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The Honolulu Advertiser
Posted on: Wednesday, March 16, 2005

Schofield soldiers cleared of charges

By William Cole
Advertiser Military Writer

Charges that two Schofield Barracks soldiers abused a detainee in Afghanistan have been dismissed, Honolulu attorney Eric Seitz said.

Simpliciano
Seitz, who traveled to Afghanistan in late February to represent Sgt. Joseph Simpliciano and Staff Sgt. Marcus Edwards at a preliminary hearing, said he was notified yesterday of the decision.

Simpliciano, 30, a 1993 Wai'anae High School graduate, was charged Jan. 5 with assault, conspiracy, maltreatment and making a false statement, Army officials said. Edwards was similarly charged, Seitz said. Both soldiers are with the 2nd Battalion, 5th Infantry Regiment.

Maj. Gen. Eric T. Olson, 25th Infantry Division (Light) commander, who returned to Hawai'i yesterday, said at a March 7 press conference in Kabul that there had been "very few" detainee abuse allegations, and the number was less than 15 for the past year.

Olson, No. 2 U.S. commander in Afghanistan, said his policy was zero tolerance for detainee abuse.

"I have launched investigations every single time there have been allegations of detainee abuse during that past year," he said.

Seitz said Simpliciano was accused of using a rope or belt to choke an Afghan contractor brought in for questioning about weapons found in his home near a U.S. base outside Kandahar.

Edwards, whose wife has Hawai'i ties, was accused of striking the man repeatedly, Seitz said.

Kim Santiago, Simpliciano's sister, yesterday was happy about the news of her brother — but said she knew the charges would be dismissed.

"I knew he wouldn't do such a thing like that," said Santiago, who also lives in Wai'anae. "He's such a nice, real humble person."

Fifteen to 20 witnesses testified at the hearing in Kandahar. Seitz said only two gave testimony against his clients — the man who said he had been beaten and an Afghan interpreter.

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

Reach William Cole at wcole@honoluluadvertiser.com or 525-5459 .