Hamdania lieutenant ordered to court-martial
By: MARK WALKER - Staff Writer | ∞
CAMP PENDLETON -- A Marine officer who commanded a platoon charged with killing a civilian in Hamdania, Iraq, last year has been ordered to face a court-martial for the alleged assault of two other residents of the village.
Lt. Gen. James Mattis, commander of the I Marine Expeditionary Force and all Marines serving in the Middle East, made the decision in the government's case against 2nd Lt. Nathan Phan last week, said Maj. Jeff Nyhart, a Marine Corps spokesman.
It was announced on Monday, after Phan returned to Camp Pendleton after a leave and was served with the notice of court-martial, Nyhart said.
Mattis rejected a hearing officer's recommendation that Phan also be tried on a third count of assault and dismissed charges of making a false official statement and conduct unbecoming an officer for incidents occurring in Hamdania in March and April 2006.
Phan's lead attorney, David Sheldon, said he believes the 26-year-old will ultimately be exonerated.
"I believe he will be fairly judged on the facts and circumstances and will be vindicated," Sheldon said during a telephone interview from his offices in Washington, D.C. "We hope the case goes to trial by May because Lt. Phan is anxious to resume his Marine Corps career."
Marine prosecutors are forbidden from discussing ongoing cases.
Phan was in charge of a platoon of Camp Pendleton Marines accused in the April 26 abduction and slaying of a retired Iraqi policeman, Hashim Ibrahim Awad. Five of the eight men from the 3rd Battalion, 5th Marine Regiment charged in that case have pleaded guilty.
A Sacramento-area native, Phan was not present when the homicide took place and was not accused of any wrongdoing in that incident. But his attorneys contend that prosecutors leveled the charges of assault and making a false official statement last August after trying but failing to connect him to that case.
During a turbulent five-day Article 32 hearing conducted in January to help determine whether Phan should be court-martialed, conflicting evidence was presented to the hearing officer, Lt. Col. William Pigott.
Three enlisted Marines testified that investigators from the Naval Criminal Investigative Service falsely attributed statements to them linking Phan to the assaults.
The hearing also disclosed that the government had no evidence that Phan filed a false official statement, an accusation rooted in a radio report regarding an Iraqi detainee.
The two assault charges Phan will contest allege that he choked two Iraqi detainees in Hamdania, placing an unloaded pistol against one's mouth and spraying soda pop into the nose of the other and saying it was acid. The alleged incidents took place during an attempt to gather intelligence about insurgent activity in an Anbar province region northwest of Baghdad.
The alleged assaults took place a few weeks before the homicide involving the men under his command.
Formally arraigning Phan and establishing a trial calendar are the next steps in the government's case. Sheldon said the case will be tried before a 12-member panel of Marine officers.
The Hamdania case is separate from allegations that a different group of Camp Pendleton men murdered two dozen Iraqi civilians in the city of Haditha in November 2005. Four enlisted Marines face murder charges in that incident, and four officers are charged with failing to fully report the incident. Trial proceedings have yet to begin in those cases.
In the Hamdania homicide, motion hearings for two of the remaining defendants, Sgt. Lawrence Hutchin III, the squad leader, and Cpl. Marshal Magincalda are set to take place at Camp Pendleton next week.
-- Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
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Let them go wrote on Mar 19, 2007 1:17 PM:Let those Marines go!!! They have to do what they have to do to stay alive over there. The "insurgents" kill our military personnel, contractors and whoever else they can, indiscriminately.... Do you think any of them are standing trial??? Nope.
Two Wrongs Make a Right? wrote on Mar 19, 2007 1:31 PM:Let Them Go completely twists their morals around to accomadate our occupation of Iraq. Funny thing is, the Chimp likes to talk about his "culture of life". Criminal acts in war time threaten the lives of ALL the other troops, who seem to do the job correctly and honorably.
John1 wrote on Mar 19, 2007 1:44 PM:The Government will still try to tie Phan to the Awad case.
Mike in PB wrote on Mar 19, 2007 2:18 PM:George Bush obviously doesn't know how to handle this war. Change the rules of engagement for our soldiers! Our soldiers are not winning this war because the politicians WILL NOT LET THEM!
Concerned-1 wrote on Mar 19, 2007 3:08 PM:If these types of rules of engagment and media reporting were in place during World War II, we'd all be speaking German and Japanese right now.
