In a hearing on 17JUN08, a military judge, Col Stephen Folsom, USMC, dismissed all charges against LtCol Jeffrey Chessani. Col Folsom ruled that the decision to charge LtCol Chessani was a product of unlawful command influence (UCI). Col Folsom ruled,
the participation of Col. John Ewers as an investigator and report writer in the Haditha killings and his later appointment as Mattis’ top legal aide constituted unlawful command influence.
Col John Ewers, USMC, is the staff judge advocate (SJA) for the convening authority, General Mattis, the commanding general who made the decision to charge LtCol Chessani. Col Ewers also participated in the investigation into the actions of the Marines at Haditha. There was a second investigation into the incident at Haditha. This investigation was headed by Major General Bargewell, USA, with legal assistance provided by Col Ewers.
Col Ewers then resumed his duties as the SJA for General Mattis after participating in the investigation. Both Gen Mattis and Col Ewers previously testified that Col Ewers was present during numerous meetings regarding Haditha.
This attendance, according to Col Folsom, tainted the charges against LtCol Chessani beyond repair. Col Folsom dismissed the charges without prejudice.
Because the charges were dismissed without prejudice the government is free to bring charges against LtCol Chessani again. The government must, however, complete a new Article 32 investigation and have a new general determine if charges should be brought.
yojoe out
Filed under: Army, Crime, GWOT, Haditha, Iraq, Law, LtCol Jeffrey Chessani, Marine Corps, Military, Military Law, UCMJ
