Government Decides Not to Appeal Further in LtCol Chessani Case; Decision to Re-Charge Still Pending
May 05, 2009
ANN ARBOR, MI – A government official has informed the Thomas More Law Center that the government will not seek to appeal the recent unanimous decision by the Navy Marine Corps Court of Criminal Appeals (NMCCA) in favor of LtCol Jeffrey Chessani, USMC.
The decision makes permanent the ruling by the trial court judge, Colonel Steven A. Folsom, USMC, dismissing the charges against LtCol Chessani – without prejudice – due to Unlawful Command Influence. The government could have sought an appeal to the civilian Court of Appeals of the Armed Forces (CAAF), and then to the U.S. Supreme Court.
Because Col Folsom’s dismissal of charges was made without prejudice, the government could still seek to re-charge LtCol Chessani. ...