ANN ARBOR, MI – The Thomas More Law Center announced today that it has filed a “Petition for Extraordinary Relief” with the United States Navy-Marine Corps Court of Criminal Appeals in Washington, D.C. The petition asks the military appellate court to reverse the judge’s order denying the defense counsel’s request for the production of evidence essential to the defense of LtCol Jeffrey R. Chessani, USMC, whose court-martial is presently scheduled for June 17.
Richard Thompson, President and Chief Counsel for the Law Center, commented, “By denying Lt. Colonel Chessani access to crucial evidence in the sole possession of the government, the government is depriving him of his fundamental constitutional rights, including the right to a fair trial and a meaningful ability to cross examine witnesses the government intends to use against him.”
Chessani is facing a court martial based on allegations that he did not accurately report or thoroughly investigate combat action between his Marines and insurgents that resulted in the deaths of 15 Iraqis. The incident, which occurred in Haditha, Iraq on November 19, 2005, has been the subject of much pretrial publicity and political maneuvering at both the national and international levels.
In December 2007, LtCol Chessani’s defense counsel requested that government prosecutors turn over evidence that was critical to the preparation of his defense, including the computer hard drives used by the officers in LtCol Chessani’s direct chain of command during the period of time alleged in the criminal charges. The defense attorneys believe that these hard drives contain essential evidence that would exonerate LtCol Chessani by showing that his immediate superiors had all of the relevant information regarding the Haditha incident.
In January 2008, the government refused to produce the evidence, claiming that it was not “material or relevant” to the case. LtCol Chessani’s defense counsel filed two motions with the military judge, requesting that he order the prosecutors to produce the evidence. The military judge denied the requests on April 15, forcing LtCol Chessani’s attorneys to seek immediate review by the appellate court.
LtCol Chessani is being represented by Robert Muise and Brian Rooney from the Law Center and LtCol Jon Shelbourne, USMC and Capt Jeff King, USMC, detailed military counsel.
In the petition, Muise argued, “Allowing the government to deny LtCol Chessani equal access to evidence that is material to the preparation of his defense gives the government an unfair advantage in a military justice system that is already weighted against the accused—it essentially allows the government to shape the facts of the case—and, consequently, its outcome—in its favor.” Muise commented, “We had no choice but to appeal the military judge’s ruling.”
Thompson continued, “The relief we are seeking in the military appellate court is truly extraordinary. Appellate courts typically do not intervene at this stage of the proceedings over matters dealing with the production of evidence. However, the denial of this evidence will essentially deprive LtCol Chessani of his fundamental right to a fair trial, and we feel strongly about that.”
Along with the petition, the Law Center is asking the military appellate court to stay the trial until the issue is resolved and to abate the proceedings until the evidence is produced.
The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life 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 www.thomasmore.org.
