May 26, 2005

Ilario Pantano - Charges dropped

May 26, 2005 — ASSOCIATED PRESS

Murder Charges Dropped Against Marine

By TOM FOREMAN JR.

The Marine Corps dropped murder charges Thursday against an officer accused of riddling two Iraqis with bullets and hanging a warning sign on their corpses as a grisly example to other suspected insurgents.

Autopsies conducted on the Iraqis' exhumed bodies backed 2nd Lt. Ilario Pantano's assertion that he shot them in self-defense after the men disobeyed his instructions and made a menacing move toward him, Marine officials said.


"The initial findings of the autopsies did not support the allegation that 2nd Lt. Pantano committed premeditated murder," Marine spokesman 2nd Lt. Barry Edwards said. "Rather, the initial findings corroborated 2nd Lt. Pantano's version of the events."

The decision to drop the charges was made by Maj. Gen. Richard Huck, commander of the 2nd Marine Division based at Camp Lejeune. The move ends the prosecution of Pantano, a former Wall Street trader who rejoined the Marines after the Sept. 11 attacks.

"Down at the unit level, there was never a question about Ilario's conduct and whether or not he did the right thing," said Charles Gittins, Pantano's civilian lawyer. "It was up in the higher echelons. The people removed from combat situations needed to put more trust in their officers rather than assuming they're guilty."

The two Iraqis were killed during an April 2004 search outside a suspected terrorist hideout in Mahmudiyah, Iraq.

Prosecutors said Pantano, 33, intended to make an example of the men by shooting them 60 times and hanging a sign over their bodies Ñ "No better friend, no worse enemy," a Marine slogan. Pantano did not deny hanging the sign or shooting the men repeatedly.

Huck's decision was based in part on autopsies performed in the past few months. In the past, the Naval Criminal Investigative Service Marines did not feel secure enough to exhume bodies in Iraq.

Earlier this month, a Marine hearing officer recommended the murder charges be dropped, saying that one witness' accusation that Pantano shot the men while they were kneeling with their backs to him was unsupported by other testimony or evidence.

Witnesses testified that the sergeant who was Pantano's main accuser was a weak Marine who was bitter about being removed by Pantano from a leadership role in the platoon. More than a half-dozen Marines who served with Pantano in Iraq portrayed him as an able leader who remained cool in combat and was friendly toward Iraqis.

The hearing officer recommended Pantano face nonjudicial punishment for allegedly desecrating the bodies by reloading and repeatedly shooting them. But the commanding general decided Pantano should face no punishment for any of his actions.

"The best interests of 2nd Lt. Pantano and the government have been served by this process," the Marine Corps said in a statement.

Supporters of Pantano had complained that troops were being second-guessed for decisions made in the heat of combat. A North Carolina congressman had urged President Bush to intervene and dismiss charges.

"Needless to say, we are quite ecstatic," said Pantano's mother, Merry Pantano of New York.

Pantano is now helping to train troops at Camp Lejeune, but his attorney said he hopes the decision will clear the way for the Marine to return to a combat unit.

The ruling "demonstrates that Ilario acted honorably in combat and the suggestion that he didn't that tarnished his reputation was unjustified," Gittins said. "I'm pleased for Ilario and his family because the nightmare is over."

Posted by George Moneo at May 26, 2005 05:09 PM



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Comments

I am really happy for Ilario.
And I am worried about Roger Maynulet the Cuban soldier who is being prosecuted for a mercy killing in Iraq. He put a terrorist out of his misery and prioritized the safety of the men under his command. Somebody went out his way to have him court martialed and thrown out of the Army, institution to which he had devoted his adult life

Article by Bill McClellan follows:

Who cares if we offend Muslims? We voted for war
By Bill McClellan
Of the Post-Dispatch
05/23/2005

Bill McClellan

My mail continues to run heavily against my so-what attitude toward allegations that interrogators desecrated the Quran. We have offended the Muslim world, letter-writers tell me.

So what? Wars are like that. Some people get killed. Some get offended.

As regular readers know, I was very much against this war in Iraq. In the weeks leading up to the invasion, I was a loud, strident anti-war voice. But the government did not listen to me or my kind and off to war we went. There was much cheering.

Recently, a reporter asked President Bush what he thought the results would be if there were a referendum on the war. We had a referendum, the president said. It's called an election.
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As far as I'm concerned, the president was right. The election was about the war. I suspect that very few people voted for George W. Bush because of his economic programs. His administration was the first since Herbert Hoover's to have a net loss in jobs. We went from surpluses to deficits. For the most part, he ignored that stuff and ran on the war. He won.

