Posted on 07/11/2007 5:45:53 PM PDT by RedRover
The leader of a battalion involved in the killings of 24 Iraqis in Haditha should face a court-martial for dereliction of duty, the investigating officer recommended in a report obtained Wednesday by The Associated Press.
Lt. Col. Jeffrey Chessani, 43, is the highest-ranking of seven Marines charged in the biggest U.S. criminal case involving civilian deaths to come out of the Iraq war. The officer recommended Chessani be tried on all charges that he faced dereliction of duty and violating a lawful order for failing to investigate the deaths of the men, women and children.
"Lt. Col. Chessani failed to do his duty," investigating officer Col. Christopher Conlin wrote in his report. "He failed to thoroughly and accurately report and investigate a combat engagement that clearly needed scrutiny."
Chessani would be the most senior U.S. serviceman since the Vietnam War to face a court-martial for actions or decisions made in combat, said Gary Solis, a former Marine Corps prosecutor and judge who teaches law of war at Georgetown University Law Center.
A final decision on whether to court-martial Chessani rests with Lt. Gen. James Mattis, the commanding general overseeing the case.
Conlin blasted Chessani for failing to go to the scene of the killings immediately after they had occurred, even though he knew 24 "neutrals" were dead.
"To not have made every attempt to be on scene as this action developed, or to not have at least reviewed this action in detail ... is in itself negligent," Conlin wrote. "The fact that one fireteam was solely responsible for 24 deaths in all direct fire actions should have solicited more than passing interest from the senior leadership of the battalion."
The report was provided to the AP by a defense lawyer who asked to remain anonymous because other attorneys in the case had not seen it.
Chessani's defense attorney Brian Rooney did not respond to several messages seeking comment. He has previously said his client was innocent.
Chessani, of Rangely, Colo., said at his preliminary hearing that he never ordered a formal investigation because he believed the deaths resulted from lawful combat. Several witnesses testified at the hearing that Iraqis complained to Chessani soon after the killings and that he promised to look into what had happened.
Conlin's recommendation to court-martial Chessani is the first favorable opinion for prosecutors in the Haditha case. The hearing officer who reviewed evidence against one of three enlisted Marines charged with murder has recommended Mattis dismiss all charges.
Lt. Col. Paul Ware found prosecutors lacked sufficient evidence for a court-martial against Lance Cpl. Justin L. Sharratt, who was accused of fatally shooting three of the Iraqi civilians. Ware criticized the government for relying on contradictory accounts from Iraqi witnesses and said forensic evidence did not support their claims.
Furthermore, he said, the case could have dangerous consequences on the battlefield, where soldiers may end up hesitating during critical moments when facing an enemy.
"The government version is unsupported by independent evidence," Ware wrote in an 18-page report released Tuesday by Sharratt's attorneys. "To believe the government version of facts is to disregard clear and convincing evidence to the contrary."
Prosecutors allege Sharratt and other members of his battalion engaged in a revenge-motivated assault on Iraqi civilians after a roadside bomb killed a fellow Marine. Sharratt contends the Iraqi men he confronted were insurgents and at least one was holding an AK-47 rifle when he fired at them.
"Whether this was a brave act of combat against the enemy or tragedy of misperception born out of conducting combat with an enemy that hides among innocents, Lance Corporal Sharratt's actions were in accord with the rules of engagement and use of force," Ware wrote.
He said further prosecution of Sharratt could set a "dangerous precedent that ... may encourage others to bear false witness against Marines as a tactic to erode public support of the Marine Corps and its mission in Iraq."
He added, "Even more dangerous is the potential that a Marine may hesitate at the critical moment when facing the enemy."
In the only other preliminary hearing in the Haditha case, an investigating officer recommended dereliction of duty charges against Marine lawyer Capt. Randy W. Stone be dealt with administratively.
Besides Sharratt, two other enlisted men are charged with murder. Four officers are accused of failing to investigate the deaths.
Still, this wasn't an unexpected recommendation. The officers could go to court martial even if the enlisted men are exonerated. For more info, see the Article 32 summary.
Now it's up to Gen. Mattis.
I could see where failure to adequately investigate a situation would be a problem. One wonders if the chain of command would’ve investigated properly to begin with (presuming that they didn’t) if the grunts would’ve gone thru this hell?
By the time it’s over, some of these Marines are going to own Time magazine and Rep. Murtha aren’t they.
Let's see what Lt. Gen. James Mattis is made of.
“The officer,” “the officer,” “the officer.”
Somebody leaked this report anonymously to AP. What are the chances that this “officer” is a decent guy, someone in the chain of command, or more likely another clintonista military lawyer coming out of the woodwork?
This whole business has been a disgrace. Leaking to the press at this juncture is just disgusting, IMHO. It doesn’t say much for this guy’s fairness or judgment, IMHO.
Praying for justice... and sanity...
un-friggin-believeable...
Absolute BS what each of these Marines are going through - Each man walks at the end of this long, ugly and needlessly driven MSM dream....
is this #3??
Officer Advises Against Trial for Marine (Lance Cpl. Justin L. Sharratt)
http://www.freerepublic.com/focus/f-news/1864162/posts
same for Capt. Randy W. Stone:
http://www.freerepublic.com/focus/f-news/1847650/posts
Criminal charges were recommended to be dropped against Capt. Randy Stone. Charges were recommended to be dropped against LCpl. Justin Sharratt (as you know).
The fourth Article 32 will be for LCpl. Stephen Tatum, tentatively scheduled for July 16-21.
Such conclusions are totally absurd at this point. General Mattis had better carefully use his wisdom in the days to come.
I just pray that my lifelong friend and Major in the Corps will be eyeballing this. Hell of a good guy in a bar fight. Outstanding in a chess game.
There's not a doubt in my mind that this "officer" is just another ACLU scumbag with JAG or NCIS. The Clintonista cancer is all over this case, all over the military, and all over the prosecution of the war. And that's only because Bush is too weak to do anything about it.
Regards,
LH
Maj Carrasco testified that, when he told the lieutenant colonel there should be an investigation, the commander angrily replied, "My men are not murderers." I could almost see the IO's eyebrows going up over that.
Be a hell of a thing if Lt Col Chessani was right but he's court martialed anyway.
Meanwhile, the Corps has lost a superb battalion commander in a time of war.
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