TMLC: A Victory for Marine LtCol Chessani

Thomas More Law Center ^ | March 17, 2009 | (no annotation)

[Dubya]

MILITARY: Judge denies Marines access to CBS tapes

[jazusamo]

I sure hope he hates it, for a long time.

It would be appropriate if he served his time in the Camp Schwab brig on Okinawa. :-)

[smoothsailing]

Yep, the government lost that case too.

[Girlene]

CONGRATULATIONS, LT COL CHESSANI!!!!1

NOW GO OUT AND

[smoothsailing]

LOL! Maybe they’d let him keep a pet pig!

[athelass]

This is brilliant news, and about damn time, too. Would it be safe to conclude that the resignation of SecNav Winter precludes any further appeals in the case? Though God knows who Obambi (disrespectful haji loving squid) will choose to replace him, like how he put a civilian bureaucrat in charge of the CIA. He’ll choose someone who will support his hideous idea of making wounded warriors pay for their own care. Prayers up for the Chessani and Wuterich families.

[Girlene]

The latest from North County Times, MILITARY: Court upholds dismissal of Haditha prosecution

"In a key ruling, a military appeals court has upheld the dismissal of dereliction of duty charges filed by the Marine Corps against the highest-ranking officer accused of wrongdoing in connection with the 2005 shooting deaths of two dozen civilians in Haditha, Iraq.

The unanimous decision by the United States Navy-Marine Corps Court of Criminal Appeals in Washington upholds a finding that unlawful command influence improperly tainted the government's case against Lt. Col. Jeffrey Chessani.

On its face, the ruling would seem to apply to all eight of the Camp Pendleton Marines charged with wrongdoing at Haditha, even though six of those men had already been exonerated.

Last June, the military judge presiding over Chessani's prosecution at Camp Pendleton, Col. Steven Folsom, dismissed two counts of dereliction of duty against Chessani for his alleged failure to order a full-scale investigation into the Haditha killings that occurred Nov. 19, 2005.

Folsom ruled a senior legal adviser to then-Lt. Gen. James Mattis, who was overseeing the Haditha prosecutions, should not have had any role in shaping the case.

The adviser, Col. John Ewers, had been one of the military's initial investigators into the killings and was a potential prosecution witness. Folsom ruled Ewers' mere presence at meetings between Mattis and prosecutors created an unacceptable perception of unlawful command influence in the general's decisions.

"Praise God and amen," was the 43-year-old Chessani's reaction Tuesday when informed of the ruling by one his attorneys, Brian Rooney at the Thomas More Law Center in Ann Arbor, Mich.

"He was very happy and appreciative," said Rooney, whose firm provides free representation to Christians. Lt. Col. Dave Griesmer, a Marine Corps spokesman, said the ruling that can be appealed to the Court of Appeals for the Armed Forces in Washington was being reviewed "to determine our responsibilities as the ... disposition authority."

The three Marine officers who comprise the Navy-Marine Corps Court of Appeals ruled prosecutors failed to show Ewers' participation in the case did not taint it and therefore the dismissal of charges by Folsom was proper.

"It is the duty of the military judge to act as the last sentinel and protect the court-martial from the pernicious effects of unlawful command influence," the appeals court concluded.

Rooney said he hopes that the Marine Corps decides against any appeal or move to reopen the case. "We have always said that we have had the luxury of defending a truly innocent man and remain confident the facts are on our side," Rooney said. "I wouldn't be surprised if they do appeal, but I do believe it would be a waste of military resources and taxpayer dollars. The Marine Corps needs to move on and Lt. Col. Chessani needs to move on."

Besides appealing the ruling, the Marine Corps has the option of asking that an entirely new investigation be opened into Chessani's role in the Haditha incident. If it takes that course, it would have to find a convening authority outside of Camp Pendleton who would then decide whether reopening the case is justified.

Four Camp Pendleton officers and four enlisted men were charged with crimes at Haditha. All but Chessani and Staff Sgt. Frank Wuterich, who led his squad in the assault that led to the civilian deaths following a roadside bombing, have since been exonerated.

Wuterich's attorneys have said they plan to seek a dismissal of the nine counts of manslaughter and related charges against their client on the same unlawful command influence found in the Chessani prosecution."

[Marine_Uncle]

"OUTSTANDING!! A unanimous decision and very much deserved."
Amen to that.

[jazusamo]

Thanks for posting this, Girl.

It’s not over yet but it’s good to see things going in favor on the Haditha Marines and am very glad to see Franks attorneys are going to pursue the UCI also.

[StarCMC]

YES!!!!

Take THAT Fat Jack!

[HANG THE EXPENSE]

To say the least

[Girlene]

I read most of the appeal courts finding. Col. Ewers really blew the prosecutor's case. In the findings, the court wrote this as a footnote:

........."In his ruling, the military judge noted that Col. Ewers' demeanor while testifying revealed him to exasperated, frustrated, and mumbling under his breath prior to responding to questions posing a different version of the facts than his own. The military judge's observations regarding Col. Ewers' demeanor on the stand are not to be taken lightly. We recognize that we owe less deference to the military judge when, as here, an objective standard is applicable. Cf United States v. Terry........However, with respect to witness demeanor and credibility, we remain mindful that the military judge saw and heard the witness.".........

[Girlene]

LOL, StarCMC. That is PERFECT!

[jazusamo]

Hah! That’s beautiful, doesn’t sound like that can be swept under a rug being it’s in the ruling.

IIRC Col. Ewers was pretty arrogant and him sitting in all those meetings held by Gen. Mattis with Ewers’ subordinates seems to have done the deed.

Am going to read the transcript and thanks again, Girl.

[jazusamo]

Big Bump to your post, Star. :-)

[Eagles6]

Great news! Not over yet but still great news. I put nothing past the abomination/obamination.

[SandRat]

Thought you should know.

[freema]

PING

[Marine_Uncle]

Great news indeed. It is high time the Marine Corps. put this to rest.

[RobbyS]

The brass are always inclined to do what is necessary to save their asses. Above the rank of 05. merit is a rare thing.