Re: USMC LCPL Exonerated of War Crimes

Date: April 14, 2004

"Marine accused of killing captive exonerated

BY CINDY CARCAMO The Orange County Register

CAMP PENDLETON, Calif. - (KRT) - A Marine accused of killing an Iraqi captive has been exonerated of war crimes and is back home with his family in New York, his attorney said.

Lance Cpl. Christian Hernandez learned Monday that Camp Pendleton's commanding general had cleared him of charges of negligent homicide, cruelty, assault and dereliction of duty, attorney Jack Zimmerman said.

A base spokeswoman was unable to confirm the action or the status of charges against Maj. Clarke A. Paulus and Sgt. Gary P. Pittman.

All three men had been sent to Camp Pendleton while they waited for the 1st Marine Division's commanding general, Maj. Gen. James Mattis, to recommend whether they should be court-martialed.

"(Hernandez is) happy and relieved and excited, but he's concerned for his fellow Marines," Zimmerman said. "While he's pleased with his situation, he's concerned as to what may happen with (Paulus and Pittman)."

If the men are not cleared of wrongdoing, they could each face up to five years in prison.

The three Marines were accused of brutalizing Iraqi prisoners in June at a makeshift camp near Nasiriyah.

Hernandez, a reservist, and Paulus were charged with negligent homicide for the death of Nagem Hatab. The Baath party official was suspected of having ties to the well-publicized attack on Army Pfc. Jessica Lynch's unit during the early days of the war.

Prosecutors said Paulus ordered Hernandez, a guard, to drag Hatab by the neck. An autopsy showed that Hatab, 52, suffered a broken hyoid bone in his throat, leading to a hemorrhage and suffocation.

Paulus also is charged with cruelty and dereliction of duty. Pittman is charged with assault and dereliction of duty.

Hernandez is a husband and father of two. The Queens, N.Y., resident worked as a Delta Air Lines airport agent before he was sent to Iraq.

© 2004, The Orange County Register (Santa Ana, Calif.)"