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ANN ARBOR, MI – Last night, Military Judge Colonel Steven Folsom, USMC, informed counsel that the hearing in the Chessani case, originally scheduled for three days, June 16–18, has been changed to only one hour on Tuesday June 17, 2008 at 9:00am PST.   Col Folsom indicated that the only business he will address is his ruling on the defense motion to dismiss LtCol Jeffrey Chessani’s case because of unlawful command influence.

On June 4, 2008, a military jury consisting of seven officers, acquitted first Lieutenant Andrew Grayson, USMC, of all charges related to the Haditha incident.  After his acquittal, Grayson, referring to LtCol Chessani, declared that he was “one of the most steadfast men… He led by example and he knew the difference between right and wrong.”
LtCol Chessani is being defended by the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan.

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.

ANN ARBOR, MI – Last night, a jury panel of seven officers acquitted Marine 1st Lieutenant Andrew Grayson of all charges involving accusations that he covered-up the killings of 24 Iraqis in Haditha on November 19, 2005.  The verdict caused spectators in courtroom on the vast Camp Pendleton Marine facility to erupt in cheers.

After his acquittal, Lt Grayson made comments about LtCol Jeffrey Chessani, one of the two remaining defendants in the Haditha cases, saying he was “one of the most steadfast men… He led by example and he knew the difference between right and wrong.”  LtCol Chessani is being defended by the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan.

Richard Thompson, President and Chief Counsel of the Law Center, observed, “The government ordered these Marines to the front lines, they ordered them to attack the insurgents… Marines, risking their lives, followed those orders without hesitation; their reward ─ criminal prosecution. There must be some righteous person in the chain of command that will say ‘enough is enough.’”

Earlier in the week, in another courtroom on the same Marine facility as Grayson’s trial, two days of motion hearings were concluded in the government’s case against LtCol Chessani, one of the Marine’s most effective combat leaders and the highest ranking officer charged in the Haditha incident.  In that case, Military Judge,   Col Steven Folsom deferred his decision on a crucial defense motion to June 16th, and delayed the actual trial until July 21st.

In May 2008, Col Folsom ruled that he found evidence of unlawful command influence (UCI). Courts consider UCI the mortal enemy of military justice.  The judge’s finding was based upon the evidence that Generals Mattis and Helland, who controlled the disposition of LtCol Chessani’s case, were impermissibly influenced by Marine lawyer Col John Ewers, one of the investigators of the Haditha incident from the beginning.  He was permitted to attend at least 25 closed-session meetings in which Chessani’s case was discussed.

As a result of that ruling, the burden shifted to prosecutors to prove beyond a reasonable doubt that (1) the facts alleged by the defense are untrue; (2) the facts alleged do not constitute unlawful command influence; or (3) the unlawful command influence will not affect the proceedings.  In short, court decisions on unlawful command influence require the military judge to avoid even the “appearance of this evil” in his courtroom.

To meet their burden, earlier this week, prosecutors presented the testimony of General Mattis and Col Ewers.  Conspicuously absent was the testimony of General Helland.

In what might be a hint of his ruling, earlier in the week Col Folsom asked what remedies to the UCI problem both sides recommended.   Robert Muise, one of the TMLC defense attorneys, asked the military judge to dismiss the case with prejudice (meaning the case could not be recharged against LtCol Chessani).  The prosecution asked for a less severe remedy.

The crucial Unlawful Command Influence motion (click here for Motion), which was the focus of this week’s hearing, was filed by the Thomas More Law Center.  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.  The two TMLC attorneys, along with two detailed Marine lawyers, LtCol Jon Shelburne and Captain Jeffrey King, are defending LtCol Chessani.

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 immediately reported the events of that day to his superiors, including the death of 15 noncombatant civilians caught in the crossfire, 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 instigated 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, now faces dismissal (an officer’s equivalent of a dishonorable discharge), loss of retirement, and imprisonment of up to 3 years.

According to press reports, 1st Lt Grayson’s attorney, Joseph Casas, said he believed the verdict could influence pending prosecutions. “I think it sets the tone for the overall whirlwind Haditha has been. It’s been a botched investigation from the get-go,” he said. “I believe in the end all of the so-called Haditha Marines who still have to face trial will be exonerated.”

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.

