Clarke Paulus
Encyclopedia
Major
Clarke Paulus was a United States Marine Corp officer who was briefly in charge of Camp Whitehorse
.
officer, who had volunteered for service in Iraq
just one month after his marriage. According to the San Diego Union-Tribune Paulus was about 35 years old. The troops he commanded at Camp Whitehorse were all reservist
s.
passed through Camp Whitehorse. One of them, Nagem Hatab
, died on or around June 5, 2003. Hatab was captured for an alleged role in the March 23, 2003 ambush of the 507th Maintenance Battalion in An Nasiriyah that resulted in the deaths of 9 U.S. soldiers and the capture of Private Jessica Lynch. He was only in custody for about three days. Unlike the other detainees who were at Camp Whitehorse, Hatab refused to communicate with the Marine translator at the detention facility, which led to a later misperception of his condition. Moreover, Paulus had been informed by the Marine Human Intelligence Exploitation Team who interrogated Hatab his first day in confinement that it was unlikely that Hatab would cooperate with his captors. On June 5 he began to display listless behavior, first appearing unstable on his feet then lying down and soiling himself, becoming covered in excrement. As other prisoners had been known to exhibit false signs of faking physical distress, it was unclear if Hatab's behavior was legitimate, and his failure to communicate with the Marine tranlator compounded the situation. Paulus ordered one of his Marines to haul Hatab out of the common cell to where he could be hosed off. He ordered his soiled clothes removed and burned, and for him to be placed in an outside wire enclosure so his loss of bowel control wouldn't soil the other prisoners' living and eating areas.
A medical corpsman examined Hatab at approximately 5pm, and reported to Paulus that options for Hatab's condition included that he may have suffered a heart attack
. However, the medic said Hatab's vital signs were normal and therefore he should be left under observation. (Hatab's autopsy report confirmed he did not suffer a heart attack.) Because the detention facility had no replacement clothing Hatab was left outside naked that evening. At midnight Hatab was found dead. A post-mortem alleged that Hatab had haemorrhaged and suffocated because his hyoid bone had been broken. The hyoid break allegedly occurred when the Marine Paulus had ordered to remove Hatab from the general living area dragged him out. Hatab would not stand so he was hauled by the Marine who cupped his hands under the man's chin, dragging him to the wire enclosure. Once in the enclosure, Hatab was cleaned off, provided food and water and left under direct observation of one of the Marine guards. The entire episode occurred with Major Paulus's commanding officer present.
According to the Houston Chronicle
:
Medical testimony for the defense stated that there was nothing clear about the autopsy photo of the hyoid bone and that Ingwersen's autopsy report contradicted her final conclusions. For example her autopsy report showed Hatab's larynx was not bruised. When confronted with this Ingersen flatly replied that on that point the autopsy report was mistaken.
According to the North County Times
Ingwersen said Hatab's was not the usual kind of suffocation—that his death would have spanned hours. When pressed by Paulus' lawyers to present medical literature supporting her theory of death Ingwersen admitted there was none but that she stood by her findings.
, aggravated assault, abet
ting an assault
, maltreatment, false official statement and dereliction of duty
and went through a preliminary hearing in January 2004 to determine if he should be referred to a court martial. The presiding judge, Colonel William Gallo, heard all evidence presented by the prosecution and defense. At the conclusion of the Article 32 hearing
Gallo recommended to then-Major General James Mattis, Commanding General of the 1st Marine Division and presiding officer, that the negligent homicide, assault, abetting an assault and false official statement charges be dropped. Col. Gallo's recommendation was for Paulus to receive non-judicial punishment. MajGen Mattis rejected Gallo's recommendation and referred Paulus to a General Court Martial. He also overruled Gallo and keeping the assault charge against Paulus
During Paulus's court martial in November 2004 the presiding judge, Colonel
Robert Chester
, was highly critical when he learned that key prosecution exhibits, including various of Hatab's body parts- specifically the hyoid bone
that LTC Ingwersen alleged was broken- were unaccountably missing.
He threatened "extreme measures" if Hatab's body parts could not be located. Due to lack of cooperation from the Armed Forces Institute of Pathology
in explaining and locating the missing medical evidence Chester eventually threw out all medical testimony from the case, despite the fact that the case stemmed from LTC Ingwersen's questionable autopsy report and unsupported theory of Hatab's death.
