Did He Go Too Far?

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Pantano's lawyers dispute the prosecution's other critical claim: that the two men were shot in the back. "I don't know how they can say that when there are no bodies to examine," Gittins says. The bodies were reclaimed by the families. They came from Latifiyah, an insurgent hot spot where the battalion suffered many of its casualties during its seven months in the country. Gittins says a photograph taken by a Marine appears to show that the two Iraqis died of massive chest wounds.

Despite intense criticism of the charges by Pantano's supporters, the case has steadily worked its way up the chain of command--suggesting either its merit or the unwillingness of Marine commanders to halt such a sensitive inquiry. "It is sad but true that the military leadership is likely to let a case go to trial even if the facts do not merit it because they want to cover their asses," says Gittins. But the Marine Corps stands by its decision to prosecute while, as in most cases in the military-justice system, it won't comment on the charges for fear of jeopardizing the case. "A number of people who have spoken out about the incident--his mother, his defense attorney, his peers--were not there," says Major Matthew Morgan, a spokesman for the 4th Marine Expeditionary Brigade. "But those who attend the hearing will get a clear understanding of why the prosecution feels there is merit to the case."

Many of Pantano's fellow officers believe that the case reflects the gap between the way military leaders prefer to portray the war in Iraq to the public and the way it is actually being fought. "The single biggest problem with the Iraq operation is that the military is at war but the nation is not," says an officer. A former Marine colonel who served for 27 years says the Marine Corps "always values its reputation and image. They want to act and be known as the good guys. They are very mindful of how they are perceived both domestically and overseas, so they will deal with Marines who have broken the rules very hard."

Pantano is now back at 2-2's home base at Camp Lejeune, N.C. In mid-February, a website based in Pakistan put up a photo montage depicting Pantano's severed head. The FBI and local police were called in, and Pantano turned his pleasant modern house into a small armed camp. Guns appeared from various bags and trunks. A bag of flak jackets lay by the couch, and Pantano took to wearing a sidearm under his Thomas Pink shirt. It was as close to the front lines as Lieut. Pantano is likely to get in the foreseeable future. This summer Easy Company will head back to Iraq. Pantano will probably remain at home, fighting the toughest battle of his life. --With reporting by Sally B. Donnelly/ Washington and Nathan Thornburgh/New York