Investigator makes recommendations for Pendleton Marines over Iraqi's death

[thedrifter]

Investigator makes recommendations for Pendleton Marines over Iraqi's death




By Seth Hettena
ASSOCIATED PRESS
3:53 p.m. March 15, 2004

SAN DIEGO ? An investigating officer has recommended dismissal of charges or administrative punishment for two Marine reservists accused of negligent homicide in the death of an Iraqi prisoner in their custody, a defense attorney said Monday.

Lance Cpl. Christian Hernandez and his commanding officer, Maj. Clark A. Paulus, faced the most serious charges in the death of Nagem Sadoon Hatab, a 52-year-old Baath Party member who died after he was allegedly mistreated at a Marine detention facility in southern Iraq last year.

Col. William Gallo, the investigating officer who presided over an Article 32 hearing last month, recommended dismissal of charges against Hernandez, according to his attorney, Jack B. Zimmerman. Article 32 hearings are the military equivalent of a civilian grand jury probe.

Gallo, a reservist who works as a federal prosecutor in San Diego, recommended administrative punishment for Paulus, Zimmerman said. Administrative punishment could include loss of pay or restriction to base and would be a blemish on the record of a career officer. Paulus' attorney, Keith Higgins, did not immediately return a call seeking comment.

Sgt. Gary Pittman, who was accused of karate-kicking Hatab in the chest, was recommended for special court-martial for assault, said Zimmerman, citing Gallo's report. A special court-martial is the military equivalent of a misdemeanor criminal hearing in civilian court.

The recommendations are before Maj. Gen. William Bowdon, the commanding general at Camp Pendleton, where the Article 32 hearing was held. Bowdon must make the final decision on punishment and is not bound by Gallo's recommendation. A base spokesman declined to comment on the proceeding or release a copy of Gallo's report until Bowdon ruled on the case.

"This recommendation should restore people's faith that the military justice system functions fairly," Zimmerman said. "I hope that the general will take into account that the source of this recommendation is in fact a career federal prosecutor who knows the law."

The recommendation cast doubt on military prosecutors' version of events. Prosecutors said Hatab was singled out for punishment because he was connected to an M16 rifle belonging to the 507th Maintenance Company, which had been ambushed in Nasiriyah in March 2003. Eleven soldiers were killed in the ambush, with nine wounded and six captured, including Pfc. Jessica Lynch.

Over a three-day period, Hatab was punched, karate-kicked and dragged by the throat, prosecutors said. Hatab had been left lying naked, covered in his own feces, for hours when he was found dead on June 6, 2003.

Gallo last month recommended dismissal of charges against Maj. William Vickers, who oversaw the camp before Hatab's death, said his defense attorney, Jane Siegel. He was accused of dereliction of duty for failing to stop his men from mistreating Iraqi prisoners.

A total of eight reservists were accused of mistreating Iraqi prisoners at Camp Whitehorse, a makeshift jail near Nasiriyah. Three reservists have already been ordered to face special courts-martial. A fourth Marine, Lance Cpl. William Roy, who was supposed to appear in court, struck a deal with the military and testified against his former comrades under a grant of immunity.

http://www.signonsandiego.com/news/...sonerdeath.html


Ellie

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