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Investigator: Toss Charges in Iraqi Death
SAN DIEGO (AP) - An investigating officer has recommended that charges be thrown out for a Marine reservist accused in the death of an Iraqi prisoner last year, a defense attorney said Monday. The investigator recommended administrative punishment for a second officer accused of negligent homicide in the death of Nagem Sadoon Hatab, a Baath Party member who prosecutors said was punched, karate-kicked and dragged by the throat while in the officers' custody.Lance Cpl. Christian Hernandez and his commanding officer, Maj. Clark A. Paulus, faced the most serious charges in the killing. 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. Zimmermann. Article 32 hearings are the military equivalent of a civilian grand jury probe. Gallo recommended administrative punishment for Paulus, Zimmermann 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. A third officer, Sgt. Gary Pittman, was accused of karate-kicking Hatab in the chest. He was recommended for special court-martial for assault, Zimmermann said, 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, the Marine base north of San Diego. 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. The recommendation cast doubt on 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. Hatab, 52, had been left lying naked, covered in his own feces, for hours when he was found dead on June 6, 2003.
Posted by: Steve White 2004-03-16 |
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