Posted on 02/15/2005 2:20:29 AM PST by AliVeritas
Americans outraged at the murder charges against a Marine who claims he killed two insurgent terrorists in Iraq in self-defense should have confidence in the military justice system, insists a Marine Corps spokesman.
Ilario Pantano and family (defendthedefenders.org)
Maj. Matt Morgan of Camp Lejeune, N.C., told WorldNetDaily he understands why the public is rallying behind 2nd Lt. Ilario Pantano after news of his case broke Friday.
"Americans have seen what is in the press, and they have a tendency to support the Marines," he said. "On the other side of that, completely unconnected, there is something called the law of war, and it is possible for a Marine to violate that. To say you can't second-guess a Marine -- well, every Marine who deploys has the experience that anything they do can be second-guessed."
(Excerpt) Read more at worldnetdaily.com ...
I think this point is important.
The Marine Corps spokesman contends it's inaccurate to say Pantano has been "charged." "Formal allegations" have been filed, he said, which should not be equated with a criminal indictment.
In an Article 32 investigation -- required in any case in which a court martial is under consideration -- a presiding officer hears the prosecution, allows the defense to cross-examine and present its evidence, then makes a recommendation to the presiding authority -- in this instance Maj. Gen. Richard Huck.
Huck would then have a full range of punitive options, from a general court martial -- the equivalent of a felony trial -- to dismissal.
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