SAN DIEGO -- An investigating officer has recommended that charges be thrown out for a Marine reservist accused in the death of an Iraqi prisoner last year, a defense attorney said Monday.
The investigator recommended administrative punishment for a second officer accused of negligent homicide in the death of Nagem Sadoon Hatab, a Baath Party member who prosecutors said was punched, karate-kicked and dragged by the throat while in the officers' custody.
Lance Cpl. Christian Hernandez and his commanding officer, Maj. Clark A. Paulus, faced the most serious charges in the killing.
Col. William Gallo, the investigating officer who presided over an Article 32 hearing last month, recommended dismissal of charges against Hernandez, according to his attorney, Jack B. Zimmermann. Article 32 hearings are the military equivalent of a civilian grand jury probe.
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Hatab, 52, had been left lying naked, covered in his own feces, for hours when he was found dead on June 6, 2003.
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