Re: USMC Reserve Major Faces Trial in POW Death

Date: April 14, 2004

"Marine reserve major faces trial in POW death

By Rick Rogers UNION-TRIBUNE STAFF WRITER

A Marine Corps reserve officer who volunteered to serve in Iraq is being charged in the death of an Iraqi prisoner of war who died nearly a year ago.

The decision to try Maj. Clarke Paulus, 35, in the death of Nagem Sadoon Hatab ran counter to the recommendation of an officer who heard pretrial testimony in February.

According to that testimony, Hatab entered the Camp Whitehorse detention facility near Nasiriyah in relatively good health, but after his death, an autopsy showed he had several broken ribs and other injuries. An Army medical examiner testified that Hatab died from having his throat crushed.

Paulus commanded the camp when Hatab died.

Col. William Gallo recommended in mid-March that Paulus be dealt with administratively rather than court-martialed.

Instead, Camp Pendleton's commanding officer, Maj. Gen. William Bowdon, decided Friday that Paulus should be tried on charges of dereliction of duty, maltreatment and assault. If convicted, Paulus, who lives in the Philadelphia area, could receive about five years in prison.

"The crux of the charges against Maj. Paulus is that he did not get Mr. Hatab medical treatment," said Keith Higgins, Paulus' attorney. "We are very disappointed and disheartened by the decision that went against the recommendation of a career federal prosecutor."

Gallo, an assistant U.S. attorney in civilian life, made his recommendation to Bowdon after hearing six days of testimony. Bowdon did not have to follow Gallo's recommendation.

"It appears that someone in the Marine Corps wants to find a crime and to convict Maj. Paulus," Higgins said.

Hatab, 52, died while in U.S. custody at Camp Whitehorse in early June. A total of eight Marine reservists from the 2nd Battalion, 25th Marines were implicated in Hatab's death. The charges against some Marines were dropped, while others entered into plea agreements in exchange for testimony.

Higgins said the trial is expected to take place at Camp Pendleton in late summer.

Rick Rogers: (760) 476-8212; rick.rogers[at]uniontrib[dot]com
© 2004 Union-Tribune Publishing Co. "