Marine not out of woods

Charge dismissal to be appealed

By Chelsea J. Carter, Associated Press

Friday, June 20, 2008

Prosecutors are appealing the dismissal of charges against a Marine officer from Colorado accused of failing to investigate the killings of 24 Iraqis.

Prosecutors seeking the reinstatement of charges against Lt. Col. Jeffrey Chessani of Rangely filed a notice of intent to appeal with the military court on Wednesday, according to court documents made public Thursday.

A military judge dismissed the charges against Chessani this week after finding that the four-star general overseeing the case was improperly influenced by an investigator probing the Nov. 19, 2005, shootings by a Marine squad in Haditha, Iraq.

Prosecutors have 20 days to file a written appeal, spelling out why they disagree with the ruling by the judge, Col. Steven Folsom.

Defense attorneys then have 20 days to respond, said Chessani's military attorney, Lt. Col. Jon Shelburne.

It is unclear from the one-page court filing what the prosecutor, Lt. Col. Sean Sullivan, will use as his grounds for appeal. A telephone call to the Marine Corps seeking comment was not immediately returned.

Authorities originally charged eight Marines - four enlisted men with counts related to the killings and four officers in connection with the investigation. Charges were dropped against five men and a sixth, 1st Lt. Andrew Grayson of Springboro, Ohio, was acquitted of charges he hindered the investigation.

Only one man currently faces prosecution - Staff Sgt. Frank Wuterich of Meriden, Conn., who is charged with voluntary manslaughter. He has pleaded not guilty.

The killings occurred after a Marine was killed by a roadside bomb. Wuterich 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.

Chessani, 44, was the battalion commander at the time. He has always maintained he did his job as required.