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Lieutenant in Hamdania case reprimanded, restricted to base
By: MARK WALKER - Staff Writer | ∞
CAMP PENDLETON ---- A Marine officer who once faced possible imprisonment for assaulting Iraqi detainees last year has been given a letter of reprimand, restricted to base for 30 days and ordered to forfeit half of his pay for one month.
The punishment meted out Thursday to 2nd Lt. Nathan Phan stemmed from his role in the handling of three suspected insurgents in the village of Hamdania northwest of Baghdad last spring.
"Lt. Phan and his family are very happy with the results," said David Sheldon, Phan's lead attorney. "His only wish now is that he be allowed to continue to serve in the Marine Corps that he loves."
Phan, 24, commanded a platoon from Camp Pendleton's 3rd Battalion, 5th Marine Regiment. Eight men under his command were charged last June with the slaying of a retired policeman in Hamdania in April 2006, a killing in which Phan was not accused of participating in or knowing about beforehand.
An investigation of the homicide case led to the assault charges against Phan in August along with one count of filing a false statement.
The charges accused the Sacramento-area native of taking part in the beating of three insurgent detainees in the weeks before the homicide and misleading commanders on whether one of the detainees was still in his custody.
Following a tumultuous five-day hearing at Camp Pendleton in January, Phan was ordered to court-martial on two of the assault charges. The court-martial was rescinded, however, when Phan agreed earlier this year to admit he did not precisely follow all the regulations in his treatment of the detainees.
Five of the eight men charged in the homicide case reached plea deals and were sentenced to jail terms ranging from 12 months to eight years. As part of his settlement with prosecutors and Mattis, Phan will be required to testify at upcoming trials of the remaining three defendants if called.
As part of his deal with prosecutors, Phan admitted exceeding "the permissible limits of the official rules of engagement regarding interrogation of insurgents."
He also acknowledged ordering squad Sgt. Lawrence Hutchins III, a defendant in the homicide case, to use a "blood choke" hold on one detainee, rendering that man unconscious, and he admitted pointing an unloaded pistol at another detainee.
The sanctions Phan received were decided Thursday morning by Lt. Gen. James Mattis during an appearance before the general in what the Marine Corps calls a "nonjudicial punishment." The letter of reprimand will go into Phan's permanent personnel record. Mattis suspended 30 days of a 60-day base restriction and suspended one month of his order that Phan be put on half-pay for two months.
Mattis serves as the convening authority over Marines accused of criminal activity as head of Marine Corps forces in the Middle East and as head of Camp Pendleton's I Marine Expeditionary Force.
Sheldon said he believes the punishment is appropriate.
"He made a minor mistake in judgment but in the end is an outstanding officer," the attorney said during a telephone interview.
Sheldon also said the result is a repudiation of the recommendation of the hearing officer that presided over the case and recommended Phan face trial on charges of assault as well as conduct unbecoming an officer. Phan could have been sentenced to 10 years in prison if convicted of the criminal assault charges.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
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Daneil wrote on Jun 1, 2007 4:53 AM:Wow! The Hearing Officer recommends Court Martial on significant charges and he is overridden and Phan is given non-judicial punishment -- is this an indication that Mattis is losing confidence in those HE APPOINTS to be hearing officers on these cases? It seems military justice is just as subjective and fickle as civilian justice; I would think these guys deserve better since they're risking more for our sake, voluntarily.
Concerned-1 wrote on Jun 1, 2007 8:12 AM:More evidence that our president is totally disconnected from reality and we need to get the hell out of that mess, NOW
It's wrote on Jun 1, 2007 3:53 PM:Not enough.
John1 to Daneil wrote on Jun 1, 2007 4:39 PM:Mattis' Staff Judge Advocate undoubtedly reported the Investigating Officer lost control of the Article 32 hearing and the evidence presented was sketchy at best and totally inadequate for conviction at worst. They didn't have a case and browbeat this settlement out of Phan since they knew he wanted to stay in the Marines.
AW4cryinoutloud wrote on Jun 1, 2007 5:03 PM:Ya gotta give the prosecution and the brass credit. At least the officers are being protected. Lord knows they never give orders to anyone to do anything. If Phan is now squeaky clean, then he should have only good things to say about the men under him, right? No? Oh! I never would have thunk it! If Phan now admits he ordered Sgt. Hutchins to do something, perhaps we'll learn that the Sergeant was ordered to do more than we know. Sounds plausible to me. Unless of course, you're not talking about Justice. Oh! That's right. We're Not!!!
MLS wrote on Jun 1, 2007 11:05 PM:General Mattis is smart, fair and uncompromising in his support of enlisted and holding officer's accountable. Lt. Phan roughed up a guy, inadvertently creating a lax command climate that induced his subordinate to further push across the line of acceptable action. His punishment fits and is neither a cover up or malicious prosecution--justice was served. If you think the results were flawed, get a plane ticket to Iraq and go lend a helping hand. The Bronx Cheers from the cheap seats ignore there's never a 'feel-good' happy ending when someone is truly held accountable for their mistakes.
MLS you are wrong wrote on Jun 3, 2007 1:17 AM:Your comment is crazy! This action proves how the Brass is allowing the enlisted me to take the fall for a lack of leadership in the command as a whole. I don't know who you think sit it in the "cheap seats" but as far as I know there are a few young women out there fighting for justice in the case of their own husbands. Mattis has been unfair over and over and over. He is making damn sure he hides any evidence that might favor the 3/5 Marines fighting for their own personal freedom. It is typical that you with such a comment you would be on a high horse. It strikes me as a sin that Lt., Capt. Major they all get the high awards when something goes good but when it goes bad they want to hold the enlisted man accountable. This man (Phan) was a leader of a group; he failed them and now he will testify against them to save his own hyde. But maybe that is just the view from the "cheap seats".
John1 to MLS wrote on Jun 3, 2007 10:41 AM:General Mattis cares not one whit for Lt. Phan or the men under Phan's command. Surely the General is smart. Fair and uncompromising? Neither. He has not been fair to the Hamdanina defendants and his position as a Theater Commander makes him by definition a political compromiser.
AW4cryinoutloud wrote on Jun 3, 2007 1:12 PM:To MLS: February, 2004. In the case of the death of an Iraqi named Hatab, NCIS was accused of Unethical Methods. Gee, imagine that. The Executive officer, during testimony, said that influence by Maj.Gen.James Mattis, the division's commanding general, set the accusatory tone for the Hatab investigation. This was 2004!!! Ever heard of Unlawful Command Influence? Times haven't changed. NO one has done a thing about it and our troops pay the price; TOO high a price.
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