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CALIFORNIA BRIEFING / CAMP PENDLETON

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Marine Corps lawyers have asked a court to reinstate war crimes charges against an officer here in connection with the 2005 deaths of 24 civilians in Haditha, Iraq.

The lawyers asked Thursday that the case of Lt. Col. Jeffrey Chessani be considered by the full nine-member U.S. Navy-Marine Corps Court of Criminal Appeals.

On March 17, a three-member panel of the court upheld a court-martial judge’s decision to toss out charges against Chessani on grounds that an appearance of “unlawful command influence” had tainted the case.

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The panel agreed with the judge that it was improper for a Marine lawyer who had investigated the Haditha case to sit in on meetings at which the case was discussed with the general who later levied charges against Chessani and seven other Marines.

In its appeal, the Marine Corps argues that there is no evidence the lawyer influenced the general’s decision or even that he spoke at the meetings.

Chessani was accused of failing to order a war crimes investigation after the killings. Of eight Marines initially charged, one has been acquitted and six, including Chessani, have had charges dropped. Only Staff Sgt. Frank Wuterich, the squad leader, still faces charges.

-- Tony Perry

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