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“Grunt Civilian” Gives Account of LtCol. Chessani's many Character Witnesses

December 10, 2009

Email post (#2) by H. Hamilton – A report written by a concerned CA citizen attending the Board of Inquiry for LtCol Jeffrey Chessani. 

IF the Board of Inquiry doesn't find Lt Col. Chessani INNOCENT of all charges, accusations, and wrong doing, it won't be the fault of Thomas More Law Center!  Lead by Col. Shelburne and Robert Muse, this is one of the BEST, nothing gets by, DEFENSE TEAMS this court observer has ever witnessed. 
 
A finding other than "DROP THESE RIDICULOUS CHARGES BECAUSE CHESSANI IS ACTUALLY SUPERMAN!" would be because the Board is deaf, dumb, and blind!  (or the fix is in...)
 
As I entered the court room, late, a phone caller was giving information on how he would figure out Chessani's retirement based on his 22 years, 3 months service with regards to the Board's decision of IF he had to retire, and IF as a LtColonel or a Major.  (Considering Chessani was a fast tracked officer who would have been at least a full Colonel by now, punishment has already been instituted and THAT is a travesty!  Anything lower is double indemnity if you ask me...)
 
Today may have been the easiest day for the Defense... One after another, a parade of long term Marine co-officers and friends, even his pastor, as character witnesses, barraged the Board and prosecution with a long list of detailed compliments to the great Lt. Colonel...
 
Colonel Paul Greg Allen (ret.), a formidable man with a 30 year 8 mos. career, said Chessani was a "Natural leader on one of the most demanding tours (both Battles of Fallujah) and I was excited to get him there..."  Chessani is, "Proactive... Quality exceptionally high... Never an over reaction as a commander..."  When asked if there was a noticable difference when Chessani was relieved of duty -- "There was never a grievance, his work product was no different..."  (And something like) lesser men sacrifice their integrity -- Not Lt. Col Chessani!  (I couldn't write fast enough!) "Highest moral integrity -- Absolute integrity!" Allen had seen "many opportunities to stumble and fall and he (Chessani) has never done that."  "Command confidence under extreme conditions -- no stripping Marines of their dignity when chastised -- Top 1% or 2% of ALL Marines I've served with -- ONE OF A HANDFUL OF OFFICERS I'D TRUST IN COMBAT WITH MY ONLY SON, MY WIFE'S LIFE, AND MY OWN..." (Yeah, WOW!!!)
 
Pastor Ernest Ferdinand (Marcus?) Merritt, an exceptional man with an exceptionally more than pleasant disposition, who had coincidently served in the USMC...  Admittedly, I was spellbound...  I took no notes -- I was also watching the Board Members to see IF they had any reaction, any signs of humanity, with all of the BEAUTIFUL things said so vividly about the Chessani Family, the devotion, the close friendship of their wives and kids, Mrs. Chessani's Sunday School teaching, the Congregation always giving the most votes to Jeffrey Chessani for the top committees which Jeffrey turned down 3 years ago so as not to blemish the Congregation -- at the Congregation's insistence, he has since accepted the 2 posts...  A Man For All Seasons...
 
Sgt. Maj. William Shaw -- BAM! (They had to slow him down at one point for the court stenographer's sake!  Mine too!!)  20 years active duty and a ton of duty including amphibious assault...  GREAT ENERGY!  Spoke to Chessani's always being out amongst the men, never micro-managing, "Very Patient like a father... ALWAYS open and willing to talk about concerns..."  LtCol. Chessani was one of the top 2 commanders out of all 20 he'd ever worked with... "Great character, Moral compass, Warrior, Trainer..."  When asked if he'd ever want to serve under the LtCol. again?  "I WOULD SEEK IT OUT!"
 
Lt. Col. Carla Maureen(?) Jessup, now Provost Marshall in K. Bay, HI...  A WOMAN OF GREAT SUBSTANCE!  Anti-terrorist, Battalion Commander, Perris Island, a whole bunch of stuff!!  She's known the LtCol. and his family for almost 25 years BECAUSE THE CHESSANI'S ALWAYS HAD THE NON-MARRIEDS OVER TO THEIR HOUSE FOR MEALS AND FOR CERTAIN, CHRISTMAS!!  "Most honest leader of Marines... Genuinely cares for the people around him...  HE ALWAYS DOES THE RIGHT THING 'CAUSE IT'S THE RIGHT THING TO DO..."  Has never known him to or would never expect him to ignore ANY kind of problem..."  "He cares for everybody the same... MY FAITH HAS BECOME STRONGER BECAUSE OF HIM...  I BELIEVE JEFF HAS VALIANTLY SERVED THE CORPS AND HIS MARINES." 
 
