An Honest Investigation Would Have Cleared Lieutenant Pantano in Iraq

Defend Our Marines ^ | March 11, 2007 | David Allender

[RedRover]

An Honest Investigation Would Have Cleared Lieutenant Pantano in Iraq (and Other Lessons for the Haditha Hearings)

Second Lieutenant Ilario Pantano was an outstanding Marine officer who did his job, including the hard business of killing the enemy, very well.

And then the government told him that he was a murderer.

On February 1, 2005, he was charged with premeditated murder and a host of other charges including dereliction of duty and damaging a terrorist’s car.

Not a single charge should have been made.

The lieutenant had shot and killed two detainees after they made a hostile move toward him. Lieutenant Pantano had warned them to stop in Arabic and English. An honest and fair investigation would have cleared Pantano and sent him back to his platoon.

Instead, a man (whose fitness report said was the best officer of his rank in the battalion) was disgraced, humiliated, and destroyed as a Marine. The emotional pain was greater than anything he’d experienced in combat. “This mental assault,” Lieutenant Pantano writes in his book, Warlord, “came from the NCIS.”

In April 2005, in an Article 32 hearing, Lieutenant Pantano’s lawyers proved that the government’s entire case was built on lies and distortions. The testimony against Lieutenant Pantano was purely vindictive, absolutely ludicrous, and easily demolished in the hearing by his defense attorneys.

The next month, Major General Richard Huck, dismissed all charges against him. With a straight face, the Public Affairs press release concluded, “The best interests of 2nd Lt. Pantano and the government have been served by this process.”

Oh, really?

Only our enemy was served when the government pulled an outstanding officer out of combat. Only our enemy was served when Lieutenant Pantano's men were intimidated and grilled—made to turn over their computers and journals—shaken down and second-guessed in the midst of ambushes, IEDs and mortar attacks.

The Pantano case should have been a devastating embarrassment for the NCIS, perhaps even causing them to reevaluate their methods and mission. Instead, the NCIS "motherf---ers" (as Lieutenant Pantano calls them) have continued their questionable practices in Haditha and other investigations.

Outrageously, the NCIS has even claimed that they helped clear Lieutenant Pantano.

After the final summations in the hearing, a belated autopsy report partially disproved a single prosecution contention.

The government had argued that the two terrorist detainees had been shot in the back. The report, made possible by the field work of a NCIS agent, showed that one detainee--not both--had been shot in the back.

NCIS' claim of helping to clear Pantano has served to cover the agency’s failings. In reality, the autopsy report wasn’t of tremendous significance.

It was the entire case, prepared by the NCIS, that fell apart under scrutiny.

Today, we are only ten days away from the first Article 32 in the Haditha Marines case. The first to get a hearing will be Lieutenant Colonel Jeffery Chessani, a Marine who served in the invasion of Panama in 1989 and the first Gulf War in 1991.

No matter the outcome of his Article 32, like Lieutenant Pantano, Lieutenant Colonel Chessani has been destroyed as a Marine.

This seems like a good time to review some lessons learned from the Pantano case.

Lesson 1: NCIS investigators search for guilt, not for truth.

During the Lieutenant Pantano investigation, a corpsman, “Doc” Gobles, was interviewed about the incident. Gobles was one of two witnesses so his testimony was especially valuable.

Gobles told the agent he glimpsed movement before the shooting began. He thought the detainees were trying to flee.

The agent told Gobles he was wrong.

Lesson 2: NCIS does not give a Marine the benefit of the doubt. Agents will, however, believe anything anyone says against a Marine.

The principal witness in the Pantano case was Sergeant Daniel Coburn. His fitreps showed him to be an unstable and unfit Marine whose 13-year career was about to be terminated.

Lieutenant Pantano had relieved Coburn as a squad leader. Others in his platoon heard Coburn say that he hated Pantano and wanted him out of the way. None of this gave the NCIS agents a moment’s pause in taking Coburn’s word that Pantano was a cold-blooded killer.

