FR Exclusive! Scorching memorandum obtained from the Lt. Nathan Phan hearing

I obtained this memorandum in the course of investigating the Article 32 hearing of 2nd Lt. Nathan Phan (Kilo Company/5th Marines) which concluded this past weekend at Camp Pendleton.

The events in the hearing revealed grave doubts that our Marines are receiving due process from the very country they love and volunteered to service.

During the hearing, serious allegations surfaced that NCIS agents had fabricated statements by enlisted Marines. Three Marines gave affadavits to this fact. Their statements, prepared by NCIS agents and submitted as evidence by the prosecution, contained falsehoods.

Yet when one of the Marines, Lance Cpl. Andrew Kraus, took the stand to testify under oath in regard to his affadavit, he was immediately arrested and led from the courtroom.

At the same time, an NCIS agent accused of fabricating statements was allowed to avoid testifying under oath. The prosecution claimed that the agent was in Australia and could not be reached.

The North County Times first obtained David Sheldon's memorandum on January 30th. In an article headlined, Attorney: Accused Camp Pendleton Marine didn't get fair hearing, the paper quoted and summarized its contents.

I cannot reveal my source for this memorandum, but have no doubt of the memo's legitimacy. Quotes from it appeared in print.

The full text of the memorandum is given for the first time ever here on Free Republic.

Yours with hope that justice will be served,

RedRover

-------------------------------

For more information about this case, see the links below:

Attorney says agents made up assault case evidence

Accused Marine’s hearing resumes Friday

Major thread: Witness for Marine lieutenant threatened with criminal charges

Attorney: Accused Marine is really a hero

1 posted on 02/01/2007 7:10:45 PM PST by RedRover

EXCELLENT! Another FR exclusive. GOOD work, Red Rover!

2 posted on 02/01/2007 7:15:11 PM PST by onyx (DEFEAT Hillary Clinton, Marxist, student of Saul Alinsky & ally and beneficiary of Soros.)

To: the mo; Tuscaloosa Goldfinch; fishergirl; TNdandelion; slipper; Eagles6; jazusamo; smoothsailing; ..

PING!

Here's the full document quoted in the NC Times article linked above.

If you're not already included, let jazusamo or me know if you want on the Haditha Marine Ping List.

3 posted on 02/01/2007 7:19:24 PM PST by RedRover (They are not killers. Defend our Marines.)

Thank you for the ping. :)

mo

4 posted on 02/01/2007 7:25:39 PM PST by the mo (Never underestimate the power of stupid people in large groups!!!!!)

Thanks. Prayers for our guys.

5 posted on 02/01/2007 7:26:47 PM PST by Eagles6 (Dig deeper, more ammo.)

Thank you for the ultimate post.

6 posted on 02/01/2007 7:28:55 PM PST by lilycicero (Thanks for defending the US Marines.)

Hiya, onyx! Great to see you. Yes, this document can only be seen right now on Free Republic. But I have a feeling it'll start popping up on military blogs very soon. ;)

7 posted on 02/01/2007 7:29:21 PM PST by RedRover (They are not killers. Defend our Marines.)

Thanks! God bless our Marines!

8 posted on 02/01/2007 7:34:38 PM PST by fishergirl (My warrior, my soldier, my hero - my son. God bless our troops!)

Good work, RedRover. Thanks for posting this.

9 posted on 02/01/2007 7:34:48 PM PST by jazusamo (http://warchronicle.com/TheyAreNotKillers/DefendOurMarines.htm)

10 posted on 02/01/2007 7:42:13 PM PST by onyx (DEFEAT Hillary Clinton, Marxist, student of Saul Alinsky & ally and beneficiary of Soros.)

The thank you shall continue to roll into your posts for the efforts you make in keeping us informed on the rather depressing at best activities going on.
Mattis had better be real careful in how judges these matters. Word gets around fast. Lots of Marines that may be on their last leg of the eight years may say the hell with serving. And others may seek positions where they feel they can stay state bound etc..
What a terrible stain has been cast upon such a honorable corps.

11 posted on 02/01/2007 7:47:36 PM PST by Marine_Uncle

I hope 2nd Lt. Nathan Phan knows he has my prayers.

12 posted on 02/01/2007 7:54:30 PM PST by onyx (DEFEAT Hillary Clinton, Marxist, student of Saul Alinsky & ally and beneficiary of Soros.)

(((((onyx))))) Bless you, my dear FRiend!

13 posted on 02/01/2007 8:05:50 PM PST by RedRover (They are not killers. Defend our Marines.)

14 posted on 02/01/2007 8:18:01 PM PST by Gator113

To: sailor4321; SandRat; kellynla

15 posted on 02/01/2007 8:22:33 PM PST by RedRover (They are not killers. Defend our Marines.)

To: RedRover; 91B; HiJinx; Spiff; MJY1288; xzins; Calpernia; clintonh8r; TEXOKIE; windchime; ...

This sounds like the Duke LaCross Case. Another DA Nifong?

16 posted on 02/01/2007 8:31:22 PM PST by SandRat (Duty, Honor, Country. What else needs to be said?)

Thanks for the ping... Interesting reading... :)

17 posted on 02/01/2007 8:44:58 PM PST by pinkpanther111 (They were doing their jobs!!! Defend our Marines)

To: RedRover; SandRat

The prosecution claimed that the agent was in Australia and could not be reached.

Sounds like Breaker Morant.

18 posted on 02/01/2007 8:47:23 PM PST by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)

Imagine men returning from the battlefield to be Nifonged like this. It truly makes my blood boil.

20 posted on 02/01/2007 8:51:47 PM PST by RedRover (They are not killers. Defend our Marines.)

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794