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Marines Charged in Death of Captive

October 19, 2003|Tony Perry | Times Staff Writer

Three of the Marines have already been ordered to a court-martial: Sgt. Albert R. Rodriguez-Martinez, charged with two counts of assault and one of lying; Lance Cpl. Andrew D. Rodney, charged with assault; and Lance Cpl. Konstantin Mikholap, charged with lying and two counts of assault.

The other Marines are charged but awaiting an Article 32 hearing, similar to a civilian grand jury, which will decide whether they will stand trial.

They are Paulus, charged with negligent homicide, assault, lying, cruelty and two counts of dereliction of duty; Hernandez, charged with negligent homicide, cruelty, dereliction of duty and three counts of assault; Roy, charged with two counts of dereliction of duty, one count of cruelty and five counts of assault; Sgt. Gary Pittman, five counts of assault and two of dereliction of duty; and Maj. William F. Vickers, charged with dereliction of duty.

Under the Uniform Code of Military Justice, negligent homicide carries a maximum penalty of three years in prison and a dishonorable discharge. It is the least severe charge that can be levied against someone accused of causing the death of another.

For The Record
Los Angeles Times Saturday October 25, 2003 Home Edition Main News Part A Page 2 National Desk 1 inches; 39 words Type of Material: Correction
Marines -- An article in Sunday's California section about two Marines charged in the death of an Iraqi prisoner misspelled as Worchester the name of the city where the 25th Marine Regiment is based. The Massachusetts city is Worcester.

The eight Marines served as combat troops, but after major combat operations were declared over, they were transferred to assist Army military police in guarding prisoners.

One issue if the case comes to trial may be whether their civilian training should have equipped them to handle prisoners.

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