Attorneys defending three Fort Carson soldiers accused of abusing Iraqi prisoners want to grill the brass above them at an evidence hearing today.
Defense attorneys say Lt. Col. Nathan Sassaman, Maj. Robert Gwinner and Capt. Matthew Cunningham could shed light on whether the three soldiers under their command were ordered to lie about the incident, in which two Iraqis were thrown into the Tigris River, and one of whom may have drowned.
The three officers, scheduled to take the stand on the final day of the hearing as witnesses, have said through their attorneys they'll testify only if they are given immunity.
An immunity deal, being discussed Thursday night, would prevent prosecutors from using what they say against them in court.
Sassaman, a battalion commander in the 3rd Brigade Combat Team, Gwinner, his deputy, and Cunningham, a company commander, have been given administrative punishment for covering up the incident.
Four soldiers under their command - three enlisted men and a first lieutenant - face charges from the abuse and lying about it.
The difference in punishment prompted Rep. Joel Hefley, R-Colo., to call for a hearing on Army discipline. A date for the hearing hasn't been set.
Defense attorneys want to know whether the officers pressured 3rd Brigade Combat Team soldiers Sgt. 1st Class Tracy Perkins, Sgt. Reggie Martinez and Spc. Terry Bowman to lie about what happened on a bridge over the Tigris River the night of Jan. 3.
If the officers take the stand and confirm earlier testimony that they pressured the three to lie, it would bolster a defense case that has been steadily gaining strength.
The hearing will lead to a recommendation on whether the three should face courtmartial for the abuse and the cover-up.
Perkins is charged with two counts of assault, manslaughter, conspiracy, making a false statement and obstruction of justice.
Prosecutors say he directed the pushing of Iraqis into the Tigris on two occasions, including the Jan. 3 incident that allegedly drowned Zaidoun Fadel Hassoun.
Martinez is charged with manslaughter for allegedly pushing Zaidoun into the river and making a false statement in the cover-up.
Bowman is charged with assault for allegedly pushing Zaidoun's cousin Marwan Fadel Hassoun into the river Jan. 3 and making a false statement in the cover-up. Marwan survived.
Their commander, 1st Lt. Jack Saville, is charged with manslaughter, assault, conspiracy and making a false statement.
An evidence hearing in his case will come later.
Lt. Col. Jonathan Withington said the commander of the 4th Infantry Division, Maj. Gen. James Thurman, was likely to make a decision on giving Sassaman, Gwinner and Cunningham immunity in time for a 7 a.m. hearing today.
Thurman also will decide whether Martinez, Bowman, Perkins and Saville will face courts-martial.
Testimony Thursday continued to shoot holes in prosecution claims that Zaidoun died.
Staff Sgt. Michael Kay said he saw Zaidoun and Marwan climbing up the riverbank as the patrol left the bridge.
Prosecutors only have statements from Zaidoun's family to support claims of his death. Another witness Thursday said Army investigators have been delayed in exhuming what was identified as Zaidoun's corpse by fighting in Samarra, Iraq.
Marwan, the only eyewitness who has said Zaidoun drowned that night, wasn't located to testify for the hearing and Army investigators say they haven't seen him in months.
A videotape provided by Zaidoun's family and purported to show Zaidoun's body was shown in court. The body was bloated and decomposed. Army investigators said DNA testing was needed.
Although the manslaughter case against the soldiers appeared weakened, prosecutors did get support for charges that the soldiers abused prisoners.
Spc. Rogelio Rubio, a soldier on the patrol, said he heard Perkins make a radio transmission to the rest of the platoon as the patrol began saying that Iraqis who broke curfew rules "would get wet."
Martinez's attorney brought a new wrinkle to the case by introducing testimony that the anti-malaria drug Larium, which was given to soldiers in Iraq, could have caused his client to be predisposed to assault.
Steve Robinson, executive director of the Alexandria, Va., national Gulf War Resource Center, testified that some people who have taken the drug experienced side effects such as psychosis and uncontrollable rage.
The hearing is expected to conclude today.
CATCHING UP
The story so far:
Four soldiers from Fort Carson's 3rd Brigade Combat Team face criminal charges in the death of an Iraqi prisoner and the assault of another. Prosecutors say both Iraqis were thrown into the river after being picked up in Samarra, Iraq, for breaking curfew rules.
Thursday:
Attorneys continued to argue about whether there's enough evidence to courtmartial three of the soldiers. An evidence hearing for the fourth soldier will be held later. The prosecution established that two Iraqis were thrown into the Tigris River Jan. 3, but appear to lack evidence that one of them died.
What's next:
Senior officers could take the stand today to testify about whether they pressured the four soldiers to lie about the river incident. The evidence hearing is expected to conclude with closing arguments.
