Military judge dismisses charges in Haditha killings
CAMP PENDLETON, Calif. (AP) - June 17, 2008 Col. Steven Folsom dismissed charges against Lt. Col. Jeffrey
Chessani after finding that a four-star general overseeing the case
was improperly influenced by an investigator probing the November
2005 shootings by a Marine squad in Haditha.
"Unlawful command influence is the mortal enemy of military
justice," said Folsom, reading aloud from previous case law.
Then, turning to the courtroom, he said: "In order to restore
the public confidence, we need to take it back. We need to turn the
clock back."
Chessani, of Rangely, Colo., was the highest-ranking officer to
face a combat-related court-martial since the Vietnam War.
The charges were dismissed without prejudice, meaning they can
be refiled, but Folsom barred Marine Forces Central Command from
future involvement in the case.
The judge gave the prosecution 72 hours to file a notice of
intent to appeal. The prosecutors did not make themselves available
for comment.
Chessani's civilian attorney, Brian Rooney, said later that the
case was far from over.
"It's almost as if you're looking into the abyss," he said.
"We don't know what is going to happen."
Chessani has served in the military for more than 20 years and
has filed paperwork to retire. He is being held in the Marine Corps
pending the outcome of the case.
Of eight Marines originally charged in the case, only one is
still facing prosecution in the biggest U.S. criminal prosecution
involving Iraqi deaths to come out of the war.
The incident occurred after one Marine was killed and two others
were wounded by a roadside bomb.
Staff Sgt. Frank Wuterich, who faces voluntary manslaughter
charges, and a squad member shot five men by a car at the scene.
Investigators say Wuterich then ordered his men to clear several
houses with grenades and gunfire, leaving women and children among
the dead.
Wuterich has pleaded not guilty.
Folsom's ruling comes two weeks after Gen. James Mattis took the
stand - a rare courtroom appearance for such a high-ranking officer
- to address the judge's initial finding that there was evidence of
unlawful command influence in the case.
Col. John Ewers, the military lawyer who investigated the
killings and took Chessani's statement, later became a top legal
adviser to Mattis and sat in on briefings that helped Mattis decide
who would be charged.
Mattis testified he never talked with Ewers about Haditha,
although Ewers was present during a number of legal meetings where
Haditha and Chessani were discussed.
Military policy prohibits Ewers from offering legal advice
because he also was an investigator in the case.
Mattis approved the filing of charges against Chessani when he
was both commander of the Marine Corps Forces Central Command and
the commander of the 1st Marine Expeditionary Force at Camp
Pendleton. He has since been promoted and serves as commander of
NATO's Supreme Allied Commander Transformation and of U.S. Joint
Forces.
Four enlisted Marines were originally charged with counts
related to the killings and four officers were charged in
connection with the investigation, including Chessani.