The treatment of Hatab’s body did not improve after his death. A United States Navy
surgeon, Dr. Ray Santos, testified that when Hatab’s body arrived at the morgue
: “It kept slipping from my hands so I did drop it several times.” The U.S. Army Medical Examiner, Lieutenant Colonel Ingwersen, who performed the autopsy
, reportedly acknowledged that Hatab’s body had undergone decomposition
because it was stored in an unrefrigerated drawer at the An Nasiriyah Hospital before the autopsy. A second Navy doctor, Commander Dennis McKenna, testified that the manner in which Hatab's body was removed from the holding cell would not have caused him bodily harm and would not have been the cause for a hyoid bone fracture. Following this testimony the most serious charge against Paulus, aggravated assault, was dropped by the judge.
Paulus was found guilty of maltreatment and dereliction of duty
and was administratively dismissed from the service.
Major (United States)
In the United States Army, Air Force, and Marine Corps, major is a field grade military officer rank just above the rank of captain and just below the rank of lieutenant colonel...
Clarke Paulus was a United States Marine Corp officer who was briefly in charge of Camp Whitehorse
Camp Whitehorse
Camp Whitehorse was a small prison, run by United States Marines, near Tallil Airbase, in Iraq, outside of Nasiriyah.Abuse incidents that have occurred at Camp Whitehorse include:-References:# , Global Security# , CBS News, September 2, 2004...
.
Camp Whitehorse
Paulus was an active dutyActive duty
Active duty refers to a full-time occupation as part of a military force, as opposed to reserve duty.-Pakistan:The Pakistan Armed Forces are one of the largest active service forces in the world with almost 610,000 full time personnel due to the complex and volatile nature of Pakistan's...
officer, who had volunteered for service in Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
just one month after his marriage. According to the San Diego Union-Tribune Paulus was about 35 years old. The troops he commanded at Camp Whitehorse were all reservist
Reservist
A reservist is a person who is a member of a military reserve force. They are otherwise civilians, and in peacetime have careers outside the military. Reservists usually go for training on an annual basis to refresh their skills. This person is usually a former active-duty member of the armed...
s.
Death of Nagem Hatab
Several hundred POWsPrisoner of war
A prisoner of war or enemy prisoner of war is a person, whether civilian or combatant, who is held in custody by an enemy power during or immediately after an armed conflict...
passed through Camp Whitehorse. One of them, Nagem Hatab
Nagem Hatab
Nagem Hatab was an Iraqi who died while in US custody. Hatab is said to have been a Ba'ath party member.-Arrest:Hatab was arrested in a bazaar where he was trying to sell a US Army issue M16 rifle. The serial number of this rifle showed it was one issued to a member of the unit that included...
, died on or around June 5, 2003. Hatab was captured for an alleged role in the March 23, 2003 ambush of the 507th Maintenance Battalion in An Nasiriyah that resulted in the deaths of 9 U.S. soldiers and the capture of Private Jessica Lynch. He was only in custody for about three days. Unlike the other detainees who were at Camp Whitehorse, Hatab refused to communicate with the Marine translator at the detention facility, which led to a later misperception of his condition. Moreover, Paulus had been informed by the Marine Human Intelligence Exploitation Team who interrogated Hatab his first day in confinement that it was unlikely that Hatab would cooperate with his captors. On June 5 he began to display listless behavior, first appearing unstable on his feet then lying down and soiling himself, becoming covered in excrement. As other prisoners had been known to exhibit false signs of faking physical distress, it was unclear if Hatab's behavior was legitimate, and his failure to communicate with the Marine tranlator compounded the situation. Paulus ordered one of his Marines to haul Hatab out of the common cell to where he could be hosed off. He ordered his soiled clothes removed and burned, and for him to be placed in an outside wire enclosure so his loss of bowel control wouldn't soil the other prisoners' living and eating areas.
A medical corpsman examined Hatab at approximately 5pm, and reported to Paulus that options for Hatab's condition included that he may have suffered a heart attack
Myocardial infarction
Myocardial infarction or acute myocardial infarction , commonly known as a heart attack, results from the interruption of blood supply to a part of the heart, causing heart cells to die...
