Marine Fatally Shot While on Leave

CLEVELAND, Ohio — On leave from the violence he had survived in the war in Iraq, a young Marine was so wary of crime on the streets of his own home town that he carried only $8 to avoid becoming a robbery target.

Despite his caution, Lance Cpl. Robert Crutchfield, 21, was shot point-blank in the neck during a robbery at a bus stop. Feeding and breathing tubes kept him alive 4 1/2 months, until he died of an infection on May 18.

Shot in the neck by two pieces of dog #^&% who deserve to have their faces kicked in repeatedly. Here’s the worst part of the whole thing:

“They took it, turned his pockets inside out, took what he had and told him since he was a Marine and didn’t have any money he didn’t deserve to live. They put the gun to his neck and shot him,” Holt told The Associated Press.

Such a terrible story. Godspeed, Marine. May Ohio put a needle in the arms of the dogs that killed you.

Government Looks to Change Manslaughter Charges to Murder in Fallujah Marine Case

What do you do when you can’t get Marines to testify against each other, can’t get them to take a deal, and generally have no case? Why, up the ante, of course.

A federal grand jury is considering amending charges against a former Riverside police officer from manslaughter to murder for killings while he was a sergeant in Iraq, a defense attorney said.

Jose Luis Nazario Jr. is charged with voluntary manslaughter in U.S. District Court in Riverside — because he is no longer in the military. But prosecutors are now asking a grand jury in Riverside to change the charges to murder, said Kevin McDermott, one of the attorneys representing Nazario.

Assistant U.S. Attorney Jerry Behnke said he could not comment on whether the grand jury is reviewing the case or why the prosecution would ask for charges to be amended. Grand jury proceedings are closed to defense attorneys and the public.

Of course he’s not going to comment on why they would be amending the charges to read murder instead of manslaughter. What would he say? I can see the press conference now.

“Well, folks, this whole process isn’t going the same as the others. There’s an order to this whole thing. See, first we charge them all, even though we have no evidence. Then we confine them in ungodly conditions…what’s that? Oh god, no. Not like detainees. Those guys at Gitmo are living fat and happy. We’re trying to break these Marines, not coddle them. Stop asking stupid questions.

“Anyway, usually after about 18 hours of interrogations with no food, water, or bathroom breaks, a few months of shackles and solitary confinement, they’ll sign anything we ask. Yes, we’ve done it before, we know it works. But these Marines, they’re being a bit uncooperative. Nelson refused to testify even though we put him in jail over Memorial Day weekend, we had to pull him out of jail because the milblogs made a bunch of ruckus about the whole thing. Nazario’s refusing to plead guilty…it’s just ridiculous. Don’t these guys know they’re supposed to play along? Well, we’re just going to remind Nazario of what’s at stake here. He’s got a family. We’ve got Mattis on board, he’ll testify against the Marines. But anyway, the short answer to your question of why we decided to bump it up is obvious–we have to bring in the big guns. We have nothing unless we can either get them to plead guilty, or get someone to roll.”

General Mattis to Testify Against Chessani in Undue Command Influence Hearing

ANN ARBOR, MI – Military prosecutors are expected to call as their witness General James N. Mattis, a highly respected Marine officer and one of only a handful of four-star Marine generals, to testify in the court-martial hearing against LtCol Jeffrey Chessani on June 2, 2008, at Camp Pendleton, California.

Gen Mattis, recently given his fourth star, was the previous convening authority for the Haditha cases and the officer responsible for referring LtCol Chessani’s case to a general court-martial. Prosecutors are relying on him to rebut previous findings of the Military Judge that there is evidence of unlawful command influence.

So let me get this straight. When the defense asks for Mattis’ sworn deposition, they’re denied. Yet the prosecution can call him as a witness with no problems at all? And what will Mattis say? Well, of course he’ll say there was no undue command influence, and the judge will nod and say, “Oh, okay. Wow. Good thing you came on the stand and set that straight. Thanks, guys. Let’s all go get a brewski now.”

Am I the only one who thinks this fish smells worse than a two-dollar hooker? As it turns out, I’m not.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, the national public interest law firm defending LtCol Chessani, commented, “This case is dripping with double standards and political intrigue as the Pentagon attempts to appease Washington’s political establishment and press…”

[I must point out here that those of us fighting for these and other Marines like SGT Lawrence Hutchins have repeatedly tried to get Thomas More Law Center involved, but were rebuffed. Now suddenly it appears they've seen the light, sort of like the Apostle Paul on the road to Damascus. We're just happy they caught up.]

And here’s a little factoid you may not have known about:

“…Gen Mattis was investigated for ordering a ground and air assault of an Iraqi ‘wedding party’ in 2004 that resulted in the deaths of 40 men, women, and children. At a press conference shortly after the incident, he defended his actions by retorting, ‘I don’t have to apologize for the conduct of my Marines.’ What is puzzling is that even though Mattis rightfully was never charged with any criminal wrongdoing in that case, he did not give LtCol Chessani the same consideration.”

Did you catch that? “I don’t have to apologize for the conduct of my Marines.” Brilliantly said, and yet here we are, with Mattis at the forefront of a witch hunt against the very men he claims to love and respect so deeply, in almost the same type of situation. Then again, when it comes to the Marine Corps leadership, it’s not about fairness, justice, or even honor–as we’ve seen time and time again in case after case.

