Court-martial of Marine sought in civilian deaths

SAN DIEGO -- 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 yesterday by the Associated Press.

Lieutenant Colonel Jeffrey Chessani, 43, was charged in December with dereliction of duty and violation of a lawful order for not reporting and investigating the deaths of the men, women, and children in the biggest US criminal case involving civilian deaths from the Iraq war.

The investigating officer, Colonel Christopher Conlin, wrote that Chessani should face all charges.

Chessani "failed to thoroughly and accurately report and investigate a combat engagement that clearly needed scrutiny," Conlin wrote.

The report was provided by a defense lawyer who asked to remain anonymous because other lawyers in the case had not seen it.

Chessani's defense lawyer, Brian Rooney, did not immediately respond to a phone message.

The decision followed a setback for the government in its case against another defendant. A hearing officer found prosecutors lacked sufficient evidence for a court-martial against Lance Corporal Justin L. Sharratt, who was accused of fatally shooting Iraqi civilians.

Lieutenant Colonel Paul Ware said murder charges brought against Sharratt for the deaths of three Iraqi brothers in November 2005 were based on unreliable witness accounts, insupportable forensic evidence, and questionable legal theories.

Furthermore, he said, the case could have dangerous consequences on the battlefield, where service members 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 lawyers. "To believe the government version of facts is to disregard clear and convincing evidence to the contrary."

Prosecutors contend that 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 a 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."

The recommendations by the investigating officers for both Chessani and Sharratt are nonbinding. Final decisions about whether they should stand trial will be made by Lieutenant General James Mattis, the commanding general overseeing the cases.

Chessani has said he never ordered a formal investigation because he believed the deaths resulted from lawful combat.

Besides Sharratt, two other enlisted men are charged with murder.

Four officers are accused of failing to investigate the deaths.