. However, the medic said Hatab's vital signs were normal and therefore he should be left under observation. (Hatab's autopsy report confirmed he did not suffer a heart attack.) Because the detention facility had no replacement clothing Hatab was left outside naked that evening. At midnight Hatab was found dead. A post-mortem alleged that Hatab had haemorrhaged and suffocated because his hyoid bone had been broken. The hyoid break allegedly occurred when the Marine Paulus had ordered to remove Hatab from the general living area dragged him out. Hatab would not stand so he was hauled by the Marine who cupped his hands under the man's chin, dragging him to the wire enclosure. Once in the enclosure, Hatab was cleaned off, provided food and water and left under direct observation of one of the Marine guards. The entire episode occurred with Major Paulus's commanding officer present.
According to the Houston Chronicle
Houston Chronicle
The Houston Chronicle is the largest daily newspaper in Texas, USA, headquartered in the Houston Chronicle Building in Downtown Houston. , it is the ninth-largest newspaper by circulation in the United States...
:
- "Lieutenant ColonelLieutenant Colonel (United States)In the United States Army, United States Air Force, and United States Marine Corps, a lieutenant colonel is a field grade military officer rank just above the rank of major and just below the rank of colonel. It is equivalent to the naval rank of commander in the other uniformed services.The pay...
Kathleen Ingwersen of the Armed Forces Institute of PathologyArmed Forces Institute of PathologyThe Armed Forces Institute of Pathology was a US government institution concerned with diagnostic consultation, education, and research in the medical specialty of pathology. It was founded in 1862 as the Army Medical Museum and was located in Washington, DC on the grounds of the Walter Reed Army...
noted the body had extensive bruising and found seven cracked or fractured ribs. Hatab also had a broken hyoid bone — the free-floating, wishbone-shaped bone supporting the tongue. That, she said, caused him to slowly asphyxiate after he was dragged by the neck to a holding pen. She declared the death a homicideHomicideHomicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
."
Medical testimony for the defense stated that there was nothing clear about the autopsy photo of the hyoid bone and that Ingwersen's autopsy report contradicted her final conclusions. For example her autopsy report showed Hatab's larynx was not bruised. When confronted with this Ingersen flatly replied that on that point the autopsy report was mistaken.
According to the North County Times
North County Times
The North County Times is a local newspaper in north San Diego County, California owned by Lee Enterprises. It is headquartered in Escondido. The current publisher is Peter York....
Ingwersen said Hatab's was not the usual kind of suffocation—that his death would have spanned hours. When pressed by Paulus' lawyers to present medical literature supporting her theory of death Ingwersen admitted there was none but that she stood by her findings.
Court martial
Maj. Paulus was charged with negligent homicideNegligent homicide
Negligent homicide is a criminal charge brought against people who, through criminal negligence, allow others to die.Negligent Homicide is a lesser included offense to first and second degree murder, in the sense that someone guilty of this offense can expect a more lenient sentence, often with...
, aggravated assault, abet
Abettor
Abettor , is a legal term implying one who instigates, encourages or assists another to commit an offence.An abettor differs from an accessory in that he must be present at the commission of the crime; all abettors Abettor (from to abet, Old French abeter, á and beter, to bait, urge dogs upon any...
ting an assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
, maltreatment, false official statement and dereliction of duty
Dereliction of duty
Dereliction of duty is a specific offense under United States Code Title 10,892. Article 92 and applies to all branches of the US military. A service member who is derelict has willfully refused to perform his duties or has incapacitated himself in such a way that he cannot perform his duties...
and went through a preliminary hearing in January 2004 to determine if he should be referred to a court martial. The presiding judge, Colonel William Gallo, heard all evidence presented by the prosecution and defense. At the conclusion of the Article 32 hearing
Article 32 hearing
An Article 32 hearing is a proceeding under the United States Uniform Code of Military Justice, similar to that of a preliminary hearing in civilian law. Its name is derived from UCMJ section VII Article An Article 32 hearing is a proceeding under the United States Uniform Code of Military...
