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| Government Still after Lt Col Chessani: Case Continues |
| 2009-04-17 |
| H/T weaselzippers Yesterday evening, government prosecutors filed a motion with the Navy-Marine Corps Court of Criminal Appeals (NMCCA), asking that the unanimous ruling of a 3-judge panel in favor of LtCol Jeffery Chessani, USMC, be reconsidered by all 9 judges of the court. A majority of these 9 judges would have to agree to take the case. On March 17, 2009, the 3-judge panel of NMCCA unanimously vindicated the ruling by Colonel Steven A. Folsom, USMC, dismissing all charges against LtCol Chessani on the grounds of Unlawful Command Influence. LtCol Chessani is the senior-most officer criminally charged as a result of the much-publicized and ill-described "Haditha massacre." The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, represents LtCol Chessani alongside his detailed military attorneys LtCol Jon Shelburne, USMC; Capt Jeffrey King, USMC; and Capt Kyle Kilian, USMC. Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented, "The way our government has treated this true American hero is outrageous. After spending over 20 years in loyal service to his nation and considered one of the best combat officers in Iraq, the government is giving Jeffrey Chessani less legal consideration than it is giving the terrorists held at Guantanamo." In dismissing the charges against LtCol Chessani, Col Folsom described Unlawful Command Influence as the "the mortal enemy of military justice." But despite the solid legal basis for the ruling, the government appealed the decision to NMCCA. NMCCA heard oral arguments on the governments appeal on October 17, 2008. In seeking a reconsideration by the entire panel of NMCCA, government prosecutors now argue that the 3-judge panel misunderstood the difference between an officers rank and his billet (job). Essentially, the government argues that a full colonel in the Marine Corps could not unlawfully influence a Lieutenant Colonel if they held similar billet (job) positions. The Law Center has a week to file a response to the governments motion for reconsideration. If the NMCCA does grant the governments motion, the government then has 60 days to appeal to the Court of Appeals for the Armed Forces (CAAF) and then even to the U.S. Supreme Court. |
| Posted by:Sherry |