ANN ARBOR, MI – The ordered reopening of Lt. Colonel Jeffrey Chessani’s Article 32 Hearing scheduled to begin this Wednesday, without making any of the requested defense witnesses available, has been called “a sham” by the Thomas More Law Center. The order for a new hearing limited the hearing to only three days, beginning on Wednesday, August 8, 2007, and ending no later than Friday August 10, 2007. The impending clash is connected to the refusal of Government prosecutors to present any evidence or make any of the 13 military witnesses requested by the Law Center available. Under military law, defense attorneys have no authority to compel the attendance of witnesses at this stage of the proceedings.
At the end of Lt. Colonel Jeffrey Chessani’s original Article 32 Hearing, the Investigating Officer agreed to add additional charges at the prosecutors’ request, characterizing the additions as merely “refinements” to the old charges. However, as a result of detailed written objections by Thomas More Law Center attorneys to the Investigating Officer’s recommendations for a general court-martial (that included the additional charges), and a follow-up meeting with the convening authority, Lt. General Mattis, the Article 32 Hearing was ordered reopened to receive evidence concerning the new charges.
Recently, prosecutors have informed the Law Center defense attorneys that the government will not provide any military witnesses or new evidence for the re-opened Article 32 Hearing.
Richard Thompson, President and Chief Counsel of the Thomas More Law Center, and a 24 year former county prosecutor pointed out, “The government’s refusal to make any of our requested witnesses available makes the new hearing nothing but a sham.”
Brian Rooney, a former Marine lawyer and current Director of Communications at the Law Center commented, “It was clear to any objective observer of the original Article 32 Hearing that the charges against Lt. Colonel Chessani would not hold up at court-martial. These so-called ‘refinements’ are in my opinion a desperate attempt to find some way to hold our client criminally liable for doing his duty.”
The Law Center has asked the Investigating Officer to rule on their requested witnesses’ availability. If the Investigating Officer does not rule in the Law Center’s favor, the Law Center will ask Lt. General Mattis to intervene again. Thompson added, “This is but another indication that the government’s mission in this case is not to seek justice but to turn a nineteen year combat veteran—who has honorably served his country—into a political scapegoat. Lt. Colonel Chessani and America deserve better.”
The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through education, litigation, 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.