Coburn’s testimony was easily demolished in court. He was revealed as a fool and a liar under cross-examination. Investigators who were actually seeking the truth would have discovered this for themselves.

Lesson 3: NCIS reports are a one-sided story.

During the investigation in Iraq, NCIS agents were offered negative testimony about Sergeant Coburn and positive testimony about Lieutenant Pantano. Neither was accepted or included in the NCIS report.

This is an excerpt from Lieutenant Pantano’s Article 32 hearing:

[DEFENSE ATTORNEY CHARLIE] GITTINS: So you actually saw the two Iraqi individuals that were in the car; correct?

[SERGEANT JUDD] WORD: Yes.

GITTINS: And you saw them leaning against the wall initially?

WORD: Yes.

GITTINS: And then you saw them run to the vehicle?

WORD: Yes.

GITTINS: You personally saw that with your own two eyes?

WORD: Yes.

GITTINS: And then they got in the vehicle and they drove away?

WORD: Yes.

GITTINS: And what was your conclusion about what they were trying to do at that time?

WORD: They were trying to get out of there.

GITTINS: Would you want to go to combat with Lieutenant Pantano again?

WORD: I would go to combat with him any day.

GITTINS: Were you interviewed by NCIS before you gave your testimony at some other point?

WORD: Yes, I was, several times.

GITTINS: For how long did NCIS interview you?

WORD: One time, it was just a quick briefing. They just wanted to know about Lieutenant Pantano s character. And the second time they interviewed me, they wanted to go through the details of what happened that day.

GITTINS: When they interviewed you about Lieutenant Pantano’s character, did you tell them the things that you told me today?

WORD: Yes, I did.

GITTINS: Did they ask you to create a sworn statement at that time?

WORD: They asked me to. The NCIS guy said he was going to type it up and bring it back for me to sign, but he never did.

GITTINS: So he never brought you anything to sign?

WORD: No.

…

GITTINS: Did they ask any questions about Sergeant Coburn’s character?

WORD: No, they did not.

GITTINS: So all they wanted to know was about Lieutenant Pantano’s character?

WORD: Yes.

Lesson 4: The NCIS is unfit to investigate Marines and evaluate their decisions in combat.

Away from his platoon (who would later suffer KIA, to the lieutenant’s helpless horror), Pantano describes what he felt:

I was sick in spirit, almost nauseous. I just couldn’t believe that after wasting those two f----s on the canal road this could possibly be happening. Was I supposed to let them kill me?

Now there were NCIS agents here to question my character? It hurt. It really hurt—worse than any physical pain I’d ever suffered. I had to turn in my M-16. They were taking it with them. And I wasn’t sure why. Something about tests. I felt stripped, weak, and naked without that weapon. It had saved my life in Latafiyah, all along the Zulu perimeter, and in Fallujah.

Now they’d seized it from me. What if there was a big QRF? What if my former platoon stepped deep into the ambush s--- and we had to send every spare Marine who could shoot a rifle to save them? What would I shoot?

The priceless irony of course was that the dirty, beat-up 9 mm Beretta pistol I was issued to replace my M-16 had come hot off the thigh of Lance Corporal Simental. The soft-faced boy, always quick to help, had kept Easy Company’s communications running until he had been blown up by an IED. He had lost his leg, so he wouldn’t be needing a pistol anymore.

It got worse. Back in the states, in the battalion XO’s office, Lieutenant Pantano read the charges against him. As he writes in Warlord:

The charges went on and on for two pages of articles 109, 118, and 133. Words like “... with premeditation, murder ... by means of shooting him with an M16A4 service rifle . . .”

I looked up, my eyes running with tears. I had to shake my head to clear the disbelief and went back to reading.

“... on or about 15 April 2004, willfully and wrongfully damage an automobile by slashing four (4) tires, smashing headlights and taillights, and smashing the rear window, of an aggregate value of less than $500.00.”

“Sir, they are charging me—” I had to take another breath. “They are charging me for disabling a bomber's car? Sir, they ... five hundred dollars ... Sir ... Do they. . . ?”

