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Rather than some frenzied killing spree, Sharratt says that the Marines in 3-1 Kilo Company raided 22 homes that day, but only fired their weapons in four instances. They took 30 prisoners, and found weapons, thousands of dollars in US cash, and Jordanian passports, and he says that the allegations they murdered civilians are patently false. "The bottom line is," says Sharratt, "what were the Rules of Engagement that day, and did the Marines of 3-1 Kilo Co. follow them faithfully to the best of their ability? That is what this case will hinge on".

CAMP PENDLETON ---- A Marine lance corporal took the hand of an Iraqi man he had just helped kidnap last year and used it to strike the face of the bullet-riddled victim, a co-defendant in the homicide case testified Thursday. "He took his hand and kind of played with it and made Mr. Awad hit himself," former Petty Officer Melson Bacos said about his squad mate, Lance Cpl. Robert Pennington, during testimony in a Camp Pendleton courtroom. "He said, 'Quit hitting yourself.' "Bacos' testimony came as the government presented evidence that will lead to its sentencing recommendation when the court-martial...

CAMP PENDLETON ---- The attorney for a Marine corporal who pleaded guilty last month to murder in the 2006 shooting death of an Iraqi man now wants his client to withdraw that plea and proceed to trial. Victor Kelley, the attorney for Cpl. Trent Thomas, told a military judge Thursday morning that he now believes that his client was "acting under the color of lawful authority." The defense move came on what was to be the third day of a sentencing hearing for the 25-year-old St. Louis native, who pleaded guilty on Jan. 18 to murder, assault, kidnapping and related...

The U.S. Marines accused of murder and other charges in the case of the Haditha killings in Iraq cannot get a fair trial, says retired Air Force Lt. General Thomas McInerney.Commenting on Rep. John Murtha's outrageous charges that the Marines of Kilo Company had committed cold-blooded murder of civilians in Haditha on November 19, 2005, McInerney said that the Pennsylvania Democrat's declaration "has certainly prejudiced the case."In an exclusive interview with NewsMax.com, the general who served 35 years in the United States Air Force as a pilot, commander, and Joint Force Commander and retired from military service as Assistant Vice...

Our view: Military investigators risking their own cases by failing to use yesterday's technology. Seven years into the 21st century, it's long past time for NCIS to catch up to 20th-century technology.The investigators of the Naval Criminal Investigative Service, the federal agency responsible for investigating sailors and Marines accused of criminal acts, must immediately start recording their interviews and interrogations of witnesses and suspects with something better than a ballpoint pen. The perils of not doing so are apparent to anyone following the Article 32 hearing of Marine 2nd Lt. Nathan Phan, who stands accused of assaulting three Iraqis in...

A new batch of troops tries to win over Haditha, where 24 civilians were slain by their predecessors.HADITHA, IRAQ — More than a year after two dozen civilians were killed here in what prosecutors call an appalling case of wanton murder by four Marines, a new batch of troops is trying to win the hearts and minds of the public.But as they patrol the narrow, winding streets and try to protect themselves from a deadly, unseen enemy, the November 2005 incident hangs like dust in the air.

Justice Denied!This memorandum by the civilian defense attorney in the 2nd Lt. Nathan Phan Article 32 hearing has just been obtained and is presented here for the first time. MEMORANDUM From: David SheldonTo: Investigating OfficerSubj: Article 32 hearing ICO United States v. PhanDate: 28 January 2007Sir,1. On behalf of my client, I wanted to state for the record the following: (a) The defense believes a classification review should be undertaken without delay. We ask you to make this recommendation; (b) Your recommendation that an investigation into the testimony and conduct of both certain NCIS agents and the three Marines at...

NORTH COUNTY -- An attorney for a Marine lieutenant charged with assaulting three Iraqis last year is alleging that a hearing officer violated his client's right to a fair hearing. David Sheldon contends that actions and comments made by Lt. Col. William Pigott during an Article 32 hearing on Camp Pendleton that ended Sunday were unprecedented in his 16 years as a defense attorney handling dozens of military cases.Pigott presided over a four-day hearing for 2nd Lt. Nathan P. Phan, a 3rd Battalion, 5th Marine Regiment platoon commander charged with assaulting Iraqi civilians during efforts to obtain information about insurgent...

The leak of a detailed report into the killing of 24 Iraqis in Haditha in 2005 may have a wide-ranging impact on the prosecutions of eight Camp Pendleton-based troops charged in the incident, a longtime military attorney said Monday. Depending on the outcome of the investigation, "a lot of legal motions will be filed to dismiss the charges," because the leaks and their press coverage could make it difficult for the defendants to obtain a fair trial, said Jane Siegel, a retired Marine Corps attorney. The attorney, who now works in private practice in San Marcos, is representing another Marine...

CAMP PENDLETON ---- A Marine officer accused of assaulting three Iraqi civilians last spring is really a hero, a hearing officer was told Sunday."You have a young officer sitting at our end of the table who was trying to protect his Marines," defense attorney Lt. Col. Matthew Cord said at the conclusion of a hearing that will determine if 2nd Lt. Nathan Phan is ordered to court-martial. "He deserves a medal and they're trying to put a knife in his back."Cord's comments came as the hearing for the 26-year-old Phan ended with the presiding officer, Lt. Col. William Pigott, saying...

