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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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June 1st,
2007 - Lieutenant in Hamdania Case Reprimanded, Restricted to Base |
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Lieutenant in Hamdania Case Reprimanded,
Restricted to Base By Mark Walker North County Times June 1 , 2007 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 The court-martial was rescinded,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. External link: http://www.nctimes.com/articles/2007/06/01/news/top_stories/40_16_246_1_07.txt |