Another breath and an internal scramble to regain my composure.

“Sir, do they know how many Marines these things kill every day? What's happening here? Has anyone told them there is a war going on out there?”

My voice was now more outrage than disbelief.

“Ilario. I'm sorry.” [Major Dixon said]

Then he added, “Get a lawyer.”

Lesson 5: NCIS, and prosecutions based on their investigations, is not helping us win in Iraq.

The NCIS’ investigation of Lieutenant Pantano cost him his career and dragged a hero of the Iraq war through the mud. He and his family can never totally recover from it.

As Charlie Gittins said in his summation at the hearing, “The worst thing that could have happened to Lieutenant Pantano is that he was removed from his platoon. That was a punishment beyond words, because he was in combat with a platoon that loved him, that he loved, that he promised the families that he was going to bring their boys back.”

In the final analysis, the investigation and prosecution cost America an outstanding officer and Marine who was helping us win the war in Iraq.

The prosecution of the Haditha Marines multiplies that cost by eight.

David Allender

Defend Our Marines

[RedRover]

It was funnier the way KeyLargo told it. But I was afraid of flying into the purple screen!

[xarmydog]

I was on the list for E-6 at 22 years of age.Having that on my record would have made it impossible to attain anything above E-7.I decided then to chose another career option.There are many good soldiers out there with a similar story.It only takes one bad boss to cause irreparable damage to ones future.

[Girlene]

Is this called "Command Influence" in your case? In your case, it sounded like it was a vindictive personal motive. Yikes! I would have hated to be in your shoes.

Now imagine if the motive is political, from much higher up, to show the US really polices its own troops to prevent any "atrocities" in Iraq. NCIS has lots of resources to present evidence the way to want, to prove their case. How can the accused, in the Haditha case, afford all the experts it would take to counteract their presentations?

It will be tough. They need some pro bono physical evidence experts!

[xarmydog]

Yes command influence was a major part in it.Everyone was scared of this Commander and did not want on his bad side.They have already been tried by the media,etc.All that is left is the formalities of punishment.They will absolutely need the best representation any one or anything can provide.I made my rank quickly for the simple fact I took care of my men.Many times I have witnessed suck up leaders throw their men under the bus for a brownie point.I despised those types of men.If anyone thinks these men will get a fair trial is off their rocker.The judges more than likely have already been hand picked and are just going to go through the motions.Recruitment will suffer greatly.

[RedRover]

Last I heard, there have been no autopsies so the battle won't be fought over physical evidence. It will be over ROE.

There's a PR lull right now because there's been no real news since Dec. 21st.

That'll change once the hearings start. Our job will be to get the truth out. And hope that gets some traction in political and media circles.

We have to hope that we can be a positive force for these Marines.

[xarmydog]

I will do what I can to help,but the cards have already been stacked against them.I never bothered with a lawyer during my episode as I knew it was a no brainer.My mistake.The thought of those Marines whose life will never be the same no matter the outcome,nauseates me.The people who are trying to railroad them need to do some time in the same situation that these men were.REMPS have no business prosecuting real soldiers.

[Girlene]

Well, if the commanders, prosecutors, and convening authorities have any pressure put on them from above, then the best we, the public, can do is to push back and exert public political pressure for the Marines' defense.

The prosecution's strengths at this point will probably be lots of analysis of physical evidence and the Iraqi witnesses. These are also their weaknesses. There will be no autopsies, the physical environment would have been contaminated and unsecured for several months. I seriously doubt the witnesses will travel to the US. The prosecution will hang their hat on the pictures taken at the scene by our own Marines (as required by the Iraq gov't) and boatloads of analysis of what they signify. I doubt these photos will be made public, beyond the hearings. The analysis of the physical evidence is where questioning NCIS's credibility comes in. How good is NCIS's analysis? - it will be interesting to see how the defense handles this.

[RedRover]

Bump that. And keep in mind that all the defense lawyers are retired Marines or have deep backgrounds in these cases.