Colonel B. Byrne: (After A 40 minute break, I entered late...  Then it was hard to keep up, I'm no pro...)  Byrne was in charge of fitness reports of Majors, (GUESS WHO WAS AND STILL HOLDS THE #1 PLACE of ALL Majors reviewed?!  Yup, Chessani!) RE 1st and 2nd Fallujah fights -- "Exceptional!"  He described a number of circumstances in a very large battlespace that included Fallujah, Abu Ghraib, Zadon, etc. where information had to be communicated to his Bravo Command, 4 Marines killed in complex attack ambush...  (not unlike Haditha...) The Battle for Fallujah occurred within 10 days of Chessani's arrival, no question he knew what to do, had experienced a child being killed in a house and he knew to report up the command, Regimental Command would make the decision to investigate, if not, you move forward...  As to Military Character, "Jeff is an exceptional officer."  As to Personal Character, "Jeff has a personal sense of honor that motivates him."  (It is important to note that Chessani is accussed of never having "investigated" the civilian deaths in Haditha...  RIDICULOUS!)  After Byrne had explicitly said that Reg Command makes the decision to investigate after the reports are "pushed up and pushed down," General Craparata asked the absurd -- "But don't you think that it is your duty to investigate every civilian death?"  Answer: NO! NOT IF IT IS A BONAFIDE COMBAT ACTION and you CAN'T investigate IF YOU'RE IN THE FIGHT! (AS IN HADITHA!!) Then Byrne added something very poignant, "And if one of YOUR Marines is thought to be culpable, YOU MAY NOT INVESTIGATE IT YOURSELF! (obvious reasons -- but that's exactly what the Board wanted!)
 
Since there was a long break before General Toolan's testimony and my children needed me, I had to drop the ball.................    We'll find out tomorrow -- AND TOMORROW IS (ARE?) CLOSING ARGUMENTS!!
 
IF ANYONE IS WONDERING IF THEIR DONATION TO THOMAS MORE LAW CENTER ON BEHALF OF LT.COL.CHESSANI WAS WORTH IT -- IT'S THE BEST MONEY YOU EVER SPENT!!!!!!!!!!!!!!!!!!!

This email was written and submitted by a private citizen not affiliated with the Thomas More Law Center.

Direct from the Pendleton Battlefront, A Self Described “Grunt Civilian” gives First Hand Account of Chessani Board Of Inquiry (BOI)...

December 09, 2009

Email post by H. Hamilton – The report from a concerned CA citizen attending the Board of Inquiry for LtCol Jeffrey Chessani.

 Today (12-08-09) started with LtCol Kevin Gonzalez who was GREAT AND 3-4 HOURS!

o The Humvee that tipped over (oh goodness!  My son-in-law as a 1st Lt.
o ran a Humvee into a small canal on his first time out in the thing which was great fun for his entire platoon making fun of his "education!!! ...He's now a Company Commander...)
o A HAZING that took place (Oh NO not a hazing!! In the military?!!  I thought that was just for college kids and Boy Scouts!)
o The Sky news episode that maybe Don or Clo knows about -- something with a sniper? (They probably killed a nice insurgent...)
o A (better sit down...) HIGH STAKES poker game...  Yup, the amount:  TWO tril... mmmil... no, thousand dollars... that's $2,000.00 -- TOTALLY OUT OF CONTROL...

 When LTG Natonski was done and heading for the door we all had to stand...As he approached the door, he looked neither left nor right...  I was at the door so out of respect for the man who had spoken of THE RIGHT THINGS TO DO, I opened it for him AND his minion followed, neither one saying THANK YOU.....  So I put my head out the door and loudly whispered, "YOU'RE WELCOME!" at his back -- @?#*~!

  12/09 witnesses:  8:00am

1. Major General Richard P. Mills (by phone from Afghanistan) Commander, 1st Marine Division.
  2. Major Dinsmoor
  3. Major McConnell
  4. Hyatt

  12/10 Thursday

  1. Allen
  2. Jessop
  3. Shaw (?)
  4. Merritt
  5. Drake
  6. Toolan

LtCol Chessani’s Board of Inquiry Begins ─ Battle-Hardened Marine Veterans View Proceedings With Dismay

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 defends and promotes America’s Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission 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

Link to Board of Inquiry Order
http://www.thomasmore.org/downloads/sb_thomasmore/ChessaniBOIAugust2009.pdf