SAN DIEGO — Prosecutors are appealing the dismissal of charges against a Marine officer 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 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 improperly influenced an investigator probing the Nov. 19, 2005, shootings by a Marine squad in Hadithah, 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 grounds for appeal. A telephone call to the Marine Corps seeking comment was not immediately returned.
Folsom dismissed the charges without prejudice, meaning prosecutors can refile. Folsom also barred Marine Forces Central Command from future involvement in the case. Joint Forces Command and the 1st Marine Expeditionary Force were also excluded from filing future charges.
It was not immediately clear who would take over the case and who would have authority to refile charges.
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.
