Simpliciano was charged Jan. 5 with assault, conspiracy, maltreatment and making a false statement in a case involving a detainee, Army officials said.

Edwards was similarly charged in the same incident, Seitz said.

Both are with the 2nd Battalion, 5th Infantry Regiment.

Maj. Stacy Bathrick, a Scho-field Barracks spokeswoman deployed to Bagram Airfield, yesterday said "since the case is ongoing, we will not comment on the specific matters pertaining to the case."

Bathrick previously said the Army "take(s) all matters pertaining to alleged detainee incidents seriously, and (we) will ensure we follow proper military law regulations in determining the final disposition of this case."

Seitz said Simpliciano is accused of using a rope or belt to choke an Afghan contractor brought in for questioning about weapons and explosives found in his home near a U.S. forward operating base. Edwards is accused of striking the man repeatedly, Seitz said.

Fifteen to 20 witnesses testified at the Article 32 hearing, similar to a civilian preliminary hearing in which the prosecution has to show sufficient evidence that a crime was committed.

Seitz said only two witnesses gave adverse testimony — the man who said he had been beaten and a 21-year-old Afghan interpreter who was there.

"Their entire case rests upon these two witnesses," Seitz said Wednesday from San Francisco, on his way back to Hawai'i.

Seitz said the accounts given by the man who said he was beaten have been inconsistent, that he picked out the wrong person in a lineup before choosing Edwards, and he wasn't able to identify Simpliciano.

The Afghan contractor claimed to have screamed when he was assaulted, but U.S. guards in the immediate area said they heard nothing, and the interpreter also said the man did not scream, Seitz said.

A recommendation will be made to Maj. Gen. Eric T. Olson, the No. 2 U.S. commander in Afghanistan, and the commander of the 25th Infantry Division (Light) in Hawai'i, and Olson will decide whether the soldiers will face court-martial, Seitz said.

The military says Simpliciano took the contractor in for questioning, and Edwards was brought in because his physical size could be intimidating, Seitz said. A lieutenant was responsible for the questioning.

"Apparently, what they are alleging happened is that the lieutenant stepped outside to brief a commander about what was going on," Seitz said, "and allegedly during that five minutes he was gone, they claimed that Simpliciano choked him with a rope or belt, and that Edwards struck him repeatedly."

The lieutenant denies anything happened, but was unwilling to testify because he, too, was under suspicion, and claimed his right against self-incrimination, Seitz said.

Neither Simpliciano nor Edwards, who has two children in elementary school and whose wife works at Hickam Air Force Base, had intelligence-gathering responsibilities, the attorney said.

Schofield Barracks soldiers are rotating back to Hawai'i, and Seitz said if the case is tried, he'd prefer it take place here.