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To: MindBender26; R. Scott; flightline; jokar; El Gato; freema; lilycicero; pinkpanther111; Girlene; ...
More details in this story by the AP

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.

48 posted on 01/29/2007 4:32:46 PM PST by RedRover (They are not killers. Defend our Marines.)
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To: RedRover

Title it a shouting match, but if they come out and say it's a brawl, then we know Gen Mattis will take it to trial.


49 posted on 01/29/2007 4:51:03 PM PST by lilycicero (I believe SSGT Frank Wuterich did his job well.)
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To: RedRover

BIG MAIL!!!!


50 posted on 01/29/2007 4:55:06 PM PST by lilycicero (I believe SSGT Frank Wuterich did his job well.)
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To: All; pinkpanther111; Girlene; freema; lilycicero
I found some interesting reader comments posted to this story on the NC Times website. Here's a selection.

morty wrote on January 28, 2007 3:23 PM: "I'VE SAID ALL ALONG THESE MEN DESERVE A MEDAL. THANK GOD SOMEONE IS AWAKE ON THIS COLD DAY.GIVE THEM ALL ONE."

I agree! wrote on January 28, 2007 4:10 PM:"This is another good man being railroaded by the NCIS! Where is the FBI? They need to come in and do an overhaul of this federal agency!"

AW4cryinoutloud wrote on January 28, 2007 5:08 PM:"In this article it's reported that Pigott "screamed" at Mr. Sheldon when he requested reconsideration of whether so-called classified evidence could be made part of the official record. I thought we ALL wanted to see Justice. I thought we ALL wanted to hear the Whole Truth; All of the evidence. What the hell is going on with this farce of a case? To scream at a defense attorney who is trying to defend his client and deny him that right; to scream at him to sit down and stay quiet...That really smacks of cowardice and lack of seeking justice on the part of the prosecutor. Pigott's apparent attempt to discredit Sheldon by asking if Sheldon had threatened him, is so obvious and a tactic to not be admired. Sheldon didn't "swear at" Pigott. He commented on the ruling. When is Mattis, who seems to have been a warrior at one time, going to man-up and stand up against this politically INCORRECT crap? NCIS: "Protect the Protectors". Best move they could have made was to take that off their website. Marines take care of their own... NOT what I thought it meant for so many years. It has a whole new meaning today. If there is any dishonor, it does not reside in the Brig!!! "

mark wrote on January 28, 2007 7:45 PM:"Judges screaming at the defence attorneys? If this were a civilian trial and not a military article 32 hearing it would never in a million years hold up on appeal. I have never in my life heard of a judge threatening a witness with a perjury charge before he has even testified. I think what normally happens is that the prosecution can bring up evidence when it is their turn to discredit the witness. I don't think it speaks well of Lt Col Pigott judicial temperament that he is pron to screaming tirades and threats. He really should have been seated at the prosecution's table during these proceedings. I feel sorry for Kraus obviously if he insists he's innocent of perjury the NCIS will interpret that as an admission of guilt."

John1 wrote on January 28, 2007 8:02 PM:"Lt.Col Pigott's job is to act as the impartial Investigating Officer. My son had an impartial IO (Lt. Gen Mattis chose not to take most of the results of his investigative report). Lt.Col Pigott has already stated on the record that without further investigation on his part, he feels the NCIS has told the truth. That's too bad. Fortunately, he covered his heinie by putting forth the request that Lt. Gen Mattis investigate. That probably won't happen."

John1 to Mark wrote on January 28, 2007 9:26 PM:"There are pluses and definite minuses to the military system. One of the usual pluses is the Article 32 adversarial investigation system. It's much better than the Grand Jury system (where a prosecutor can indict a ham sandwich). But even in the military system, the prosecutors run the show right up to trial. I would NOT worry about what Pigott does- his report will be tainted; my guess is that Lt Col Cord and Mr. Sheldon will file a brief with the supervising Circuit Judge (Col Folsom) for the USMC Western District and may even ask for a NEW Article 32 with a new IO. If that's turned down, my further guess is that the defense will file an interlocutory appeal to the Court of Appeals of the Armed Forces (CAAF). Lt. Col Vokey ( Lt. Col Cord's boss) will probably also object formally (with a USMC JAG investigation) and when the matter comes to any trial (if it does), you can be sure Sheldon and Cord will not accept Lt. Col Pigott as trial judge. Pigott cooked his own goose (I would not want to see his next fitness report- he'll never see bird colonel now)."

