
I love the Thomas More summary of the Haditha Fraud. Concise, accurate, to the point.
Ditto.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.