AP/ July 16, 2009, 10:53 AM

Marine Cleared In Haditha Massacre

A military judge dismissed charges Tuesday against a Marine officer accused of failing to investigate the killings of 24 Iraqis.

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," Folsom 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.

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 a Marine was killed 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.

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 both NATO's Supreme Allied Commander Transformation and commander 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.


© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
43 Comments Add a Comment
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sansis21 says:
Those of you who feel you have the right to speak badly of this man and Marine need to think twice. He has spent his adult life fighting for and protecting our rights as Americans. The very rights you use to slaughter his good name. Those of you who feel it is your place to judge others need to take a good long look at yourself and see if you could even survive in his world. Pull your heads out and see that w/o men like him we would not have our America. Do you like your freedom?????
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dobbershome says:
Kill em'' all with extreme prejudice!! and if you can throw in squeezyr that would be great
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squeezyr-2009 says:
Kill em'''' all!

Posted by dobbershome at 12:32 AM : Jun 18, 2008

You first dipperdink
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squeezyr-2009 says:
Todays military sucks. Thousands of good, decent men and women serve honorably. They are sent to some egomaniacs war to be murdered.
These soldiers must follow the rules or be shot themselves by the officers, if some low-life ignoramus Colonel tells them to go kill innocent people, then they better do it. Aided by a some of the soldiers that get let out of prison to fight and murder more. Blood flow is so enjoyable, hey what?? George loves it.
Military trying military?? Military trying terrorists? Sort of like snakes protecting their own. Fair trials? That reminds me I have to poop a McBush ***!!
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dobbershome says:
Kill em'' all!
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patriot12436 says:
Our mistake was allowing bush to invade, although i do not recall him asking the American public before he did it. I think the bottom line is if Iraqi people wanted Sadaam out of power they should have took him out. It was an internal matter they should have decided.
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patriot12436 says:
ubrew12
I was referring to marines in soldiers as a whole. This incident, we were not there to know the circumstances of what happened so cannot know who or what was wrong. Yiour calling it murder without knowing the facts is ludicrous.
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ubrew12 says:
patriot12436 said: "our marines and soldiers are not terrorists. "
That is just hopelessly naive. Millions of soldiers have served honorably, without feeling the need to kill unarmed men, women, and children in revenge of a collegues death. It is THEIR fortitude and right action that is being dishonored by these rulings. And unAmerican nazi''s like airmanc5 are the carrion birds encouraged by such unjustified slaughter. They attach themselves and their evil bloodlust to our military every time an innocent is killed unjustly by our military.

War is hell and confusion. That''s not what happened here. This was murder.
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dreamdesigns says:
I love it, no one is guilty of murder....the american way BAHahahahahahahahahahaha
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runningralph says:
Take that-liberal slime!
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