Posted on 03/19/2007 2:29:12 PM PDT by RedRover
CAMP PENDLETON ---- A Marine officer who commanded a platoon charged with killing a civilian in Hamdania, Iraq, last year has been ordered to court-martial for the alleged assault of two other residents of the village.
Lt. Gen. James Mattis, commander of the I Marine Expeditionary Force and all Marines serving in the Middle East, made the decision in the government's case against 2nd Lt. Nathan Phan last week, said Maj. Jeff Nyhart, a Marine Corps spokesman.
It was announced Monday after Phan returned to Camp Pendleton following a leave and was served with the notice of court-martial, Nyhart said.
The general turned aside a hearing officer's recommendation that Phan also be tried with a third count of assault as well as charges of making a false official statement and conduct unbecoming an officer for incidents occurring in Hamdania in March and April of last year.
Phan was in charge of a platoon of Camp Pendleton Marines accused in the April 26 abduction and slaying of a retired Iraqi policeman, Hashim Ibrahim Awad. Five of the eight men from the 3rd Battalion, 5th Marine Regiment charged in that case have pleaded guilty.
A Sacramento area native, Phan was not present when the homicide took place and was not accused of any wrongdoing in that incident.
But his attorneys contend that prosecutors leveled the assault and false official statement charges last August after trying but failing to connect him to that case.
During a turbulent five-day Article 32 hearing conducted in January to help determine if Phan should be court-martialed, conflicting evidence was presented. Three enlisted Marines testified that investigators from the Naval Criminal Investigative Service falsely attributed statements attributed to them linking Phan to the assaults.
The hearing also disclosed that the government had no evidence that Phan filed a false official statement, an accusation rooted in a radio report regarding an Iraqi detainee.
The two assault charges Phan will contest allege he choked two Iraqi detainees in Hamdania and placed an unloaded pistol in one's mouth while attempting to gather intelligence about insurgent activity in that region northwest of Baghdad. The alleged assault took place a few weeks prior to the homicide involving the men under his command.
The next step in the case will be the scheduling of a formal arraignment for Phan and establishment of a trial calendar.
The Hamdania case is separate from allegations that a different group of Camp Pendleton men murdered two dozen Iraqi civilians in the city of Haditha in November 2005.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
Hell of a way to fight a war.
I'm very sorry that this is going to a court martial.
Earlier threads on the Lt. Phan case:
* FR Exclusive! Scorching memorandum obtained from the Lt. Nathan Phan hearing
* Attorney: Accused Camp Pendleton Marine didn't get fair hearing
Thanks for the ping, Red.
Yeah, I'm sorry it's going to a court-martial also. Looks like Pigott tried to throw the book at him with all five charges. At least General Mattis only went with two.
I don't know what the ramifications of the two assault charges are, do you? The max for conduct unbecoming is two years I believe tho he isn't charged with that.
Reduced is better than none...
But I have to say; if Phan is going to court martial with fabricated evidence.... then what chance does the Haditha Marines of not going...
I thought this was the case that would be dropped of all of them...
From the conduct of Pigott at Phan's hearing I'm not too surprised that he recommended Phan be charged with all counts. It looks to me that the General took some of that phony evidence into account, I really don't know enough about this case to say though.
I hope Pigott isn't going to be the hearing officer in any of the Haditha Marines 32 hearings, he didn't strike me as being the sharpest knife in the drawer as well as not paying much respect to the defense.
didn't strike me as being the sharpest knife in the drawer as well as not paying much respect to the defense.
lol..on the knife..
you are right about respect for the defense, He struck me as already having his mind made up before the Art 32 even started.
I'm very sorry that this is going to a court martial.
Agreed.
Ugh! Don't even want to get started on this tonight. Don't have the energy at the moment. But this is another real BS case being brought. Absolutely ridiculous for it to have gone this far.
Notice that all of the cases are after major combat operations ended. Somebody in Washington has a vision for our soldiers and Marines doing police work. Don't send a warrior to get information from an insurgent. Send a frigging NCIS agent if you want someone who loves reading rule books.
All of our problems in Iraq stem from not continuing to show a strong hand. Johnny Jihad respects strength and we allowed ourselves to be seen as weak.
Does our government truly believe that we fight them there so we won't fight them here?
What kind of fight will that be? If I grabbed a terrorist in New York City and put him in a choke hold, could I end up in court?
All this crap is just self-destructive.
General GQ Pretty Boy Matis
Please resign and take that moronic book on insurgency with you..
Go play Golf, Go play Cards, Go play anything but stop Playing Marine General cause you don't pack the gear.
W
I still can't quite believe this. If I wanted to fight the War on Terror as a law enforcement campaign, I would've voted Democrat.
I checked the Investigation website too and found practically nothing.