NCIS is out get every Marine! wrote on January 29, 2007 8:22 AM:"Many in the NCIS don't pak it and have to push the Marines around at any moment they can! Most marines dont respect these guys and it is apparent they will push you down if you get in their way!"

NCIS are flunkies! wrote on January 29, 2007 8:32 AM:"This group intregrated in 1999 and was fully combined in 2000 with the Marine Corps' investigative arm! As reported on the NCIS website! What a mistake that was! These guys do not have a clue and clearly are and were not prepared for the harsh reality of war and crime on the battle field! CBS sure trys to make them look good! If you have ever served you know that is all a bunch of do do! The military commander is supreme and in charge! These NCIS Agents would be taken out by armed guard to get the hell out of a commanders office! Please! I think these NCIS loosers involved in this case have been watching to much television and starting to believe what Hollywood is spitting out idiots!"

51 posted on 01/29/2007 5:01:07 PM PST by RedRover (They are not killers. Defend our Marines.)
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To: RedRover

Well, are they coming to America, or not?

http://www.nctimes.com/articles/2007/01/11/news/top_stories/1_01_150_10_07.txt
January 11, 2007


Iraqis being brought to Camp Pendleton to testify in criminal cases

By MARK WALKER --- Staff Writer

CAMP PENDLETON ---- The Marine Corps is working to bring four Iraqis to the U.S. later this month to testify in the cases of three Camp Pendleton Marines accused of assaulting Iraqi civilians in the village of Hamdania last year.


Special Report

Chief Warrant Officer Wesley Wagner testified during an Article 32 hearing for 2nd Lt. Nathan Phan, accused of assaulting three Iraqis on April 10, that arrangement are being made to bring one of the alleged victims and three other witnesses to the U.S. later this month.

If the witnesses are brought to Camp Pendleton, they would be the first Iraqis to testify in the two criminal cases brought last year against members of a Kilo Company platoon from the 3rd Battallion, 5th Marine Regiment.

In June, the Marine Corps charged seven Marines and a Navy medical corpsman with murder in the April 26shooting death of a retired Iraqi policeman. In the course of that investigation, the alleged assault case emerged resulting the charges against Phan, a 26-year-old platoon leader from the Sacramento area.

In the homicide case, three Marines and the corpsman have pleaded guilty to lesser offenses and are serving jail terms ranging from 12 to 21 months.

One of those who pleaded guilty in the killing of Hashim Ibrahim Awad, former lance corporal and now Pvt. Jerry Schumate Jr., is expected to testify this afternoon about his knowledge of the assault case.

This morning, Lance Cpl. Saul Lopezromo testified that he took part in the beating of one of the Iraqis U.S. authorities are attempting to bring to the base to testify, Khalid Hamad Daham. The 22-year-old Lopezromo said that Daham was known as a former intelligence officer in the regime of now-executed Iraqi president Saddam Hussein and was someone who had disrespected Marine Corps presence in the area.

The beating was part of an effort to "send a message" to the village about insurgent activity and the need to respect what the Marine Corps was doing in the area, Lopezromo testified.

He also testified that while he witnessed other beatings as well as having taken part in the baeting of Daham, he never saw Phan strike that man or any other Iraqi.

Of the other men Phan is accused of beating, one was killed by insurgent in June, the court was told, and the other is refusing to cooperate with U.S. authorities.

The hearing to help determine if Phan will be ordered to court-martial is scheduled to continue Friday and possibly Saturday. At the conclusion, hearing officer Lt. Col. William Pigott will recommend to Lt. Gen. James Mattis what action should be taken.

Also charged with assault is Sgt. Lawrence Hutchins III, also a defendant in the homicide case, and Cpl. Trent Thomas. When Shumate pleaded guilty in the homicide case, an assault charge against him was dismissed.


57 posted on 01/29/2007 7:06:24 PM PST by freema (Marine FRiend, 1stCuz2xRemoved, Mom, Aunt, Sister, Friend, Wife, Daughter, Niece)
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