Posted on 06/17/2008 9:50:16 AM PDT by jazusamo
CAMP PENDLETON ---- A military judge has dismissed charges against a Marine officer accused of failing to investigate the killings of 24 Iraqis.
Col. Steven Folsom dismissed charges Tuesday against Lt. Col. Jeffrey Chessani after defense attorneys raised concerns that a four-star general overseeing the prosecution was improperly influenced by an investigator probing the November 2005 shootings by a Marine squad in Haditha.
The charges were dismissed without prejudice, meaning they can be refiled, but Folsom excluded Marine Forces Central Command from future involvement.
Chessani was the highest-ranking officer implicated in the case.
Call me stubborn, but I think this is an excuse not to seek the REAL reason the charges were tainted.
"The appearance of unlawful command influence is as devastating as actual manipulation of a trial."
Sort of like saying; These Marines over reacted and "they killed innocent civilians in cold blood" looooooong before the investigation was complete?
A dismissal, he said, was necessary to maintain public confidence in the military justice system.
Time will tell if anything was maintained. I'll let you know in about 72 hours.
Prosecutors were given three days to appeal. If they choose not to but want to continue the prosecution, Folsom said, a new investigation must be conducted.
Approval of any new charges must come from a senior Marine officer who has had no association with the case, Folsom said.
If they do not appeal, but want to continue the prosecution? I'm confused.
Where they gonna find a senior Marine officer that has had no association with the case?
"General Mattis said under oath that he did not speak to the officer about the case and was not influenced by him. He stands by his statement under oath."
And 8 honorable Marines said under oath that they did nothing untoward and followed the RoE. They continue to stand by their statements. So what's your point JFC?
Eight Marines were charged with wrongdoing in the case, which generated outcries on Capitol Hill and around the world when it came to light.
This sentence makes it sound like the Marines were charged and THEN the outcries began...or am I reading it wrong?
particularly when he learned that women and children were among...
It is a known FACT that women and children are used as shields and suicide bombers. Why does their getting in the crossfire matter more than say a 16 y/o yute of male persuasion?
A request to drop the charges against Wuterich on the basis of unlawful command influence is coming, Puckett said.
Good! Thank you Mr. Puckett.
Scott Silliman, a Duke University law professor...
Does anyone know anything about this guy?
Excellent good news! Onward and upward. Tonk would be so pleased to see this news. You folks do great work here. Thanks!
Having spoken with convoy members in Iraq, there are times and places where you simply don't stop. If the insurgents can stop the convoy, they can successfully kill it.
Safety demands that they continue to roll.
Understandable, however, note the date and remember what was going on at that time. The real story was just beginning to be pieced together here on FR. Who knows how long it took Maliki to learn the whole story.
Note that he also said this would "play a role in future decisions on how long to ask American Forces to remain in Iraq"
Two years later and we are still there at his invitation. No worries! ;*)
Heh. Now where in God's name are they going to find a senior Marine officer who will sign off on reopening this pathetic disgrace of a prosecution? The more I think about it, the more I think it's over.
On the other hand....
Maybe a new investigation SHOULD be done so that a new judge can clear Chessani based on the facts of the case rather than on the tainted appearance of UCI.
We’re proud to do it, amom! Though I must say jazusamo was a one-man band today so deserves all the credit for this thread.
They won't tell the story of Cpl. Justin Sharrat who walked into a small room that was hiding 4 armed terrorists and only he walked out alive.
I believe Maliki has since gotten an eye-opening experience by directing military operations of his own.
They cannot throw out the Watt & Bargewell reports, both of which said there was no attempt to delay or deceive on the part of 3/1. As the inquiries closest to the events and the facts, these should control.
I think Ewers is present in some capacity in the Bargewell report, isn’t he? Perhaps that would negate the usefulness of that report.
Also, in an entirely new case, I’d refile the entire UCI accusation based on the claims that Folsum didn’t choose to pursue.....high level involvement from the beginning.
In fact, one could almost see the refiling of this case as PROOF of higher level meddling in this case. Also, Marine Centcom cannot be the command that files. Obviously, no lower constituent command of Marine Centcom could file.
One would think that the logical command to refile would have to be US Centcom. That is now headed by Gen Petraeus, isn’t it? If I were him, I’d want no part of this political flim-flam job.....he’s got a war to fight and win. Why be distracted by something that didn’t happen on your watch?
The Marine Corps could refile, SecNav could, or DOD could. All of those are implicated in the shadow group pushed by Rumsfeld.
If I were Thomas More, if any of these refile, I’d immediately call for the deposition of the shadow group to determine UCI.....others meddling in the case.
I’m a third stringer, amom, Red does the heavy lifting. :-)
OH...you said it out loud...I sent a frpmail demanding what has gotten into boats!
Bump that!
You are way too humble.
I love it when you talk like that, Justa. Fire in the belly, Onward! ;-)
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