Justin Sharratt's lawyer, Gary Myers, represented Capt. Medina (and got him off) back in the My Lai case. Capt Stone is represented by Charlie Gittins, who represented Lt Pantano. This is just to name two. There's a warship worth of experience for the defense.

[freema]

That is a distinct possibility but I don't think that's it.

[Girlene]

Awesome amount of experience. I was quite impressed with the writeup of Neal Puckett, Wuterich's lawyer, on Frank Wuterich's website. An aggressive, result-oriented lawyer.

[Marine_Uncle]

Amen to that.

[Girlene]

Well, I do think at first, Maliki's influence may have had some impact. Now that NCIS, the media, Murtha and other politicians have shown their cards, the reasons "why" may be varied. What do you think the reason(s) is/are?

[RedRover]

Here's a quote...

Camp Lejeune 26 April 2005

Toward the end of the voir dire, Captain Bolling had Major Winn state for the record that he was scheduled for promotion to lieutenant colonel and would serve on the staff of Major General Richard Huck when the 2nd Marine Division returned to Iraq. General Huck was the commander of the 2nd Marine Division. All the grunts at Camp Lejeune were his. He also had the dubious privilege of approving the charges against me.

It was the general's staff that read the Naval Criminal Investigative Service (NCIS) report and started the legal process moving. It was his staff that had charged me with two counts of premeditated murder, destruction of civilian property, dereliction of duty, and conduct unbecoming an officer. It was his staff that didn't think the matter warranted more research, more interviews, or more information before they drafted charges. It was his staff that concluded sufficient cause to go after a Marine lieutenant, perhaps to make an example, in order to pressure the good order and discipline of the service. It was his legal advisor that felt confient to charge the max, and it was is legal advisor whose balls would be in a sling if this didn't go the way he wanted. If this didn't proceed at least to a court-martial, whoever had put this together would be hating life. Oh, and General Huck happened to be the guy who was going to review Winn's fitness reports, in effect, controlling his future career. Great.

WARLORD Ilario Pantano page 35

________________________________

To All:

Lookee here! WARLORD is just out in paperback!
So no more excuses, ya cheapskates! Buy it now:

[RedRover]

Lookee above, ma! Now in paperback! Just the thing for your four nephews: freefrugal, freetightwad, freemiser, and freepennypincher!

[freema]

I've not been able to finish the book. Here's where I stopped:

I was in the chow hall at Camp Fallujah eating lunch with Mulvaney, one of my fellow platoon commanders from TBS and IOC. He got buzzed on his radio to fire up the Quick Reaction Force. Off he went. I wallowed in my uselessness, dumped my tray of uneaten chow, and headed to the COC to see what was going on. Then I heard a captain yelling in the hallway, "Easy has taken casualties." I raced down to the COC, which was getting crowded as news spread of Marines in contact. The unit log looked like this:

1215 EASY MORTARED FROM SOUTH
1220 EASY MORTARED FROM NORTH

Twice. Hadn't seen that before.

1223 EASY 3 QRFS
1227 EAST 3 AMBUSHED

My heard was thudding, slow, then fast. I wanted to scream.

My boys had been ambushed ARFing the mortars. CAAT Blue swooped down from the north in their gun trucks, and initial reports of enemy KIAs had the room cheering. Then elation subsided, as all that was found were blood trails. The enemy, once again, had faded away, dragging their dead and wounded with them. By all accounts it was a platoon~plus-sized element, at least thirty.

(Later investigation revealed that the insurgents had dug fighting holes for their crew-served weapons. One was a 12.7 mm heavy machine gun that was able to punch through the titanium armor on the big truck. That was what wounded our Marines.)

A platoon of insurgents...Why? My only thought was that they hoped the BBC was still with us. If they could kill some Marines in front of a news crew, a European news crew no less, they knew they would score big points. The Marines had been notoriously tight-lipped about the where, when, and how of our casualties. Usually, the only information we released was that Marines had been killed or wounded conducting security operations in the al Anbar Province."