What makes me so curious is how Mattis will explain away roughly 25 closed-session meetings where one of the investigators was allowed to attend and discuss the case with the officers controlling the disposition of the case. That’s like a homicide investigator meeting with the judges in a civilian case. In other words, not right.

Chessani’s attorneys will be able to cross-examine the general on the stand, but if past track record is any indication of how that will go, the prosecutor will object, the judge will sustain, and Mattis will not be exposed for the dishonorable man that he is. We shall see if the judge has the personal integrity and fortitude to make his decision based on facts instead

[Note: I am well aware, dear readers, that my freedom to call Mattis dishonorable was given to me in part by Mattis himself. However, it was also paid for by Jeffrey Chessani and Larry Hutchins, so you'll forgive me if my loyalty lies with them instead of the one who ruined their careers and traded their freedoms for his fourth star.]

As disgusting as these cases continue to be, and as much of a cesspool as the military “justice” system has become, each mistake, each over-the-top action that they take is one more arrow in our quiver. It is one more piece of proof of innocence for all of these Marines, one more way we can show how badly these cases are conducted. That means one step closer to freedom for SGT Larry Hutchins.

So hang in there, Larry. If the NCIS, the JAG, and the Marine Corps leadership show their backsides any more, we’ll have caught them with their pants down completely–which is exactly what I, and others like me, intend to do.

Major Setback for Prosecutors in Chessani Trial; Judge Finds Evidence of Unlawful Command Influence

This is a HUGE, HUGE victory in the Haditha case…and possibly a huge victory for SGT Larry Hutchins as well, as the door is finally open to show undue command influence in the Pendleton 8 case. Today is a great day for Chessani, his attorneys, and for all of us whose mission is to end these charades of “justice.” The case is far from over, but it’s one giant leap toward righting this incredible wrong. My prayers are with the attorneys, Lt Col Chessani, and SGT Hutchins as we keep fighting for the end of this madness.

ANN ARBOR, MI – Prosecutors yesterday hit a major speed bump in their rush to convict Marine LtCol Jeffrey Chessani when the Military Judge ruled that he found evidence of unlawful command influence. Courts consider unlawful command influence the “mortal enemy of military justice.”

Although the case is far from over, yesterday’s ruling now forces prosecutors to prove beyond a reasonable doubt that: (1) the facts upon which the unlawful command influence is based are untrue; (2) those facts do not constitute unlawful command influence; or (3) the unlawful command influence will not affect the proceedings.

The Unlawful Command Influence motion (click here for Motion) was brought before Military Judge, Colonel Steven Folsom, by the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan. Law Center attorneys Robert Muise and Brian Rooney, both former Marines, wrote and argued the Unlawful Command Influence motion on which yesterday’s decision is based.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented, “Considering the politically charged nature of this case – and particularly this motion – Colonel Folsom made a courageous decision.”

Thompson went on to say, “The taint of unlawful command influence started from the inception of the investigation, when high-ranking Pentagon officials decided to make LtCol Chessani a political scapegoat to appease a liberal anti-war press and politicians. This ill-conceived prosecution has resulted in the removal of one of America’s most effective combat commanders in Iraq by the Marine Corps’ own standards. Although nothing can undo the harm caused to our Nation and to LtCol Chessani and his family, this ruling gives us hope that the military justice system will rise above the politics that fomented this prosecution and allow LtCol Chessani, who devoted more than 20 years to the Marine Corps and to the defense of our Nation, to get on with his life.”

Colonel Folsom found that the defense met its burden of presenting “some evidence” of actual and apparent unlawful command influence. His decision was based upon the evidence that the Generals who controlled the disposition of the case were apparently or actually impermissibly influenced by Marine lawyer Colonel John Ewers, who was permitted to attend numerous, closed-session meetings in which LtCol Chessani’s case was discussed.

Colonel Ewers was one of the investigators of the Haditha incident from the beginning. He is a witness that the prosecutors plan to call in its case against LtCol Chessani. Consequently, he should not have been involved in any of the meetings in which the disposition of the Haditha cases was discussed with the Generals who convened the court martial. During the hearing, the defense called Col Ewers as a witness. Col Ewers admitted that he was present during at least 25 meetings in which LtCol Chessani’s case and the other Haditha cases were discussed with the Generals and other legal advisors.

The criminal charges against LtCol Chessani stem from a house-to-house, room-by-room battle four of his enlisted Marines engaged in on November 19, 2005, after being ambushed by insurgents in the town of Haditha, Iraq. Even though LtCol Chessani promptly reported the events of that day to his superiors, including the deaths of 15 noncombatant civilians caught in the battle, nobody in LtCol Chessani’s chain of command believed there was any wrongdoing on behalf of the Marines.

However, months later, a Time magazine story planted by an insurgent propaganda agent, caused Pentagon officials to order the largest investigation in the history of the Naval Criminal Investigative Services (NCIS). As a result, LtCol Chessani, one of America’s most effective combat commanders in Iraq, now faces dismissal (an officer’s equivalent of a dishonorable discharge), loss of retirement, and imprisonment of up to 3 years.

Thus far, after 30 months of investigation costing millions of dollars, the cases against three of the four enlisted men charged for their part in the Haditha incident have been dismissed.

The Law Center, along with two detailed Marine lawyers, LtCol Jon Shelburne and Captain Jeffrey King, is defending LtCol Chessani, the highest ranking military officer charged in the November 19, 2005, Haditha incident.