SAN DIEGO -- A training exercise designed to simulate the harrowing ordeal of an enemy interrogation of a captured Marine turned into an all-too-real nightmare for a Marine from Tennessee, according to a lawsuit that is expected to go to trial next week.
The former Marine, Jesse Klingler, has alleged in the lawsuit that an actor playing the role of the interrogator permanently injured him when he placed an AK-47 containing blank ammunition against Klingler's right thigh and fired the gun.
The lawsuit alleges Klingler ended up being medically discharged from the military and suffers from post-traumatic stress disorder.
Klingler's attorney, Robert Gaglione, said Klingler "lives in constant pain" and is disabled.
Klingler filed the lawsuit about 13 months ago against Stu Segall Productions Inc., which runs a motion picture and TV studio in San Diego. The suit also names as defendants Strategic Operations Inc., which creates realistic training scenarios on Stu Segall Productions' lot, Ali Mohammad Mohsen, the man who played the role of the interrogator, and others.
The legal claims in the lawsuit include allegations that the production companies and their employees were negligent in several areas and inflicted emotional distress on Klingler.
Gaglione said Stu Segall Productions and Strategic Operations contracted with the Marine Corps to provide the realistic training.
Stu Segall Productions and Strategic Operations are represented by attorney Michael I. Neil, a Vietnam veteran and retired U.S. Marine Corps Reserves brigadier general who served as commanding general of Camp Pendleton during the Persian Gulf War.
In a voice mail message late Thursday afternoon, Neil said that the incident at issue in the lawsuit was an "unfortunate training accident" during a scenario directed by other Marines.
Neil said Klingler was injured and lost some tissue out of his leg, but that he did not suffer a "serious or major injury by any means."
"They want too much money for an injury that simply isn't worth that," Neil said.
The lawsuit does not specify how much money Klingler is seeking, but Neil said Klingler's attorney has asked for more than $1 million.
Mohsen's attorney, Scott Loeding, declined to comment on the case.
Gaglione said Klingler was an 18-year-old Marine stationed in Hawaii when his unit came to Marine Corps Air Station Miramar in September 2004 for training before deployment to Afghanistan or Iraq.
Originally filed in September 2006, the lawsuit said the training was to include actors skilled in the use of military weapons and explosives. Klingler was chosen to play the role of a captured Marine, the lawsuit alleged.
During the mock interrogation, Klingler's mouth was gagged, his eyes were blindfolded and his wrists and ankles were bound behind him, the lawsuit alleged.
Mohsen and others screamed at, kicked and struck Klingler with their hands and feet during the interrogation scenario being played out, the lawsuit alleged.
At one point, the AK-47 was pressed into Klingler's crotch area and the trigger was pulled, with Klingler hearing the sound of a "rifle dry fire," the lawsuit alleged.
The weapon was then loaded with blank ammunition, according to the suit. Mohsen is alleged to have placed the gun up against Klingler's right thigh and pulled the trigger.
Even blanks come out with great force and guns are supposed to be 15 feet away when they are fired, Gaglione said.
"He (Klingler) lives today with a giant scar and a big muscle mass lost," Gaglione said.
Neil said a Stu Segall Productions employee "just forgot" that a blank can cause injury if someone shoots it too close.
The lawsuit alleged Klingler was then pressed against the ground and the weapon was fired again, causing burning and trauma to his left thigh.
The AK-47 was then pressed against the back of Klingler's neck before other Marines broke up the scene, the lawsuit alleged.
After the incident, Klingler underwent surgery, was placed on convalescent leave, spent nine months on light duty and was medically discharged, according to the suit.
Today, Klingler attends college in Tennessee and sees a psychiatrist for post-traumatic stress disorder, Gaglione said.
A Superior Court judge is scheduled to call the case today for trial. Jury selection could begin around the middle of next week, Gaglione said.
Contact staff writer Scott Marshall at (760) 631-6623 or smarshall@nctimes.com.
Posted in Sdcounty on Friday, October 12, 2007 12:00 am Updated: 6:16 pm.
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