Marine who vanished in Iraq gets 2 years in prison

2015-02-24T12:26:01-05:00

From: Marine Corps Times

RALEIGH, N.C. — A U.S. Marine who vanished a decade ago in Iraq was sentenced Monday to two years in prison for leaving his post there and then fleeing to Lebanon after a brief return to the U.S.

The judge at Camp Lejeune, Marine Maj. Nicholas Martz, ruled that Cpl. Wassef Hassoun was guilty of deserting when he disappeared in 2004 and 2005. Hassoun was also convicted of causing the loss of his service pistol.

His sentence amounts to two years and five days, but he'll get credit for approximately eight months he spent in pretrial confinement. Hassoun also will have his rank reduced, lose his pay and receive a dishonorable discharge as part of the sentence.

While the judge determined Hassoun intentionally fled during the two disappearances at the heart of the case, he gave Hassoun a less severe punishment than he faced at the trial's outset. Had Hassoun been convicted of all charges and specifications, he could have been sentenced to a maximum of 27 years in prison.

His loss of the pistol could have resulted in a more severe offense under the military's destruction of property law, and he was found not guilty of a separate theft charge related to the pistol. Hassoun was also found not guilty on one of three specifications related to the desertion charge.

Phillip Cave, a retired Navy lawyer now in private practice, said he has seen similar cases result in sentences of one to three years, but sometimes circumstances can drive a sentence higher.

Hassoun's case occupied some of the same murky territory as that of Army Sgt. Bowe Bergdahl, a soldier who left his post in Afghanistan and was held by the Taliban for five years. The Army is considering what, if any, charges or punishment Bergdahl should face. The two cases have no direct bearing on each other because they are in different military branches.

Hassoun's case began when he went missing from a base in Fallujah in June 2004. Days later, he appeared blindfolded and with a sword held above his head in an image purportedly taken by insurgents. An extremist group claimed to be holding him captive.

But Hassoun soon turned up unharmed at the U.S. Embassy in Beirut, saying he'd been kidnapped. Officials were suspicious, and he was returned to Camp Lejeune in 2004 while the military considered charging him.

After his return, Hassoun was allowed to visit family in Utah but disappeared a second time in early 2005. Hassoun traveled to Lebanon but was detained by that country's authorities after Interpol issued a bulletin related to his deserter status, defense attorney Haytham Faraj said. The defense said court proceedings in Lebanon lasted until 2013, and Hassoun turned himself in to U.S. authorities after the government there lifted travel restrictions.

Prosecutors argued during trial that Hassoun made preparations to flee his base in Fallujah in 2004 and told others that he planned to leave. They displayed quotes during opening statements attributed to Hassoun: "I'll leave and go to Lebanon. I'm not kidding."

They said he was unhappy with how U.S. servicemen treated Iraqis during interrogations and that he was upset that training and a deployment kept him apart from the woman with whom he'd entered an arranged marriage.

Defense attorneys maintain Hassoun was kidnapped by insurgents in 2004, and they argued the military had no direct evidence that Hassoun purposely left the base. Faraj said the case against the Muslim serviceman began with "a rush to judgment that's worthy of a novel" after suspicious comrades told investigators about comments Hassoun made about the conflict between his native Lebanon and Israel.

http://www.marinecorpstimes.com/story/military/crime/2015/02/23/marine-cpl-hassoun-found-guilty-of-desertion/23887061/

Response by PO3 Private RallyPoint Member made Feb 24 at 2015 12:30 PM

2015-02-24T12:30:42-05:00

I don't know all the details but 2 years minus time served seems awful damn lenient for desertion.

Response by Capt Richard I P. made Feb 24 at 2015 2:36 PM

2015-02-24T14:36:12-05:00

Guilty of 2/3 charges of desertion and punished with 2 years in the Brig? Any JAG officers want to comment to help us understand reasons?

At least he's being reduced, forfeiting pay and being dishonorably discharged. Lets' stop spending time, money and thought on this disgrace.

Response by Sgt Christopher Allen made Feb 24 at 2015 4:25 PM

2015-02-24T16:25:06-05:00

Would have been good to pull all of the rank off his Shirt and have him walk out of the courts with a white T-Shirt and skivvies.

Response by PO2 Mark Saffell made Feb 24 at 2015 4:28 PM

2015-02-24T16:28:59-05:00

Seems a little lite on the sentence. I thought desertion during war time could get you death or way more than 2 years. Seems like this green lights guys that don't want to deploy.

Response by Cpl Chris Rice made Aug 3 at 2015 9:10 PM

2015-08-03T21:10:43-04:00

This has actually been the going rate for sentences for desertion during our current wars, it is difficult no matter the circumstances to get the public to agree with death (Neither is technically a war, I think it is a 5 year maximum anyway), or even a life sentence for somebody who initially had good intentions (He enlisted voluntarily), and had a change of heart over things that are generally well known and disliked by the American People such as the interrogation tactics that were used.

I am going to say it again people need to be prepared that they are not going to like how the Bergdahl thing works out, he will not be executed, nor will he spend the rest of his life in prison. I would be surprised if spent anytime in prison.

Response by SFC William Farrell made Mar 11 at 2016 11:49 PM

2016-03-11T23:49:52-05:00

Wasn't desertion in wartime once punishable by a firing squad?

Response by MSG Mark Million made Nov 9 at 2017 12:29 PM

2017-11-09T12:29:38-05:00

As a non Jag person my stab at an answer is that the sentences is designed to make Muslim recruits feel that the military values their service, and that they will be treated fairly. My personal opinion is this sentence goes beyond fair, but then I don't know all of the facts here.

Response by Cpl Scott McCarroll made Nov 12 at 2017 7:06 PM

2017-11-12T19:06:32-05:00

Anyone who wants a copy of the Manual for Court Marshall send me a message and let me know where to send it

Now, I have been growing increasing worried, I believe in the Freedom of Religion. But my concern is that when push comes to shove I don't think the troops should have to be worried if the guy in the hole, or following them though a door is going to at least not shoot when needed, at worse, well I don't even want to go there. When I served I absolutely knew those who served with me had my back.

Article 85—Desertion a. Text of statute. (a) Any member of the armed forces who— (1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently; (2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or (3) without being regularly separated from one of the armed forces enlists or accepts an app o i n t m e n t i n t h e s a m e o r a n o t h e r o n e o f t h e armed forces without fully disclosing the fact that he has not been regularly separated, or enters any foreign armed service except when authorized by the United States; is guilty of desertion. ( b ) A n y c o m m i s s i o n e d o f f i c e r o f t h e a r m e d forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.(c) Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any o t h e r t i m e , b y s u c h p u n i s h m e n t , o t h e r t h a n death, as a court-martial may direct. [Note: Paragraph 9a(a)(3) above has been held not to state a separate offense by the United States Court of Military Appeals in United States v. Huff, 22 C.M.R. 37 (1956)]