CAMP LEJEUNE, N.C. — A key witness against a Marine accused of murdering two Iraqi detainees took the stand in a pretrial hearing Friday just long enough to refuse to testify, invoking his right to avoid incrimination.
Marine Sgt. Daniel Coburn testified earlier this week that 2nd Lt. Ilario Pantano had been instructed to release the men that the officer eventually shot in the back. But Coburn abruptly left the stand when he was told he was suspected of violating orders forbidding him from giving interviews to the media about the case.

Coburn told Marine officials prior to his appearance Friday that he wouldn’t return to the stand unless he is granted immunity from prosecution. But military lawyers said that was unnecessary because they have no plans to charge Coburn. They indicated they will instead submit written statements he gave to investigators.

Pantano’s lawyer, Charles Gittens, had argued that Coburn should be compelled to testify, and a failure to put him on the stand “makes this proceeding a sham.”

Pantano, a former Wall Street trader who rejoined the Marines after the Sept. 11 attacks, has acknowledged shooting the men during an April 2004 search outside a suspected terrorist hideout in Mahmudiyah, 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 Pantano, 33, will face a court-martial. If convicted of murder, he could get the death penalty.

Coburn testified Wednesday that Pantano suspected the two Iraqi men of shelling his platoon, but was ordered to release the men. Coburn said he was looking away, under orders to scan the nearby area for threats, when he heard shots.

It was at that point that question were raised about his possible violation of orders forbidding him from giving media interviews. Defense lawyers had complained Coburn had given interviews about the case to ABC News, the Daily News of New York and New York magazine.

Other witnesses have heaped scorn on Coburn, a 10-year veteran, describing him as a weak Marine who’s bitter about Pantano removing him from a leadership role within his platoon and making him a radioman, a job usually reserved for the youngest Marines.

They have described Pantano as a zealous, but not abusive officer.

More than a half-dozen Marines or former Marines who served with Pantano in Iraq praised him in testimony Thursday and Friday as an able leader who remained cool in combat, amiable with Iraqi nationals and protective of his troops. Pantano was so moved at one point that he broke down in tears.

Some witnesses testified that Pantano could be aggressive. One corporal who testified about two such incidents acknowledged under cross-examination that he never considered Pantano’s behavior abusive.