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Barrage of Motions Unleashed in Defense of Marine Lieutenant Colonel Chessani by Richard Thompson
Family Security Matters ^ | 20 February 2008 | Richard Thompson

Posted on 02/20/2008 9:03:55 AM PST by K-oneTexas

Published: February 20, 2008

 

Barrage of Motions Unleashed in Defense of Marine Lieutenant Colonel Chessani – Hearings Begin Today

Richard Thompson

 

Yesterday, the Thomas More Law Center announced that it has filed five motions on behalf of Marine Lt. Col. Jeffrey Chesssani. The criminal charges stem from a house-to-house, room-by-room, battle that four of his Marines engaged in on November 19, 2005 after being ambushed by insurgents in the town of Haditha, Iraq.  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.

 

Hearings on the motions will begin on this morning, February 20, 2008, and should last until Thursday, February 21, 2008.  Law Center attorney Rob Muise and detailed military defense counsel, Lt. Col. John Shelbourne, USMC, will present oral arguments on the five motions at Camp Pendleton, California, to Military Judge Col. Stephen Folsom, USMC.

 

Several witnesses will be called in support of the motions, and dramatic testimony is expected from a key witness, Marine intelligence officer Maj. Jeffrey Dinsmore.

 

The five motions include: a motion to compel the deposition of Congressman John Murtha; a motion to dismiss all of the charges due to their Constitutional vagueness; a motion to dismiss some of the charges because the same allegations have been charged in multiple ways; a motion to compel discovery that the government has kept from the defense because the government deemed it not relevant; and a motion for a new Article 32 Hearing because the last hearing was defective.

 

All of these motions filed by the Law Center are important in shaping the battlefield in the courtroom. Potentially, the case could be thrown out if the Law Center prevails on one or some of these motions.

 

The Law Center has three of its lawyers – all former Marine officers – working on the case: Rob Muise, Brian Rooney and Brandon Bolling.

 

At least one more motion hearing date is scheduled, but most likely there will be two more – one in March and another in April. Of those two dates, it’s expect that an “unlawful command influence” motion will be filed, and a “selective prosecution” motion, as well as several others.

 

Lt. Col. Jeffrey Chessani, USMC, is charged with “dereliction of duty” and “orders” violations stemming from a running battle in the once insurgent-laden town of Haditha, Iraq on November 19, 2005.  This battle cost the life of one Marine and thirteen other Marines were seriously wounded throughout the day. The insurgents, hiding amongst women and children in civilian homes from where they ambushed the Marines, caused the death of 15 civilians as the Marines fought back.

 

As a result of a Time magazine story months later, planted by an insurgent propaganda agent, 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 three years. 

 

The actual court-martial trial is scheduled to begin April 28, 2008.

 

# #


FamilySecurityMatters.org contributing editor Richard Thompson is president and chief counsel of The Thomas More Law Center, a nonprofit organization that defends and promotes freedom of religion through education, litigation and related activities. You may reach the Thomas More Law Center at (734) 827-2001 or visit their website at www.thomasmore.org.

© 2003-2008 FamilySecurityMatters.org All Rights Reserved


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Lt. Col. Jeffrey R. Chessani: Article 32 Summary
Defend Our Marines ^ | June 13, 2007 | David Allender
Posted on 06/13/2007 11:30:23 AM CDT by RedRover

 

1 posted on 02/20/2008 9:03:57 AM PST by K-oneTexas
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To: K-oneTexas

At minimum, this is discouraging recruits.

Who in their right mind would join after seeing this fiasco unraveling?

Boy does American need help.


2 posted on 02/20/2008 9:05:44 AM PST by bicyclerepair (It took a Carter to get a Reagan.)
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To: bicyclerepair

My daughter (a Marine) is involved with recruiting out at MCRD San Diego. She says so far they seem to be doing OK, given the projected increase in the Corps.
That Marine Corps “mystique” seems to be real.


3 posted on 02/20/2008 9:19:33 AM PST by Sigurdrifta
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To: alexsmithers; beaversmom; BellStar; b4its2late; BigTom85; BikerJoe; Brad's Gramma; BradtotheBone; ..

Small update on Col. Chessani motions.


4 posted on 02/20/2008 9:26:58 AM PST by dynachrome (Immigration without assimilation means the death of this nation~Captainpaintball)
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To: Sigurdrifta

Rep Murtha’s accusations fanedthe flames of these charges at the very least.He should be charged with making false accusations. I have never voted for the a$$hole and never will.


5 posted on 02/20/2008 9:32:03 AM PST by 26lemoncharlie
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To: K-oneTexas
IMHO . . . Murtha ought to be 'drawn and quartered' in public. He is a disgrace to his office.

Impeach John Murtha !

6 posted on 02/20/2008 9:38:01 AM PST by ex-Texan (Matthew 7: 1 - 6)
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To: K-oneTexas

Prayers up for the LT Col


7 posted on 02/20/2008 9:40:09 AM PST by AprilfromTexas
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To: dynachrome

Thanks for the ping, DC. Hard to believe this POS *used* to be a Marine. Proof that liberalism is not only a mental disorder, but a cancer which rots the soul of decency and morality.

8 posted on 02/20/2008 2:29:53 PM PST by Tarkus2040 ("Anything is possible if you don't know what you're talking about." --Barry Farber)
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To: Tarkus2040

“a cancer which rots the soul of decency and morality.”

Well beyond a disorder, for sure.


9 posted on 02/20/2008 2:31:42 PM PST by dynachrome (Immigration without assimilation means the death of this nation~Captainpaintball)
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