Marine Convicted of Assault

CAMP PENDLETON — After four hours of deliberations Thursday, a court-martial jury convicted a Marine sergeant of assault and dereliction of duty in a case of brutality toward Iraqi prisoners that led the Marine Corps to revise its rules about treatment of prisoners.

Sgt. Gary Pittman, 40, a reservist from New York, faces a maximum of nine months in custody and a bad conduct discharge when the jury meets for a sentencing hearing today. Or he could remain in the corps and receive no jail time.

Pittman remained stoic as he heard the verdict. His wife, Cheryl, sobbed and his brother, an Army major, patted his shoulder. As they left the courtroom holding hands, Pittman’s wife turned to him and cursed the Marine Corps.

The jury convicted Pittman of hitting several prisoners and allowing lower-ranking enlisted personnel to mistreat them. Part of the dereliction charge involved failing to call medics for injured prisoners.

But the jury of nine officers found him not guilty of beating and kicking Nagem Sadoon Hatab, 52, a suspected Baath Party official and hit man for Saddam Hussein. Those charges, if added to the others, carried a maximum punishment of two years and a bad conduct discharge.

Unlike in a civilian criminal trial, court-martial juries need not be unanimous. In this case, only 6 votes for conviction were required. In accordance with military custom, the division of the vote was not announced.

Maj. Leon Francis, the lead prosecutor, said in closing arguments Thursday that Pittman turned Camp Whitehorse at Nasiriyah into “hell on Earth” for prisoners.

Pittman’s civilian defense attorney, John Tranberg, said his client was being unfairly prosecuted on the basis of false testimony from a fellow guard trying to escape prosecution.

After Hatab’s death, the commanding general of the 1st Marine Division ordered a review of detention facility procedures. That review led to additional training, a 60-page manual and a ban on techniques used at Camp Whitehorse such as making prisoners stand for hours and putting bags over their heads.

“These were prisoners of war, civilian detainees. They had rights,” Francis told jurors. “They did not deserve to be kneed, punched and kicked to show dominance over them.”

But Tranberg said it is was illogical and unfair to expect Marines in a war zone to be experts on the nuances of the Geneva Convention, which requires humane treatment for prisoners.

“Maybe it should be standard that a law of war lawyer go with every rifle company going to Iraq, and a paralegal with every squad,” Tranberg said.

With no training and little guidance from Marine headquarters, guards were left to deal with prisoners who were dangerous and duplicitous, including some who were murderers and rapists, Tranberg said.

Pittman, in testimony Wednesday, said he never kicked prisoners and used a minimum amount of force to get prisoners to obey commands. He also denied telling a fellow sergeant that he learned how to dominate prisoners with brute force while working as a federal prison guard in Brooklyn, N.Y.

Charges were initially filed against eight enlisted Marines, all from the 2nd Battalion, 25th Regiment, a reserve unit whose battalion headquarters is in Garden City, N.Y.

After months of investigation and pretrial wrangling, charges against all but Pittman were dismissed or resulted in guilty pleas at administrative hearings. Pittman’s jury heard eight days of testimony.

The court-martial of the commanding officer of the detention facility, Maj. Clarke Paulus, is to begin next week. A second officer is also charged.

The prosecution’s star witness against Pittman was Pfc. William Roy, who admitted punching prisoners, including Hatab. While other witnesses testified that Pittman hit other prisoners, only Roy testified that Pittman abused Hatab.

Roy also admitted painting “2/25 Terrordome” on the front of one of the buildings at the detention facility.

Tranberg called Roy a liar who was testifying against Pittman to “save his own hide.” Roy, 35, a county jail guard in upstate New York, was given immunity from prosecution after pleading guilty at an administrative hearing and being reduced in rank from lance corporal.

Roy testified that Pittman punched and kicked Hatab in the chest while the prisoner was handcuffed and wearing a hood. Hatab died a day later, although Pittman was not charged with the death.

An autopsy suggested that Hatab suffocated from a broken bone in his neck. That injury, an Army pathologist testified, was probably inflicted when a Marine dragged the barely conscious Hatab out of his cell and into an open area at the facility.

The prosecution’s theory is the beating by Pittman left Hatab in great pain and unable to walk, setting off a chain of events that led to him being dragged by the neck and fatally injured. The autopsy found six broken ribs and massive bruises on Hatab’s chest and legs.

The verdict of not guilty on the charges involving Hatab suggests that jurors did not believe Roy. Five witnesses were given immunity in exchange for testifying against Pittman.