Accused Marine’s attorneysdemand access to key witness

CAMP LEJEUNE, N.C. (AP) — Attorneys for a U.S. Marine accused of murdering two Iraqi detainees argued yesterday to cross-examine a key prosecution witness, saying denying them that chance in a pretrial hearing ‘makes this proceeding a sham.’

The witness, Marine Sgt. Daniel Coburn, testified earlier this week that 2nd Lt. Ilario Pantano had been instructed to release the prisoners who Lt. Pantano eventually shot.

But Sgt. Coburn abruptly left the stand Wednesday when he was told he was suspected of violating orders forbidding him from giving interviews about the case. He told Marine officials he wouldn’t return unless he was granted immunity from prosecution, and came back briefly yesterday only to invoke his right to avoid incriminating himself.

Military lawyers said that was unnecessary because they have no plans to charge Sgt. Coburn. They indicated they will instead submit written statements he gave to investigators.

Lt. Pantano’s lawyer, Charles Gittins, appealed to a pair of generals to grant Sgt. Coburn immunity so the defense can complete its cross-examination. He said Sgt. Coburn should be compelled to testify, and a failure to put him on the stand ?makes this proceeding a sham.?

The hearing moved haltingly yesterday and was ultimately recessed until this morning as lawyers waited for word on the immunity requests.

Mr. Gittins said outside court that Sgt. Coburn’s previous testimony may be excluded if the sergeant refuses to return to complete his cross-examination. Mr. Gittins has said that questioning could take five to six hours.

Lt. Pantano, a former Wall Street trader who rejoined the Marines after the September 11 attacks, has acknowledged shooting the two Iraqis during an April 2004 search outside a suspected terrorist hideout in Iraq. But he says he acted in self-defense when they moved toward him in a threatening manner.

The Article 32 hearing, the military equivalent of a civilian grand jury, will determine whether Lt. Pantano, 33, will face a court-martial. If convicted of murder, he could get the death penalty.

The dispute involving Sgt. Coburn’s testimony resulted from interviews he gave to ABC News, the Daily News of New York and New York magazine, in which he was quoted making critical remarks about Lt. Pantano.