It's a sad day when a combat Marine is going to be court-martialed for assault in the war zone and that assault supposedly was against a suspected enemy.
As usual, jaz, you said it all!
Wasn't the original possible sentence 20-22 years? I think making a false statement is 5 years. If conduct unbecoming is 2 years, maybe the 3 assaults were 5 each. If so, he might still be facing 10 years with 2 assaults left.
Does anybody have any idea if the investigation that Mattis ordered from the initial hearing was ever completed?
Night, guys! I need less freepin' and more sleepin'.
I just don't know that much about this case. I was basing the 2 years for conduct unbecoming on the Watada case. If (when) he's convicted they're saying he can get 1 year for each count even though the max is 2 years for each count. I understood it had something to do with what type of conduct unbecoming.
I have no idea on the sentence for assault nor do I know anything about Mattis's investigation.
G'Night, Red.
Hamdania lieutenant ordered to court-martial
By: MARK WALKER - Staff Writer
CAMP PENDLETON -- A Marine officer who commanded a platoon charged with killing a civilian in Hamdania, Iraq, last year has been ordered to face a court-martial for the alleged assault of two other residents of the village.
Lt. Gen. James Mattis, commander of the I Marine Expeditionary Force and all Marines serving in the Middle East, made the decision in the government's case against 2nd Lt. Nathan Phan last week, said Maj. Jeff Nyhart, a Marine Corps spokesman.
It was announced on Monday, after Phan returned to Camp Pendleton after a leave and was served with the notice of court-martial, Nyhart said.
Mattis rejected a hearing officer's recommendation that Phan also be tried on a third count of assault and dismissed charges of making a false official statement and conduct unbecoming an officer for incidents occurring in Hamdania in March and April 2006.
Phan's lead attorney, David Sheldon, said he believes the 26-year-old will ultimately be exonerated.
"I believe he will be fairly judged on the facts and circumstances and will be vindicated," Sheldon said during a telephone interview from his offices in Washington, D.C. "We hope the case goes to trial by May because Lt. Phan is anxious to resume his Marine Corps career."
Marine prosecutors are forbidden from discussing ongoing cases.
Phan was in charge of a platoon of Camp Pendleton Marines accused in the April 26 abduction and slaying of a retired Iraqi policeman, Hashim Ibrahim Awad. Five of the eight men from the 3rd Battalion, 5th Marine Regiment charged in that case have pleaded guilty.
A Sacramento-area native, Phan was not present when the homicide took place and was not accused of any wrongdoing in that incident. But his attorneys contend that prosecutors leveled the charges of assault and making a false official statement last August after trying but failing to connect him to that case.
During a turbulent five-day Article 32 hearing conducted in January to help determine whether Phan should be court-martialed, conflicting evidence was presented to the hearing officer, Lt. Col. William Pigott.
Three enlisted Marines testified that investigators from the Naval Criminal Investigative Service falsely attributed statements to them linking Phan to the assaults.
The hearing also disclosed that the government had no evidence that Phan filed a false official statement, an accusation rooted in a radio report regarding an Iraqi detainee.
The two assault charges Phan will contest allege that he choked two Iraqi detainees in Hamdania, placing an unloaded pistol against one's mouth and spraying soda pop into the nose of the other and saying it was acid. The alleged incidents took place during an attempt to gather intelligence about insurgent activity in an Anbar province region northwest of Baghdad.
The alleged assaults took place a few weeks before the homicide involving the men under his command.
Formally arraigning Phan and establishing a trial calendar are the next steps in the government's case. Sheldon said the case will be tried before a 12-member panel of Marine officers.
The Hamdania case is separate from allegations that a different group of Camp Pendleton men murdered two dozen Iraqi civilians in the city of Haditha in November 2005. Four enlisted Marines face murder charges in that incident, and four officers are charged with failing to fully report the incident. Trial proceedings have yet to begin in those cases.
In the Hamdania homicide, motion hearings for two of the remaining defendants, Sgt. Lawrence Hutchin III, the squad leader, and Cpl. Marshal Magincalda are set to take place at Camp Pendleton next week.
-- Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
--------------------------------------
Oh, the horror!
Lt. Phan sprayed soda pop on a detainee!
Oh, the humanity!
When will this cruel war be over?
Oh, my. ..."spraying soda pop into the nose of the other and saying it was acid."...
"Oh the humanity" is right! Talk about thinking on your feet! I seem to recall that Lt. Phan was fairly successful at getting intelligence from some of these detainees.
I know I shouldn't laugh, but I can't stop. He could get imprisoned for what, 5 years?, for spraying a soda pop up a detainee's nose? How many teenagers would be put away for doing the same thing? Sometimes they do it to themselves. I think some radio talk show hosts would have a hay-day with this one. Kinda reminds me of the panties on the head image.
Come on!
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