Everything we know now we knew then. Weapons of mass destruction? There weren't any. The happy theory that Iraq's oil would pay for reconstruction? No way. We've spent billions and 85 percent of Iraqi households still lack a stable source of electricity. We'd be greeted like liberators? Even the Shiites call us occupiers. Furthermore, anybody who wanted could get on the Internet and look up the Project for the New American Century, the neocon manifesto that called for the remaking of the Middle East. Iraq was just the first step. We knew all that and we re-elected President Bush.

Country singer Toby Keith expressed the popular sentiment pretty well. "We'll put a boot up your (behind). It's the American way." It wasn't just the honky-tonk crowd, either. A great many religious leaders supported the president. Archbishop Raymond Burke went so far as to say that if a Catholic voted for the other guy, that Catholic couldn't take Communion without first going to confession. Gay marriage was a greater evil than war, Burke opined.

So, yes, we had a referendum on the war. My side lost. I can live with that.

Still, I'm afraid that a great many people don't understand how nasty wars are. Remember the last election when the neocons accused John Kerry of having shot a Viet Cong in the back? Like it matters which way a guy is facing? Just last month, Captain Rogelio Maynulet was court-martialed for shooting a wounded insurgent, who had been deemed "untreatable" by a medic. The captain said it was a mercy killing. He was thrown out of the Army.

I thought of a sniper from a different war. He saw a man in a clearing about 150 yards away. He shot him. The man flopped around. The sniper waited and watched. A minute, two minutes. He waited to see if someone would come over to help the man and he could then shoot the helper. Nobody came. Either the man was alone, and that was unlikely - few people traveled alone in the Big Woods - or his friends knew what they were doing. Either way, the sniper figured he should leave. First, though, he shot the man again. Should the sniper have been court-martialed?

I say no. Then again, I would not have court-martialed Captain Maynulet. War is war.

Which brings me back to the interrogators. I try to be more than just tolerant of other people's religious beliefs. I try to be indifferent. But if people believe their religious duty is to kill unbelievers like me, well, I am no longer indifferent to their beliefs. I am hostile toward them. Furthermore, I figure it is they themselves who have desecrated Islam, and if the Muslim world is going to be offended by the actions of our interrogators, that's unfortunate.

Sadly, things are likely to get worse. More deaths, more hate, more resentment. We are in the process of remaking the Middle East. We're going to impose democracy on the region. We had a referendum on this, and we have sent an army of working-class kids over there to get it done.

Let's not get squishy now.

E-mail: bmcclellan@post-dispatch.com
Phone: 314-340-8143

Posted by: CB at May 26, 2005 08:14 PM

Oohrah!!!

Posted by: Improbulus Maximus at May 26, 2005 10:40 PM

When will these idiots realize that in war "kill or be killed" is the fact, that "shoot first and answer questions later" is a survival necessity.

That is a fact of nature which has always been true, that in order for something to live, something else must die! From the killing of the grass blades in a pasture by a grazing cow, to the human who makes that cow into hamburger, to the bacteria who consume the human when he dies, to the grass that uses the dead bacteria and its waste to feed upon , so must a soldier kill first in order to live and for the greater purpose to allow his country to survive.

To allow that to be complicated by liberal leftist dogma is a fallacy that would spell the beginning of end to any great country as it goes against its own national interests at its most base levels which are the denigration of those who would risk their lives to fight for those interests.

Posted by: cohetedude at May 27, 2005 12:40 AM

CB, I truly believe that it was way past time to "remake" the middle east. It's us or them. And contrary to cnn, it's working. Very messy but, Kaddafi is towing the line. Does anyone actually believe he had a change of heart? No, he doesn't want the US Army invading Libya. Syria is getting out of Lebanon. I see real progress, but it's going to take years. Will we be thanked? No, just more hate directed our way. I don't care if they like us or not. And, as we discussed there is a frightening communist alliance between Cuba, Venezuela,China, etc. we have to worry about. It's a scary world, but appeasement, and wishful thinking won't make it go away.

Posted by: Kathleen at May 27, 2005 12:46 AM

That what's working there, stick and carrot, Kathleen!

Posted by: CB at May 27, 2005 05:51 AM

It's great to be in a group of like-minded individuals...

Posted by: George L. Moneo at May 27, 2005 06:12 AM

2nd Lt Pantano did not kill 2 "insurgents." He killed 2 f-ing terrorists. Well done!

Posted by: Alberto Quiroga at May 27, 2005 07:15 AM

From my South East Asia experience: pull the trigger when in doubt and live, advise I gave my son with the 3/2 Marines in Iraq....

Posted by: Ciguaraya at May 27, 2005 07:05 PM