ANN ARBOR, MI — At a meeting held on May 20, 2008, the City Council of Frankenmuth, Michigan, dubbed by its Chamber of Commerce as “Michigan’s Little Bavaria,” unanimously voted to retain the Thomas More Law Center to defend its unique historical and cultural heritage symbolized by a small cross in the city shield and a cross erected in a city park.  Both the shield and the park have been in existence for more than 30 years.

Richard Thompson, President and Chief Counsel of the Law Center, a national public interest law firm based in Ann Arbor, Michigan, commented, “The council’s unanimous vote to retain the Thomas More Law Center in the face of a previous attempt to remove the small cross from its city shield and now the more recent focus on the cross in Cross Park by Americans United for the Separation of Church and State reflects a deep commitment on the part of the council to defend these symbols of the city’s unique history and culture.”

The German word “Franken” represents the Province of Franconia in the Kingdom of Bavaria, and the German word “Muth” means courage, thus the city name Frankenmuth means “courage of the Franconians.”

Frankenmuth’s shield represents its German cultural heritage as well as its American patriotism.  Frankenmuth was founded by Lutheran missionary farmers who traveled from Bavaria in 1845 to settle a unique German community in the United States.  This history of Frankenmuth is represented on the city shield by a swath of grain and a “Luther Rose,” which has a cross in the center.  Other parts of the shield depict the Bavarian region from which the
missionaries came.  Even today, Frankenmuth maintains a close relationship with the people of Bavaria through a well established Sister City Program.  Finally, the shield contains an eagle and the colors red, white, and blue, depicting Frankenmuth’s proud American heritage.

In addition to a recent complaint about the shield, the city has received threats of legal action on account of a city park that was created in 1976.  The park, known as “Cross Park,” was one of three projects the city created to celebrate the 1976 Bicentennial of the United States.  The sign greeting visitors to the park reads, “A Grateful Community.”  There is also a log cabin located in the park and a tall cross, both representing the history of the founding of this “grateful” community.

Continued Thompson, “These symbols serve to link and promote Frankenmuth’s unique origins and history ─ all secular purposes.  The sign at Cross Park expresses  gratitude from a people with a missionary history.  We need not purge all historical references to religion merely to satisfy militant atheists.”

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.

ANN ARBOR, MI — The Thomas More Law Center, a national public-interest law firm, based in Ann Arbor, Michigan, announced today that it has filed a federal lawsuit defending the Constitutional rights of a sixth grader to wear t-shirts to school that express his pro-life beliefs.  The lawsuit was filed in the U. S. District Court for the District of Minnesota against the Hutchinson Middle School located in Hutchinson, Minnesota.

The sixth grader, referred to in the lawsuit as “K. B.” because of his age, is a Christian who believes that abortion is the wrongful taking of an innocent life and a grave offense to the Law of God.

School officials, including the principal and several teachers, on over a dozen occasions during April 2008, told “K. B.” not to wear the t-shirts, publicly singled him out for ridicule in front of his classmates, removed him from class, sent him to the principal’s office, forced him to turn his pro-life t-shirt inside out, and threatened him with suspension if he did not stop wearing the offending pro-life t-shirts.

During the period in question, “K. B.” wore three different t-shirts, all produced by the American Life League, a national Pro-Life advocacy group.  The t-shirts contained such pro-life messages as, “Abortion… growing, growing, gone,” “What part of abortion don’t you understand?” and, “Never Known – Not Forgotten.”

Richard Thompson, President and Chief Counsel of the Law Center, commented, “This courageous young Christian was ridiculed and threatened by teachers for expressing his deeply held beliefs.  These school officials clearly violated the U. S. Constitution and the school’s own written Dress Policy which specifically states it is not intended to abridge the rights of students to express political or religious messages.”

The Thomas More Law Center is being assisted by Minnesota attorney Paul Taylor, an affiliated attorney with the Law Center.

Brandon Bolling, the Law Center attorney assigned as lead counsel stated, “The Supreme Court has held it permissible for public schools to limit student speech only when there is an actual and substantial disruption of school activity.  That is not the case here.  The only people who took issue with the Pro-Life t-shirts were the school’s employees — in fact, if any one caused any disruption, it was the school’s employees, by their constant public harassment of our client because they disagreed with his pro-life message.”

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.