Gallo recommended to then-Major General James Mattis, Commanding General of the 1st Marine Division and presiding officer, that the negligent homicide, assault, abetting an assault and false official statement charges be dropped. Col. Gallo's recommendation was for Paulus to receive non-judicial punishment. MajGen Mattis rejected Gallo's recommendation and referred Paulus to a General Court Martial. He also overruled Gallo and keeping the assault charge against Paulus
During Paulus's court martial in November 2004 the presiding judge, Colonel
Colonel
Colonel , abbreviated Col or COL, is a military rank of a senior commissioned officer. It or a corresponding rank exists in most armies and in many air forces; the naval equivalent rank is generally "Captain". It is also used in some police forces and other paramilitary rank structures...
Robert Chester
Robert Chester
Robert Chester is a military officer and lawyer. Chester is a Colonel in the United States Marine Corps.Chester has recently been appointed to serve as President of the Guantanamo military commission faced by Omar Khadr....
, was highly critical when he learned that key prosecution exhibits, including various of Hatab's body parts- specifically the hyoid bone
Hyoid bone
The hyoid bone is a horseshoe-shaped bone situated in the anterior midline of the neck between the chin and the thyroid cartilage. At rest, it lies at the level of the base of the mandible in the front and the third cervical vertebra behind.Unlike other bones, the hyoid is only distantly...
that LTC Ingwersen alleged was broken- were unaccountably missing.
He threatened "extreme measures" if Hatab's body parts could not be located. Due to lack of cooperation from the Armed Forces Institute of Pathology
Armed Forces Institute of Pathology
The Armed Forces Institute of Pathology was a US government institution concerned with diagnostic consultation, education, and research in the medical specialty of pathology. It was founded in 1862 as the Army Medical Museum and was located in Washington, DC on the grounds of the Walter Reed Army...
in explaining and locating the missing medical evidence Chester eventually threw out all medical testimony from the case, despite the fact that the case stemmed from LTC Ingwersen's questionable autopsy report and unsupported theory of Hatab's death.
The treatment of Hatab’s body did not improve after his death. A United States Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
surgeon, Dr. Ray Santos, testified that when Hatab’s body arrived at the morgue
Morgue
A morgue or mortuary is used for the storage of human corpses awaiting identification, or removal for autopsy or disposal by burial, cremation or otherwise...
: “It kept slipping from my hands so I did drop it several times.” The U.S. Army Medical Examiner, Lieutenant Colonel Ingwersen, who performed the autopsy
Autopsy
An autopsy—also known as a post-mortem examination, necropsy , autopsia cadaverum, or obduction—is a highly specialized surgical procedure that consists of a thorough examination of a corpse to determine the cause and manner of death and to evaluate any disease or injury that may be present...
, reportedly acknowledged that Hatab’s body had undergone decomposition
Decomposition
Decomposition is the process by which organic material is broken down into simpler forms of matter. The process is essential for recycling the finite matter that occupies physical space in the biome. Bodies of living organisms begin to decompose shortly after death...
because it was stored in an unrefrigerated drawer at the An Nasiriyah Hospital before the autopsy. A second Navy doctor, Commander Dennis McKenna, testified that the manner in which Hatab's body was removed from the holding cell would not have caused him bodily harm and would not have been the cause for a hyoid bone fracture. Following this testimony the most serious charge against Paulus, aggravated assault, was dropped by the judge.
Paulus was found guilty of maltreatment and dereliction of duty
Dereliction of duty
Dereliction of duty is a specific offense under United States Code Title 10,892. Article 92 and applies to all branches of the US military. A service member who is derelict has willfully refused to perform his duties or has incapacitated himself in such a way that he cannot perform his duties...
and was administratively dismissed from the service.
See also
- Gary PittmanGary PittmanGary Pittman is a prison guard and former United States Marine Corps reservist who was received a reduction in rank from Sergeant to Private and sixty days hard labor, for his role in the death in custody of Nagem Hatab, an Iraqi he believed was involved in torturing Jessica Lynch.Following his...
- Christian HernandezChristian HernandezCorporal Christian Hernandez is a United States Marine from 2nd Battalion, 25th Marines who was part of the 2003 Invasion of Iraq and while at Camp Whitehorse, in Iraq, who played a role in the death of Nagem Hatab....