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.
I agree. After reading the anti-Marine tripe for months, the clarity of this summary absolutely beats the propagandized about the head and shoulders. Compared with the propaganda they've been reading, this summary has to come across as a revelation of biblical proportions when someone first reads it.
It truly is coming down to the wire. And the prosecution appear to have a gun loaded with nothing but blanks.
Don’t mind me, the first date was 2006, the second date was 2007, and hey, it’s 2008.....
I join you in your prayer.
This nightmare must end. Now.
(I want to see Murtha with his tail between his legs running for the exit—right before the tarring and feathering begins. Oh—and I want to see McGirk cry. That would be a bonus.)
Oooh, that's right. Good point, Brit!
I'm hoping the delay was only to give the bad guys more time to prove they have any hope of winning and failed.
“BTT reminder to keep watch today. I hope it’s good news for the good guys, meaning Colonel Chessani and his legal team.”
Whoever hears the news please post it and ping me.
Thanks
Prayers today from all of us,Fatima
In case you hadn’t heard the case was dismissed without, I say again WITHOUT predujice. The government has until 1030 hours pacific time Friday to refile. To refile they do have meet very tough standards of conduct and evidence.
I just got in, my inbox is full of pings, but I’d rather sit here in a corner with you two while I cry these tears of joy : )
cry away.
Thanks. God, this is draining. Really don’t feel like going into the party thread, too many are still languishing in over in Hamdania no man’s land. This just makes me dizzy, though. I feel like all the oxygen’s been sucked out of the room. Probably because I’m forgetting to breathe again : )
Yes, it is very good news.
“The government has until 1030 hours pacific time Friday to refile. To refile they do have meet very tough standards of conduct and evidence.”
I didn’t know that. Thanks for the info.
Semper Fi,
Kelly
Prosecutors have three days to appeal the ruling. If they don't, the judge, Col. Steven Folsom, ordered that a new investigation be conducted. If the charges are refiled, he said, they must be approved by a senior Marine officer who has had no association with the case.
I never understand the press' willingness to seek Duke's counsel for comment in these cases. God Almighty.
Scott Silliman, a Duke University law professor and director of the Center on Law, Ethics and National Security, said he believes the Marine Corps will seek new charges against Chessani.
http://www.nctimes.com/articles/2008/06/17/military/zeca5018258ba2e208825746b005ae619.txt
Words reported by FOXNews from the Judge:
The judge gave the prosecution 72 hours to file a notice of intent to appeal. The prosecutors did not make themselves available for comment.
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