Marine faces final hurdle in Haditha case

Lt. Col. Jeffrey Chessani

Four years after the so-called "Haditha Massacre," cited by U.S. Rep. John Murtha, D-Pa., to publicly accuse U.S. Marines of being cold-blooded killers, Lt. Col. Jeffrey Chessani faces a board of inquiry tomorrow, hoping to clear his name yet again of alleged wrongdoing.

As WND reported, Chessani was the highest-ranking officer charged in the Haditha incident, when insurgents attacked U.S. Marines in Iraq while using civilians as shields. A series of investigations found nothing wrong until Murtha publicly accused the Marines of murdering Iraqis.

Government prosecutors charging Chessani with criminal wrongdoing lost at every stage. The case was thrown out of military court, and an appellate court affirmed the decision.

But in this final trial, Chessani faces a board of inquiry in a military courtroom at the Marine base at Camp Pendleton, Calif., that doesn't require the same standards of evidence and conviction as a criminal court. If found guilty of misconduct, Chessani could be compelled to retire from service at a lesser rank.

Richard Thompson, president of the Thomas More Law Center, which forms part of Chessani's defense team, has consistently maintained Chessani's innocence.

"I'm outraged at the obvious double standard the government used as it gave Army Maj. Nidal Hasan every benefit of the doubt because of political correctness. Yet, they had no problem persecuting this loyal Marine officer because he refused to throw his men under the bus to appease an anti-war politician and the Iraqi government," Thompson said in a statement. "Any finding of misconduct handed down by the board of inquiry would be a miscarriage of justice because Lt. Col. Chessani did nothing wrong."

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The foundation for the case against Chessani was the fierce house-to-house, room-by-room combat action taken by four of his Marines after being ambushed by insurgents in Haditha, Iraq, on Nov. 19, 2005. In the battle, nine insurgents and 15 civilians were killed.

The dispute was reignited when Time magazine published an article months later charging the Marines with committing a massacre.

A military investigation of the Haditha firefight found "no indication" that the Marines had "intentionally targeted, engaged and killed noncombatants."

The government, however, had accused Chessani, who wasn't present at Haditha, of improperly investigating actions of Marines under his command and covering up details of the firefight.

Eventually eight Marines were charged, but cases against Lance Cpls. Stephen Tatum and Justin Sharratt, Capts. Randy Stone and Lucas McConnell and Sgt. Sanick P. Dela Cruz were dropped. 1st Lt. Andrew Grayson was acquitted, leaving only the Staff Sgt. Frank Wuterich case pending and Lt. Col. Chessani's case unresolved.

San Diego's North County Times reports Wuterich is no longer charged with murder but still faces nine counts of manslaughter, and the Marine's attorneys expect to be back in court early next year.

For Chessani, the board he faces consists of a one-star general and two colonels who were selected by the convening authority, Marine Lt. Gen. George Flynn.

According to the Law Center, because a board of inquiry is an administrative hearing, the normal rules of evidence do not apply. The board can consider material without the benefit of a cross-examination, and Chessani's legal team cannot subpoena witnesses – it can only request them. Further, the Law Center reports, the government need only prove misconduct by a preponderance of the evidence, rather than beyond a reasonable doubt as required in a criminal proceeding.

If the board finds no misconduct, the case will finally be closed. If, however, the board does find misconduct, it will make a recommendation to the secretary of the Navy to determine at what rank Chessani will retire.

One of Chessani's attorneys, Robert Muise, said the Marine officer and father of seven expects to be cleared.

"He remains unflappable," Muise told the Times. "He's been doing terrific since the burden of a criminal prosecution that was hanging over his head was lifted. He anticipates being cleared and moving on with his intention to retire."

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Previous stories:

Target of Haditha claims facing new accusations

Murtha-inspired charges against Marine collapse

Murtha-inspired Haditha case fails again

Government won't give up Haditha prosecution

Michael Savage credited with making Haditha case difference

Court upholds dismissal of Haditha charges

Court hears appeal over Haditha firefight

Murtha-inspired Haditha case on appeal

Murtha-inspired Haditha charges called 'feckless'

Haditha Marine prepares to sue Murtha over smear

Haditha counts against officer dismissed

Haditha judge to rule on motion to dismiss

Jury acquits another Haditha Marine

'Unlawful command influence' taints Murtha case

Haditha 'chain of command' targeted

Jury to 2nd-guess Murtha's Haditha case

Judge gives Murtha pass on Haditha testimony

Another defendant in Haditha case cleared

Rumsfeld 'politicized' Haditha case with 'shadow body'

Murtha granted exemption from explaining

Murtha wrong, video at Haditha hearing shows

Haditha charges against another Marine reduced

Arraignment set for Marine condemned by Murtha

Trial set for Haditha vet targeted by Murtha

Murtha cornered over Haditha charges

Haditha Marine's hearing called 'sham'

Court-martial recommended for Haditha Marine officer

Marine officer under fire gets support on 2 fronts

Marine hopes hearing will remove 'Murtha taint'

Testimony leaves Murtha allegations wilting

Case against Marine blamed on Murtha politics

Arab newssite had false 'Haditha massacre' photo

Mom describes nightmare of Marine's incarceration

 

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Previous commentaries:

'Cut and Run' Murtha goes off half-cocked

Muttering madman Murtha

What Haditha portends