Confused wrote on Mar 19, 2007 3:09 PM:If Phan can be linked to Hamdania would this be in favor for the Pendleton 8? Wouldn't this help Hutchin's case that he was not the one to give the orders as so many people have liked to say?
John1 to Confused wrote on Mar 19, 2007 4:28 PM:We shall see what we shall see! I doubt it stops at Phan, although the command is trying very hard to draw the "dead end" sign at his rank. The squad did what the squad did, and there's no changing it, but accountability and "daylight" needs to be let in this case.
Rog40 wrote on Mar 19, 2007 4:54 PM:Sheehan and her assault on our military should be tried along with Jane Fonda who should be in prison for treason. Sheehan did not even have custody of her son. I wonder Our country is going down the tubes. Just think if the people in this country would have treated WWII in this manner. WWII was over 60 years ago and we are still in Germany, Italy, Greece, Turkey, England WHY are we there IF YOU DONT KNOW it too KEEP THE PEACE WAKE UP AMERICA, OR WE MAY BE TAKEN OVER BY ?
Al wrote on Mar 19, 2007 7:05 PM:I remember things like this happening in Vietnam. There was an Army Lt that was charged because he followed orders. The brown stuff continues to flow down hill. The Field Grade Officers will do whatever it takes to look good to the promotion board. I always felt that it was the job of every MAring Officer to protect his meen -- NOT COVER HIS ASS. Nasty things happen in any war. It's a nasty business. Let it go and get the job done!!!
War is lost wrote on Mar 19, 2007 9:33 PM:Get over it. Bungling from the top all the way down to junior officers. Somewhere along they way we lost our heart and souls. When we can no longer differentiate murder from war ... we are lost. This war is an abysmal failure from before it started.
John1 to War is Lost wrote on Mar 19, 2007 11:38 PM:To what are you referring and in what context? Phan was not charged with anyone's death!
Notmykids wrote on Mar 20, 2007 1:01 AM:I used to encourage my children when they told me they wanted to join the military. That's gone now. Never again. Not after the way our government officials have treated those who joined, fought and sacrificed for the lazy, slobs sitting in offices in Washington. Bums who couldn't hold a fist to fist fight if a gun were pointed to their empty heads.
AW4cryinoutloud wrote on Mar 20, 2007 1:34 PM:A USA Today article in February reported that Thomas, the day after his CNN interview, told a military judge that his instructions also came from "an unidentified Lieutenant". If true, does anyone really believe that the unidentified Lt. didn't have orders of his own to follow? NCIS in its sloppiness, and the Brass in trying to cover its butt, are sacrificing the lives and futures of those under them. Unlawful Command Influence and Abuse of Power...If anyone wants a definition of the two; just watch the persecution of these Marines.
Bill wrote on Mar 20, 2007 2:04 PM:The paranoia in some of these comments that "we" may be conquered by some unknown, unamed, supposed enemies is scarier than anything that these "enemies" could ever do.
AW4cryinoutloud wrote on Mar 22, 2007 10:33 AM:Does anyone know where the military 'powers that be' come up with their sentences? If Phan is found guilty of "assaulting" the INSURGENTS and a false statement...How do they arrive at a more than 20 year prison sentence and dishonorable discharge? What are the leaders smokin'? One more question: WHY was Sgt. Hutchins not allowed to testify? EVERYONE else has been allowed to testify or make inflammatory statements concerning him. Even Phan's military defense attorney, Lt. Col. Cord said that 2 of the prosecution witnesses against Phan are men who made plea deals and Had Motivation To Testify The Way The Government Wanted. Excuse me; but for those bloggers who think plea deals are confessions...Wake Up!!!!!
John1 to AW4 wrote on Mar 22, 2007 9:24 PM:AW, I don't think Hutch's lawyers want him doing anything like testifying in any case (except his own) until his trial. And in Phan's Article 32, the witnesses called by the prosecution didn't pan out very well, because they did not corroborate the prosecution's story.
AW4cryinoutloud wrote on Mar 22, 2007 11:55 PM:To John1: Thanks. That makes sense. I was looking at it in a negative light. Thanks for staying on the blogs. AW4.
Emily L wrote on Mar 23, 2007 11:42 AM:"Oh. I'm sorry. Never mind."
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