Let us hope the good general shall carefully weight the options regarding these Marines futures. I believe we shall ultimatly see a fair ruling from him. He certainly is a honorable man and Marine.
Iraq assault hearing ends with shouting match
The Associated Press
CAMP PENDLETON--A military hearing for a Marine accused of assaulting three Iraqis ended Sunday with a shouting match between a civilian defense attorney and the investigating officer overseeing the proceedings.
The Article 32 hearing was to determine whether 2nd Lt. Nathan Phan, 26, should be court-martialed for the attacks last April 10 near Hamdania. He is also charged with making a false official statement.
After investigating officer Lt. Col. William Pigott announced the hearing was over, defense attorney David Sheldon stood up and asked to add something to the record. Pigott ordered him to sit down and said: "This hearing is closed."
Sheldon would not quiet down and the two got into a verbal confrontation, with Pigott shouting: "Don't threaten me, don't swear at me we're done."
Military prosecutors and defense attorneys already had finished their closing arguments. Prosecutor Maj. Donald Plowman said Phan ordered other military personnel to torture detainees, citing sworn statements from Sgt. Lawrence Hutchins III that "Lt. Phan was the brains, I was the muscle."
Plowman said Hutchins claimed Phan did all the talking and threatening and occasionally "smacked" a detainee.
Military defense lawyer Lt. Col. Matthew Cord said Phan could not get a fair trial because two of the three Iraqis who allegedly were assaulted won't be available to testify if Phan is court-martialed.
Cord called the government's case "troubling," especially because so much credence had been given to Hutchins. Cord said the government had called Hutchins a murderer and liar except when favorable to its case.
The lawyer said the government didn't come close to proving its case against Phan.
"He deserves a medal they're trying to put a knife in his back," Cord said.