shocking: Marine being accused... of murder?

Marine Corps 2nd Lt. Ilario Pantano could face the death penalty if convicted of charges made against him last week. The charges? Premeditated murder. The facts? He shot two suspected terrorists during a mission in Iraq. The case is frought with second-guessing, and could be a disaster for future combat operations if the charges aren't dropped. April 2004 was the cruelest month in the Iraq insurgency. It was when the assault on Fallujah took place, as did significant action in Najaf and Sadr City. About one-third of the 147 U.S. servicemen killed that month were Marines. They were killed in firefights and ambushes, and risked explosive devices in the streets " the kind of attacks that require split-second decisions to survive. Lt. Pantano was in precisely such a situation south of Baghdad on April 15. He was leading a quick-reaction platoon raiding a house full of weapons. Two suspected terrorists had emerged from the house, got into an SUV and tried to flee. The lieutenant and his comrades shot out the SUV's tires and made the suspects search the vehicle. When the suspects unexpectedly turned toward Lt. Pantano as if to rush him, Lt. Pantano ordered them in Arabic to stop. They didn't. So Lt. Pantano made a split-second decision to preserve his life and those of his men. It turned out the two suspects were unarmed. Lt. Pantano reported the incident to his superiors, who investigated it and accepted his version of the story. He then served several more months with distinction. Why, then, is he being charged with murder? There's seemingly no good answer. Lt. Pantano is straight out of some romanticized war story. The 33-year-old Hell's Kitchen native left a six-figure salary in New York to serve his country. His mother says of him, "If he has a fault, it is that he is too idealistic and puts moral responsibility and duty to his country and his men before anything else." For that, Lt. Pantano faces criminal charges that could result in death. At a time when the military is being stretched, the Pantano case sends all the wrong signals to servicemen. Finding a few good men will only get harder and harder if overzealous lawyers are permitted to intimidate the troops. In any army, that's a losing formula. Unless it can be shown that Lt. Pantano isn't an exemplary Marine " that is, if new facts come to light showing he and his superiors are misrepresenting what happened on April 15 " we call on the Pentagon to drop the spurious charges against Lt. Pantano. As far as any outsider can tell, he acted in good faith in a life-threatening situation. He shouldn't be punished for it.

Marine's lawyer: Corps changed story on charges
Marine Corps has issued what seems to be conflicting statements on the legal status of an officer who fatally shot two Iraqis, leading his attorney to contend commanders are split on the decision to charge him with premeditated murder in the combat deaths. Last week, the Corps initially announced that 2nd Lt. Ilario Pantano faced unspecified charges in the shooting deaths. Lt. Pantano's civilian attorney, Charles Gittins, told reporters his client faced two murder charges. But later, spokesman Maj. Matt Morgan, at Camp Lejeune, N.C., where Lt. Pantano is based, said the officer had not been charged. This came as a surprise to Mr. Gittins, who said he has a copy of the official charge sheet signed by a prosecuting judge advocate that was handed to his client Feb. 1. On the sheet, it clearly states the Marine Corps has charged the 33-year-old officer with two counts of murder. The Corps stands by how it has handled public relations in the criminal case of Lt. Pantano. "I think it is because they are embarrassed by the fact they have charged him with premeditated murder," Mr. Gittins said yesterday. "They are looking for a way out." Mr. Gittins said Lt. Pantano was acting in self-defense in April 2004 when he shot two Iraqi insurgents. Leading a Marine fast-reaction platoon, Lt. Pantano went to a suspected hide-out in the town Mahmudiyah near Baghdad and found a cache of weapons. The insurgents, who had tried to escape in a sport utility vehicle, came at Lt. Pantano. He ordered them to stop in Arabic, and when they did not, he shot them with numerous volleys from his M-16, Mr. Gittins said. The Marine Corps has been the target of much criticism for charging Lt. Pantano. "I'm confident that there is disagreement among Marine Corps commanders as to whether he should be charged," said Mr. Gittins, who believes the Corps is trying to dissuade reporters from writing stories. On Saturday, Mr. Gittins sent a letter to Maj. Gen. Richard A. Huck, the commanding general of Lt. Pantano's division, accusing the Corps of putting out inaccurate information. "If ... Maj. Morgan's statements were not a mistake," Mr. Gittins wrote, "I am writing to request that he be relieved of his duties and appropriately disciplined, as his statements, which clearly were official in his capacity as Marine Corps spokesperson, were knowingly false and made for the purposes of misleading members of the press to believe that my client has not actually been charged with any crimes." But Maj. Morgan said yesterday he is abiding by the Manual for Courts-Martial and that the manual does not consider charges official until an investigating officer refers them. That would not happen in this case until a pretrial Article 32 hearing is conducted. "Although we refer to them as charges, what they are are formal allegations and they do not amount to an indictment," Maj. Morgan said. "We feel it's misleading to call him charged, because what it does is jumps too far ahead of the process." Asked about the criticism of the case, Maj. Morgan said: "I think that any Marine has to appreciate the fact the American public's inclination is to defend the individual Marine. But there is a due process here, and the American public needs that process to take place."

- This story really came as a shock to me when I read it since I had never heard of it until now... and the death penalty? I MEAN! These guys are already risking and giving their lives... this poor guy should get medals for his service.... and how can we have people charge this man with murdor when we don't even have a CLUE about how HARD and TENSE it is to fight and be responsible for the safety of Iraq, let alone America!!! I better finish before I... blow up or scream or something.

GOD BLESS OUR WONDERFUL TROOPS!!!!!!!!!!!!!!!!!!!!!!
Jennifer