CAMP PENDLETON -- The political storm over abuses at the Abu Ghraib prison in Iraq cast a long shadow over Camp Pendleton on Monday as attorneys began selecting jurors for the court-martial trial of a Marine reservist charged in the death of an Iraqi prisoner of war last year.
A military judge and civilian defense attorney grilled 10 prospective jurors to gauge how the photographs, media coverage and rank-and-file chit-chat about the abuses at Abu Ghraib might taint their judgement of the case.
The 10 jurors interviewed Monday, all of them officers, were among a pool of 13 who could be selected to hear the case of Sgt. Gary Pittman, who is accused of assaulting 52-year-old Nagem Sadoon Hatab before the Iraqi prisoner was found dead at a temporary detention facility at Camp Whitehorse outside Nasiriyah in June, 2003.
"(Abu Ghraib) has absolutely no relevance," Marine Judge Col. Robert Chester warned the assembled jurors Monday before they appeared individually for questioning. "It has absolutely no bearing in this case."
Attorneys on both sides are expected to begin opening arguments today.
Pittman, 40, a reserve infantryman from New York who works as a federal prison guard in the civilian world, pleaded not guilty Monday to a charge of assault and battery for allegedly hitting and kicking Hatab. He also pleaded not guilty to separate charges of maltreatment and dereliction of duty for allegedly not protecting Hatab under the laws of war.
Hatab, 52, was believed by Marines to be a former Baath Party official who had a role in the ambush of the Army convoy that included American Pvt. Jessica Lynch in March 2003. Hatab's connection to the ambush and links to the former ruling party were never established, according to reports by the Associated Press.
Hatab was captured and brought to the makeshift detention center at Camp Whitehorse on June 3, 2003, apparently in good health, according to witnesses who have testified in a series of hearings leading up to the trial.
After at least two alleged altercations with Pittman and other troops from the 2nd Battalion, 25th Marine Regiment, Hatab was dragged about 30 feet by the neck June 5, 2003, and then left laying in the hot sun after the Marines were alerted to a possible attack by townsfolk on their camp.
Hatab was found dead and covered in his own filth just after midnight June 6, 2003.
The medical examiner and forensics experts have disagreed on what killed Hatab. A preliminary investigation discovered that Hatab had numerous broken ribs, extensive bruising and a broken bone in his throat. A medical investigator in the case initially believed the broken bone led Hatab to slowly suffocate.
The defense won a motion Monday to bring in a military forensic's expert who will dispute the intitial findings, however.
Eight Marines were originally charged in connection with Hatab's death. After a series of hearings, charges against five of the Marines were dropped or handled administratively.
Another member of 2nd Battalion, 25th Marine Regiment accused of dragging Hatab by the neck was punished without going to trial and was given immunity for testifying against the remaining two defendants: Pittman and Maj. Clarke Paulus, who was the officer temporarily in charge of the camp at the time Hatab died.
Paulus, who is an active duty officer who volunteered to deploy with the reserve unit to Iraq, will also stand trial after jurors reach a verdict on Pittman. Chester said he expected Pittman's trial to last about a month.
Neither man is accused of killing Hatab.
Opening arguments are expected today when attorneys and Chester pare down the jurors from 13 to a range from five and eight.
Aside from questions on their feelings about Abu Ghraib, Chester and defense attorney John Tranberg questioned the prospective panel's involvement detaining prisoners of war, experience in law enforcement, and their own exposure court as defendants or jurors.
All of the jurors in court Monday were officers, including three colonels, four lieutenant colonels, one major, four captains and a lieutenant. Only one of the jurors had not been to Iraq.
Pittman had a choice of an all-officer jury, a mixed jury of officers and noncommissioned officers, or a summary judgement by Chester.
The 13 members who appeared Monday were selected from about 50 eligible and available officers from Camp Pendleton.
Contact staff writer Darrin Mortenson at (760) 740-5442 or dmortenson@nctimes.com.
Posted in Local on Tuesday, August 24, 2004 12:00 am Updated: 11:31 pm.
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