Posted on 06/18/2008 7:22:37 PM PDT by RedRover
CAMP PENDELTON ---- The Marine Corps is appealing a judge's ruling dismissing dereliction of duty charges against a battalion commander accused of failing to investigate the 2005 shooting deaths of 24 Iraqi civilians.
On Tuesday, Col. Steven Folsom, presiding as the military judge over the case against Lt. Col. Jeffrey Chessani, ordered the charges dismissed after finding that a general was improperly influenced by a legal adviser who also is a witness in the case.
The watershed ruling found that the legal adviser, Col. John Ewers, should not have sat in on meetings and discussions with two generals who have overseen the case. That degree of participation by Ewers, who also investigated the killings in the city of Haditha, Iraq, irreparably tainted the decision to charge and prosecute Chessani, Folsum ruled.
The notice of appeal delays the case indefinitely. The appeal document was signed by the lead prosecutor in the case, Lt. Col. Sean Sullivan, and sent to Chessani's attorneys late Wednesday.
Prosecutors had until Friday morning to decide if they would appeal. If they hadn't and also decided against seeking a review of the accusations against Chessani, this time by a Marine officer with no ties to the case, the ruling would have left only Staff Sgt. Frank Wuterich still facing charges.
One of those attorneys, Brian Rooney, said the appeal wasn't entirely surprising.
"In our opinion, the ruling is appeal-proof," Rooney said Wednesday during a telephone interview. "He spent a lot time saying why he ruled the way he did, citing numerous instances of case law to back up his opinion."
The appeal goes to the Navy and Marine Court of Criminal Appeals. Prosecutors have 20 days to write their arguments and provide them to the defense, which has 20 days from receipt of that document to respond.
Folsom's rationale, Rooney said, included a finding that prosecutors failed to meet the required proof beyond a reasonable doubt that command influence didn't harm Chessani.
"The court can only overturn the ruling if it's clearly erroneous, and the evidence is clear that it isn't," he said.
The appeals court is not under any time constraint to issue its finding. Whichever way it does rule can be further challenged before the Court of Appeals for the Armed Forces.
"We feel very good about our chances," Rooney said. "The unfortunate thing is that Col. Chessani has to continue to sit behind a desk for an indefinite amount of time while it's decided. I would have hoped someone would have looked at Judge Folsom's ruling and said, 'Enough is enough, let this Marine retire.'"
Gary Solis, a former Marine attorney who teaches military law at Washington's Georgetown University, said he was surprised by Folsom's ruling but understood the perception problem presented by Ewers' participation in the closed-door meetings.
"Military justice cannot afford even the perception that the government has its fingers on the scales of justice," Solis said in a written response to questions.
Chessani, 44, commanded Camp Pendleton's 3rd Battalion, 1st Marine Regiment at Haditha. The two dozen Iraqi noncombatants were shot by a squad from the regiment's Kilo Company as it searched houses for those responsible for a roadside bombing and subsequent small arms fire the morning of Nov. 19, 2005.
Eight Marines, four enlisted men and four officers, were charged with wrongdoing. One officer has since been acquitted at trial while charges have been dismissed or withdrawn for five other accused troops.
I agree. There are a few Repubs that have stood their ground against Fat Jack but it’ll take more. I believe most of them are afraid of losing their pork from his threats and childish antics.
Murtha was involved in the ABSCAM influence-buying scandal back in the late 1970's. He narrowly escaped prosecution but one of the federal prosecutors called him an "un-indicted co-conspirator". He's been a crooked sleaze ever since he's been in Congress...
Exactly correct. He should have gone down hard for ABSCAM. That FBI sting tape is a real beauty and shows how much of a sleeze he is.
Well, of course they are. They are in this up to their eyeballs, they can’t give up now. Losers.
I hope the judge smacks ‘em down even harder this time.
Thanks for the ping!
Why would they say "alleged" there? Is there anyone now doubting that the Marines shot the Iraqi noncombatants?!? Have the Marines changed their story about this?
LOL! Excellent, fred!
I’m still hoping they nail Sullivan for turning Mendoza into his driver in Chicago. Of course, since “they” are the same Powers That Be pushing this fiasco, I doubt they’ll try very hard.
Yeah, as he said in the floor of Congress, “That’s the way I do things.”
This makes me sick, but I’m not surprised. They should just allowe Lt Col Chessani to retire and get this over with. He’s devoted decades of his life to this country and has risked his blood and treasure on us. His thanks is some slimeball prosecutor who thinks he needs to protect his reputation and his next efficiency report.
Helland does NOT have to go along with Sullivan’s decision to appeal.
Helland needs to think long and hard about what the Watt and Bargewell reports means to the chance for a successful prosecution of LtCol Chessani. It will not happen....Chessani will not be convicted and sent away for years. Nor should be be.
They must prove that Chessani knowingly and willfully refused to follow up on the deaths of civilians after a firefight. They have to prove that Chessani was wrong in his evaluation of the causes, combatants, and aftermath of Haditha.
And they have to do it in the face of two previous reports by respected, uninvolved officers, both of which concluded that Lt Col Chessani did nothing wrong.
If there isn’t reasonable doubt there, then I don’t have the foggiest idea what reasonable doubt is.
Do not let the civilian leadership off the hook. Rumsfeld is the one who established "Rumsfeld's shadow committee" and Winters is the senior Navy clown to whom all of these folks report. That suit has never served a day in his life. Question, why did Bush appoint Service secretaries who had no prior experience in their services. Answer - it's all about the military procurement pork.
If it is it won’t be for long....
Bingo, such as the sorry secertary of the Air Force who just got his tail canned by Gates and the currently still serving Secertary of the Navy Winters (a former Northrop suit).
Idiocy. From both legal and PR perspectives, this is a lose - lose situation for the Marines.
Maj Erickson always struck me as a decent guy, performing his role as prosecutor “without passion or prejudice”, as they say.
I have a feeling Sullivan is back on the Wuterich case. Pursuing this ludicrous suit against CBS is Sullivan’s style.
That’s exactly why I wonder how high up the chain Sullivan had to go to get approval. Or whether a half-bird prosecutor would be given a free hand to make the decision himself.
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