That was our way of hiding the blood trails.

Much later, I got a note from Sergeant Word describing the ambush. His message carried the ragged immediacy of an ambush and counter-ambush.

FOB took mortars that were very well adjusted. So the CO told Glew to get someone out and find them. So Glew told 2nd squad to load up, but after a couple of min. they were taking too slow so 1st squad loaded the trucks Victor 1: Word, McPherson, Chicas, Brown, Gocadack. Victor 2: Magdaleno, Sacchi, Perry. Victor 3 (7-ton): Doc, a driver, Smith, Johnson. Victor 4: Braun, Davis, Dunham. We went to the south found nothing & went to the north at FOB exit north on "Bristol." We held there to get a grid from the CO when all hell broke loose. They started the ambush with an RPG aimed at Victor 1 which bounced off the front of it, then it was pure hell. Chicas' bolt blew up. He switched to his 40 mm and had a direct hit on two guys, it was a great shot. Then the 7-ton hauled ass out of the fight and we moved to block the rounds while it went back to the FOB. I knew something was wrong but did not know what. But what happed was Johnson was trying to jump over the center set to get where he could fire got hit several times in the right arm and he went down. Smith then stopped firing and started to treat Johnson while his truck was under heavy .50 cal (12.7 mm) AK-47, RPG, and 7.62 machine gun rounds. A .50 cal armor piercing round went though the side of the truck and fragged and several pieces of frag hit him in the face and he fell. Johnson tried to help him out. Doc saw what happened and pulled the machine gunner down and grabbed his medic bag and crawled through gunners hole and started to apply life saving aid. He had a tourniquet on Johnson and field dressing on Smith by the 3 min drive back to the FOB, that was when I heard on the net that they were calling in a medevac, we were still in the fight when dust off came, no one knew what happened but me until we got back to the FOB. ~~~~~~~~~~

Maybe Domenico's birthday present was that his daddy was still alive. Maybe the wretched truth in sitting here on a folding chair in a Camp Fallujah tent, while my men fought for their lives, was that this April 15 shooting investigation had saved my life. Maybe killing those two insurgents at the white car beside the darkening canal had saved my life twice. That day, and this day, Father's Day.

Page 274 WARLORD Ilario Pantano

[freema]

That about sums it up, Red! The hardback is a better value... even though I haven't read all of it, our copy is getting worn.

[freema]

I agree at first Maliki's influence may have had some impact.

But jack murtha jumped on it like a necrophiliac on a dead body that needed (a) head.

Too convenient, too easy. The left will sacrifice this country, what's a few good men?

[RedRover]

The Left can have Karl Marx and Al Gore.
I'll take Saint Michael any day.

[lilycicero]

But jack murtha jumped on it like a necrophiliac on a dead body that needed (a) head.

You never let me down.

[freema]

Here is the original version of the prayer to St. Michael, written by Pope Leo XIII in 1884. The shorter version follows, which is the version said after low Masses.

Prayer to Saint Michael the Archangel

Most glorious Prince of the Heavenly Armies, Saint Michael the Archangel, defend us in “our battle against principalities and powers, against the rulers of this world of darkness, against the spirits of wickedness in high places” (Ephes., VI, 12). Come to the assistance of men whom God has created to His likeness and whom He has redeemed at a great price from the tyranny of the devil. Holy Church venerates thee as her guardian and protector; to thee, the Lord has entrusted the souls of the redeemed to be led into heaven. Pray therefore the God of Peace to crush Satan beneath our feet, that he may no longer retain men captive and do injury to the Church. Offer our prayers to the Most High, that without delay they may draw His mercy down upon us; take hold of the dragon, “the old serpent, which is the devil and Satan,” bind him and cast him into the bottomless pit “so that he may no longer seduce the nations” (Apoc. XX.2).

In the Name of Jesus Christ, our God and Lord, strengthened by the intercession of the Immaculate Virgin Mary, Mother of God, of Blessed Michael the Archangel, of the Blessed Apostles Peter and Paul and all the Saints, we confidently undertake to repulse the attacks and deceits of the devil.

