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Home Front: WoT
Prosecutors Give Arguments in Marine Case
2005-05-01
CAMP LEJEUNE, N.C. (AP) - A Marine accused of murdering two Iraqi detainees intended to make an example of them by shooting them 60 times and hanging a sign over their bodies, prosecutors said Saturday during closing arguments in a pretrial hearing. ``There's no other reason why this stellar lieutenant would have used such poor judgment,'' prosecutor Maj. Stephen Keane said. ``It is not up to a 2nd lieutenant to violate the law of war and make an example of people he believes are bad.''

Prosecutors allege that 2nd Lt. Ilario Pantano killed the suspected insurgents in April 2004 after ordering a search of their car. Pantano, a former Wall Street trader who rejoined the Marines after the Sept. 11 attacks, says he acted in self-defense after the men moved toward him. ``Lt. Pantano has told this to virtually every person who asked him,'' defense attorney Charles Gittins said in his closing statement. ``He did exactly what he was required to do under the circumstances.''

Pantano declined to make a statement in court after consulting with his lawyers.

The Article 32 hearing, the military equivalent of a civilian grand jury, will determine whether Pantano, 33, will face a court-martial. After his closing argument Keane said he does not believe the crime deserves the death penalty.

The investigating officer has been given at least a week to make his recommendations.

The five-day hearing came to a close Saturday after Pantano's chief accuser returned to the stand following several days of legal wrangling. Sgt. Daniel Coburn abruptly left the stand Wednesday when he was told he was suspected of violating orders prohibiting him from giving media interviews about the case. He returned to the stand Saturday after being granted immunity from prosecution.

Coburn testified Saturday that he believed the men were going to be brought in for questioning when Pantano ordered the search of their car. However, Coburn also acknowledged that Pantano had stripped him of his job as squad leader and elevated a lower-ranking Marine to replace him. He said he believed his last evaluation, written by Pantano and reviewed by two higher-ranking officers, was a ``career-ender.'' Coburn said he hadn't seen the evaluation before he began to question Pantano's actions.
But he's had plenty of time to nurse a grudge, and act accordingly.
Posted by:Steve White

#6  Or they are going through the motions so the LLL and the MSM can't scream coverup.
Posted by: too true   2005-05-01 1:25:00 PM  

#5  If the only thing the prosecution has is a demoted squad leader on their side this will be a very short Article 32. Convening Authorities are not stupid, but I can't see the prosecution going forward with such an obviously weak case. There has to be more and I mean some physical evidence that we are not privy to yet.
Posted by: Cyber Sarge   2005-05-01 1:04:03 PM  

#4  thx - I was noting Coburn's obvious motives to lie and the fact they granted him immunity, in a prelim phase. This shows me a win-at-all-costs attitude
Posted by: Frank G   2005-05-01 12:42:08 PM  

#3  For the non-military types, the Article 32 investigation is the military version of a grand jury investigation. The Art 32 officer will 'recommend' action to the Courts Martial convening authority whether or not sufficient credible evidence exist to hold a Courts Martial. The CMA can act upon the recommendation, ignor the recommendation, or choose another action, administrative rather than judicial.

The standards of evidence in the military court are the same as any federal court. The credibility of Sgt. Coburn is going to hurt any case the government might have against the LT. And that has got to weigh in to the decision of the convening authority. The authority may choose to convene a courts martial, knowing that the case is weak, if only to clear the LT of any further claims concerning the incident, as he is protected against double jeopardy, at least as far as American courts are concerned.
Posted by: Phavitch Phaviting2667   2005-05-01 12:26:48 PM  

#2  nice - no motive here - nothing to see. Coburn is given immunity? Prosecutorial abuse of power to get a conviction should be a career-ender
Posted by: Frank G   2005-05-01 11:40:26 AM  

#1  The two female milbloggers at Euphoric Reality have been tracking this prosecution.
Posted by: too true   2005-05-01 11:37:02 AM  

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