Murtha-inspired Haditha case on appeal

Arguments are set Friday before the Navy-Marine Corps Court of Criminal Appeals in Washington in the case of an officer who was charged with criminal conduct after a political rant about the Iraq war by U.S. Rep. John Murtha, D-Pa.

The case involves the prosecution of Marine Lt. Col. Jeffrey Chessani over the combat action taken by four enlisted Marines in his command after they were ambushed by insurgents in Haditha, Iraq, Nov. 19, 2005.

Lt. Col. Jeffrey Chessani

Chessani was charged with failure to properly report and investigate the actions of his Marines during the attack that left 24 Iraqi men, women and children dead.

Earlier this year, military judge Col. Steven A. Folsom dismissed all the counts on the grounds of unlawful command influence, which he described as "the mortal enemy of military justice."

Defense lawyers said insurgents deliberately attacked the Marines from hiding places where they surrounded themselves with civilians to use as shields. The defense said Chessani promptly reported the events to his superiors and that nobody in the chain of command believed there was any wrongdoing on the part of the Marines.

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Then, however, a Time magazine story alleging a massacre by the Marines, according to defense lawyers, was planted by an insurgent propaganda agent. The story was soon followed by a May 17, 2006, news conference by Murtha, who announced he had been told by the highest levels of the Marine Corps there was no firefight and Marines "killed innocent civilians in cold blood."

"All the information I get, it comes from the commanders, it comes from people who know what they're talking about," Murtha told reporters at the time.

At the military's trial court level, Folsom said the defense had documented unlawful command influence.

"The nature of the military makes its system of justice extremely vulnerable to improper influences and pressures; influences and pressures that are systemic in a military command environment," said the appeal brief filed by the Thomas More Law Center, which is defending Chessani.

"For the last two and a half years, Lt. Col. Chessani has been investigated and prosecuted for his involvement in the so-called 'Haditha massacre' – a massacre the government now knows never happened," said Richard Thompson, president and chief counsel for the Law Center. "This loyal officer who served 20 years defending our nation, including three tours of duty in Iraq, has been made a political scapegoat to appease anti-war Congressman John Murtha and the liberal press."

Thompson warned the results of the case could create problems for the nation's national security.

"If the government succeeds with this prosecution, every combat commander will know that difficult battlefield decisions can end up with a politically motivated criminal prosecution based on insurgent-driven propaganda," he continued.

The defense team noted that the deaths of civilians during the firefight was a tragedy.

But that is not uncommon when "insurgents purposefully use civilians as human shields."

"In fact, sometimes the insurgents themselves kill civilians to achieve a propaganda victory by blaming the Americans," defense lawyers said.

In fact, Murtha didn't even wait for the military's initial investigations to be completed before he "appeared on several major television networks and publicly accused the young enlisted Marines of 'cold blooded' murder and Marine officers of a 'cover-up,'" the defense team said.

Lt. Col. Paul Ware, one of the investigators, said the danger to national security is real. The tactic first is a problem because it could erode public support for the nation's military and its functions.

"Even more dangerous is the potential that a Marine may hesitate at the critical moment when facing the enemy," he said.

If convicted, Chessani faces 30 months in prison and dismissal from the Marine Corps.

Four Marines were charged with murder and another four with not properly investigating the attack. Of the seven other cases filed after the military investigation, cases against Lance Cpls. Stephen Tatum and Justin Sharratt, Capts. Randy Stone and Lucas McConnell and Sgt. Sanick P. Dela Cruz have been dropped. First Lt. Andrew Grayson has been acquitted, leaving only the case of Staff Sgt. Frank Wuterich untested in court and the appeal of Chessani's case pending.

The defense lawyers had raised the issue that Col. John Ewers, who was assigned to develop the prosecution in the case against the Haditha Marines, also was ordered to attend meetings at which military judges discussed and evaluated the case.

Even Ewers expressed concern about the appearance of influence, at one point during his testimony saying, "I just didn't think it was a particularly good idea for me to get involved on giving advice on these cases. ... Just because from the appearance, in a nutshell."

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Previous stories:

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