"Let God arise, let His enemies be scattered; let those who hate Him flee before Him. As smoke is driven away, so drive them away; as wax melts before the fire, so the wicked perish at the presence of God. " (Ps. 67)
V. Behold the Cross of the Lord, flee bands of enemies.
R. He has conquered, the Lion of the tribe of Juda, the offspring of David.
V. May Thy mercy, Lord, descend upon us.
R. As great as our hope in Thee. (at the "+" make the sign of the Cross)

We drive you from us, whoever you may be, every unclean spirit, all satanic powers, all infernal invaders, all wicked legions, assemblies and sects; in the Name and by the power of Our Lord Jesus Christ, + may you be snatched away and driven from the Church of God and from the souls made to the image and likeness of God and redeemed by the Precious Blood of the Divine Lamb. + Most cunning serpent, you shall no more dare to deceive the human race, persecute the Church, torment God’s elect and sift them as wheat. + The Most High God commands you. + He with whom, in your great insolence, you still claim to be equal, “He who wants all men to be saved and to come to the knowledge of the truth” (1 Tim., 11.4). God the Father commands you. + God the Son commands you. + God the Holy Ghost commands you. + Christ, God’s Word made flesh, commands you. + He who to save our race outdone through your envy, humbled Himself, becoming obedient even unto death” (Phil, 11,8); He who has built His Church on the firm rock and declared that the gates of hell shall not prevail against Her, because He will dwell with Her “all days even to the end of the world” (St. Mat., XXVIII,20). The sacred Sign of the Cross commands you, + as does also the power of the mysteries of the Christian Faith. + The glorious Mother of God, the Virgin Mary, commands you. + She who by her humility and from the first moment of her immaculate Conception, crushed your proud head. The faith of the Holy Apostles Peter and Paul and of the other Apostles commands you. + The blood of the Martyrs and the pious intercession of all the Saints command you. +

Thus, cursed dragon, and you, diabolical legions, we adjure you by the living God, + by the true God, + by the holy God, + by the God “who so loved the world that He gave up His only Son, that every soul believing in Him might not perish but have life everlasting” (St. John, III); stop deceiving human creatures and pouring out to them the poison of eternal damnation; stop harming the Church and hindering her liberty. Begone, Satan, inventor and master of all deceit, enemy of man’s salvation. Give place to Christ in whom you have found none of your works; give place to the One, Holy, Catholic and Apostolic Church acquired by Christ at the price of His Blood. Stoop beneath the all-powerful Hand of God; tremble and flee when we invoke the Holy and terrible Name of Jesus, this Name which causes hell to tremble, this Name to which the Virtues, Powers and Dominations of Heaven are humbly submissive, this Name which the Cherubim and Seraphim praise unceasingly repeating: Holy, Holy, Holy is the Lord, the God of Armies.
V. O Lord, hear my prayer.
R. And let my cry come unto Thee.
V. May the Lord be with thee.
R. And with thy spirit.

Let us pray.

God of Heaven, God of earth, God of Angels, God of Archangels, God of Patriarchs, God of Prophets, God of Apostles, God of Martyrs, God of Confessors, God of Virgins, God who has power to give life after death and rest after work, because there is no other God than Thee and there can be no other, for Thou art the Creator of all things, visible and invisible, of whose reign there shall be no end, we humbly prostrate ourselves before Thy glorious Majesty and we beseech Thee to deliver us by Thy power from all the tyranny of the infernal spirits, from their snares, their lies and their furious wickedness; deign, O Lord, to grant us Thy powerful protection and to keep us safe and sound. We beseech Thee through Jesus Christ Our Lord. Amen.
From the snares of the devil, deliver us, O Lord.
That Thy Church may serve Thee in peace and liberty, we beseech Thee to hear us.
That Thou may crush down all enemies of Thy Church, we beseech Thee to hear us.
http://www.stjosephschurch.net/leoxiii.htm

sleep tight, Red, and don't let the enemy bite.