In a dramatic new twist–and suddenly giving credence to those calling for investigations into government investigative misconduct–an NCIS agent admitted on the stand today that a fellow agent altered a statement taken during the investigation against Lt. Nathan Phan, who is currently in Article 32 phase for allegedly assaulting an Iraqi.

CAMP PENDLETON ---- A hearing for a Marine lieutenant accused of assaulting three Iraqis took a dramatic turn Saturday when a witness called in his defense was told he could be facing criminal charges for allegedly lying.Lance Cpl. Andrew Kraus was read his legal rights and informed that he might be charged with making a false official statement and committing perjury during his testimony in a hearing for 2nd Lt. Nathan Phan.The accusation against Kraus came from the lead prosecutor, Maj. Donald Plowman, who told the court he was duty-bound to level the charge.The hearing officer, Lt. Col. William Pigott,...

By: WILLIAM FINN BENNETT - Staff Writer NORTH COUNTY ---- Marine Corps officials confirmed Friday that Lt. Gen. James Mattis has called for an investigation into who leaked documents recently from a massive investigation of the 2005 deaths of 24 Iraqi civilians in Haditha, Iraq. An attorney representing one of eight Camp Pendleton Marines charged in connection with the incident said Friday it was essential Mattis order the probe given the notoriety caused by a Jan. 6 Washington Post article. The newspaper cited interviews with eyewitnesses who allege four of the Marines had gunned down five men. "A lot of...

<p>CAMP PENDLETON ---- A Naval Criminal Investigative Service agent testified this morning that notes he took during an interview with a witness whose recollections are being used in the prosecution of a lieutenant charged with assaulting three Iraqi civilians last spring are in partial conflict with the official statement the government attributes to that witness.</p>

CAMP PENDLETON ---- The credibility of three Naval Criminal Investigative Service agents and three enlisted men will be at issue today when a hearing for a Marine officer accused of assaulting Iraqi civilians resumes at Camp Pendleton.The issue arose earlier this month when a lawyer for 2nd Lt. Nathan Phan alleged that statements prepared by the agents based on interviews with the three enlisted men included fabricated material that implicated his client.The contention from attorney David Sheldon prompted Lt. Col. William Pigott, who is presiding over Phan's Article 32 hearing, to halt the proceedings until the agents could be present...

The Haditha Marine case, with its leaks of false information including, possibly, tidbits of confessions, has a recent parallel.Remember the case of Petty Officer Daniel M. King? You don’t?Evidently, neither does the Washington Post, Associated Press, National Public Radio, and the rest of the media that repeats every NCIS rumor as gospel. This is surprising because it wasn't that long ago that the NCIS lied to them all.It was the Daniel M. King case, a few short years ago, that should make everyone suspicious of every leak, and every media report, in the Haditha Marines case.Petty Officer King was a...

Cpl. Jerry E. Shumate Jr. CAMP PENDLETON ---- A trio of Naval Criminal Investigative Service agents testified Tuesday morning about how they went about interrogating a Marine lance corporal and other members of a Camp Pendleton platoon accused of killing an Iraqi man earlier this year. The pretrial hearing for Lance Cpl. Jerry E. Shumate Jr. lasted a little more than an hour but did not reveal much of the substance of the prosecution's case against the seven Marines and Navy corpsman from the 3rd Battalion, 5th Marine Regiment. The troops are accused of killing 52-year-old Hashim Ibrahim Awad...

Pendleton 8 murder case could be affected The officer presiding over the Article 32 hearing of Marine Lt. Nathan Phan, accused of assaulting an Iraqi last spring, has “called a halt” to the hearing until three investigators from the Naval Criminal Investigative Service can be brought to court and questioned by both sides of the courtroom about the possibility that they fabricated evidence in an effort to convict Phan on the assault charges. The accusations were made by defense attorney David Sheldon during testimony by witness LCPL Christopher Faulkner. Faulker told the court that a statement the law enforcement agency...

NORTH COUNTY -- The investigative practices of the Naval Criminal Investigative Service will be under scrutiny later this month when three of its agents are expected to take the stand in a Camp Pendleton courtroom to answer an allegation they fabricated parts of statements being used in the prosecution of a Marine lieutenant.David Sheldon, an attorney for 2nd Lt. Nathan Phan, alleged Friday that the agents added information into the statements taken from three Marines last spring that said they saw his client taking part in the assault of Iraqi civilians. The information they added, Sheldon contends, was false.Those same...

SALT LAKE CITY During her visit to Lebanon last week, Secretary of State Condoleezza Rice sought extradition of five men–one of them missing Utah Marine Wassef Ali Hassoun, a Lebanese newspaper reported. The Daily Star said in a story posted on its Web site Monday that the Lebanese government has refused persistent U.S. requests to hand over the five Lebanese citizens. However, it quoted an unidentified Foreign Ministry spokesman as saying the refusal was not final, and the request was currently under study by officials. "We have no official final comment at this point,'' the spokesman told the newspaper. A...