MILITARY: Trial starts for Marine who talked to media

By TERI FIGUEROA - tfigueroa@nctimes.com

CAMP PENDLETON ---- A Marine private who spent time in the brig for his admission of mishandling classified documents faces up to another year behind bars if a military jury finds that he disobeyed an order that he not talk to media reporters about it.

Jury deliberations are expected to start Tuesday in the special court-martial of Pvt. Gary Maziarz, who two years ago testified that, as an intelligence analyst and gunnery sergeant in the Marine Corps, he had given stolen top-secret anti-terrorism files to two Los Angeles law enforcement officials.

As part of his guilty plea at the time, Maziarz agreed to an order that he keep mum with the media. But by the time Maziarz was released from the brig in July 2008, the order had expired.

Within days of his release, military officers handed Maziarz a new order, cautioning him about talking to the media as it related to national security issues, and instructing him to consult with his attorney before speaking publicly.

Prosecutors contend that Maziarz talked about the case with a journalist from The San Diego Union-Tribune in late 2008.

Maziarz's civilian attorney, retired Marine Gen. David Brahms, told the five-member panel on Monday that his client did not violate the order: Maziarz did ask his former defense attorney before talking to the press.

The attorney, former Marine Capt. Patrick Callahan, testified that he told Maziarz he could speak to the media.

On cross examination, Callahan said Maziarz had not told him about the new order cautioning Maziarz to avoid going public about compromised classified information.

Maziarz's attorneys had subpoenaed the journalist, Rick Rogers, to testify on Monday, but decided against forcing him to testify and released him from the legal order to take the stand. The decision to release Rogers came after Callahan testified.

Both sides have rested their case; closing arguments and jury deliberations are set for Tuesday morning.

Thus far, Maziarz and Gunnery Sgt. Eric L. Froboese have each admitted criminal mishandling of classified material. Last week, military prosecutors announced charges against their former boss, Col. Larry J. Richards, for his alleged role in sharing the classified information with civilian law enforcement.

Call staff writer Teri Figueroa at 760-740-5442.

Ellie