ANN ARBOR, MI – On
Wednesday, December 2nd, in a military courtroom at Camp Pendleton,
California, the government began its case against an American
warrior. They know this is their last chance to disgrace and destroy
the 22 - year career of Marine LtCol Jeffrey Chessani, and it’s
evident they are pulling out all the stops.
Many of the spectators
in the small courtroom were battle-hardened Marine veterans of World
War II, Korea, and Vietnam. Some were veterans of the Korean Chosin
Reservoir battle, considered the most violent small unit fighting in
the history of American warfare. All the veterans looked on in
disbelief as government lawyers ridiculed a loyal combat officer. The
consensus among these battle-hardened veterans ─ they never would have
won their battles had their officers been subjected to the same kind
of treatment as LtCol Chessani.
LtCol Chessani had served 3 tours of duty in Iraq and was considered
one of America’s most effective combat commanders. Chessani, a deeply
religious man who read his Bible every morning and evening while in
Iraq, stoically listened to the government lawyer’s demeaning remarks,
while his wife, pregnant with their seventh child, sat behind him
reading her Bible.
Richard Thompson, President of the Thomas More Law Center commented:
“What has happened to LtCol Chessani is a good argument to get rid of
lawyers in the combat arms. Combat troops don’t need pencil pushers
second guessing commanders and troops in the field, long after an
event, in their air-condition offices. The fact that this hearing is
even taking place does a grave injustice, not only to Chessani and his
family, but to America. LtCol Chessani should be leading his troops,
not defending himself in a courtroom.”
LtCol Paul Atterbury, the government prosecutor (called “Recorders” at
a Board of Inquiry) presented the opening statement for the
government, claiming there was no firefight. He claimed that the
Marines faced a phantom menace, and LtCol Chessani did not properly
investigate and report the overreaction of his Marines.
LtCol Jon Shelburne, one of Chessani’s defense lawyers, countered that
Marines were ambushed in this daylong battle and were engaged in a
protracted pitched fight against well-armed insurgents. LtCol
Shelburne further stated that LtCol Chessani reported all he knew of
the battle, as he knew it, up the chain of command.
The differences between the Board of Inquiry and the previous court
martial quickly became evident. Col Kurt Brubaker, USMC, the legal
advisor to the Board of Inquiry, is tasked with ruling on all
objections. Even though photographs of dead Iraqis would not have
been allowed into evidence at the previous criminal trial because they
were unduly prejudicial and had little relevance, particularly since
LtCol Chessani never saw them, the legal advisor will allow the
government to show them to the hearing panel because the rules of
evidence to not apply.
Moreover, defense attempts to disqualify Brig. Gen. Lewis Craparotta,
the President and senior member of the Board, who during pre-hearing
questioning expressed a personal view that investigating every
civilian death is the right approach because “that’s the way to
protect Marines, ” also failed. Defense attorney LtCol Shelburne had
challenged the fact that he was sitting on the Board of Inquiry with a
pre-existing opinion of what to do in a similar situation as LtCol
Chessani. The Board’s legal advisor rehabilitated Craparotta by
personally questioning him to show he could set aside his opinion, and
then ruled he could stay on the panel.
The legal advisor, however, did prevent the introduction of the former
Article 32 hearing report on the grounds that its conclusions went to
the ultimate issue that the board members were required to decide
independently.
A Board of Inquiry is an administrative board where the rules of
evidence do not apply. Evidence that would likely be thrown out in a
criminal proceeding may be considered by the Board. The government’s
burden of proof is lessened. Rather than having to prove its case
beyond a reasonable doubt, the government only has to prove
“misconduct” by a preponderance of evidence.
If the Board finds “misconduct, ” then they will further determine
whether LtCol Chessani should be forced to retire or not. If the
Board determines LtCol Chessani should retire, then the Board must
then make a recommendation to the Secretary of the Navy as to whether
he should retire as a Lieutenant Colonel, or as a Major—a decision
that could cost this Marine and his family over four hundred thousand
dollars in pay and benefits according to an expert retained by the
defense.
The Thomas More Law Center, a national public interest law firm based
in Ann Arbor, Michigan, has been defending LtCol Chessani at no
charge. The Law Center’s attorneys, Robert Muise and Brian Rooney,
both former Marine officers, have teamed up with the detailed military
attorneys, LtCol Jon Shelburne, USMC, and Capt Jeffrey King, USMC.
The dismissed criminal charges against LtCol Chessani were triggered
by a heart-pounding house-to-house, room-by-room combat action taken
by four Marines in his battalion after being ambushed by insurgents in
Haditha, Iraq on November 19, 2005. Along with several insurgents, 15
civilians also died in this day long fight. The civilian casualties
were tragic, but not uncommon in Iraq where insurgents would use them
as shields.
The “misconduct” allegations against LtCol Chessani are based on the
following: failing to properly report and investigate the November 19,
2005 incident. However, the indisputable evidence shows that LtCol
Chessani immediately reported the deaths of the 15 civilian Iraqis to
his superiors.
Not one of his Marine superiors hearing of the civilian deaths ─
including top generals ─ considered it unusual. Not one ordered a
further investigation. Instead, they commended him for a job well
done. In fact, LtCol Chessani’s immediate superior told him that no
investigation was needed because it was a bona fide combat
action—which was consistent with the orders in effect at the time: no
investigation of civilian deaths related to combat action. That order
was changed in April, 2006, well after the Haditha incident.
LtCol Chessani’s commanding general, Major General Huck, reported up
the chain of command, “I support our account and do not see the
necessity for further investigation.” This same commanding General
was allowed to retire without going to a Board of Inquiry, and he was
allowed to retire as a Major General.
Consequently, not one of LtCol Chessani’s superiors faced, nor will
they ever face, a court-martial or a Board of Inquiry for their
actions in relation to November 19, 2005.
Of the eight Marines initially charged in the incident, six Marines,
including Chessani, had criminal charges dismissed and one was
acquitted. Only one Marine still faces criminal charges.
Live testimony at the Board of Inquiry will begin on December 7,
2009.
The Thomas More Law Center fights in the
courts to preserve America’s Christian heritage and moral values. It
defends and promotes the religious freedom of Christians, time-honored
family values, and the sanctity of human life through litigation,
education, and related activities. It does not charge for its
services. The Law Center is supported by contributions from
individuals, corporations and foundations, and is recognized by the
IRS as a section 501(c)3 organization. You may reach the Thomas More
Law Center at (734) 827-2001 or visit our website at
www.thomasmore.org.