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MILITARY: Marine reservist faces court-martial for security breach

Master Sgt. Reinaldo Pagan trial starts Friday at Camp Pendleton

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A Marine reservist accused of removing secret documents at Camp Pendleton and sharing them with civilian law enforcement officials goes on trial at Camp Pendleton on Friday.

Master Sgt. Reinaldo Pagan, who also is a member of the Hayward Police Department, is accused of dereliction of duty and failing to safeguard classified information.

He also is accused of stealing an M-16 rifle. Pagan is considered innocent unless the charges are proven during his court-martial, which is expected to last for several days.

Friday's court session is expected to include seating of a military jury and a hearing on what, if any, aspects of the case will be closed to the public and media to protect classified information.

Pagan is one of several defendants accused of removing and faxing classified documents to the Los Angeles Terrorism Early Warning Group, which was not authorized to see the material.

Pagan also is charged with taking documents from Iraq.

His attorney, Kevin Barry McDermott, has maintained the prosecution is unwarranted and that his client successfully passed a polygraph examination.

In June, a second Marine reservist charged in the case pleaded guilty to dereliction of duty, disobeying regulations and conspiracy.

Gunnery Sgt. Eric L. Froboese told a military judge that he knew he was breaking the law when he transferred classified information kept at a base intelligence center to the Los Angeles group.

Froboese faces a maximum of 10 years in prison and a dishonorable discharge, but is expected to get a much lighter punishment. His guilty pleas came after an agreement was hammered out with prosecutors that saw two related charges dismissed. His sentencing is pending and his level of cooperation in the ongoing investigation is expected to be a factor in his punishment.

Military authorities have refused to describe in even a general way what sort of secret information was given to the Los Angeles group. But among the files that were transferred were at least six reports from the Central Intelligence Agency.

The American Civil Liberties Union and others are seeking access to those files to determine if they show any monitoring of Muslim groups in Southern California.

The leak of classified material came to light when a man who worked with Froboese, Gunnery Sgt. Gary Maziarz, pleaded guilty in July 2007 to mishandling classified material and theft of government property.

He was being investigated for stealing "trophy" weapons seized from a cache of guns owned by Saddam Hussein and others when investigators came across secret files while searching a storage locker he had rented in Carlsbad.

Maziarz was sentenced to 26 months in the Camp Pendleton brig, but was released in the spring of 2008 after serving less than two years.

Call staff writer Mark Walker at 760-740-3529.

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