CAMP LEJEUNE, N.C. (AP) – Attorneys for a Marine accused of murdering two Iraqi detainees argued Friday to cross-examine a key prosecution witness, saying denying them that chance in a pretrial hearing “makes this proceeding a sham.”

The witness, Marine Sgt. Daniel Coburn, testified earlier this week that 2nd Lt. Ilario Pantano had been instructed to release the prisoners that Pantano eventually shot in the back.

But Coburn abruptly left the stand Wednesday when he was told he was suspected of violating orders forbidding him from giving interviews about the case. He told Marine officials he wouldn’t return unless he was granted immunity from prosecution, and came back briefly Friday only to invoke his right to avoid incriminating himself.

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, appealed to a pair of generals to grant Coburn immunity so that the defense can complete its cross-examination. He said Coburn should be compelled to testify, and a failure to put him on the stand “makes this proceeding a sham.”

The hearing moved haltingly Friday and was ultimately recessed until Saturday morning as the lawyers waited for word on the immunity requests.

Gittens said outside court that Coburn’s previous testimony may be excluded if the sergeant refuses to return to complete his cross-examination. Gittens has said that questioning could take five to six hours.

Pantano, a former Wall Street trader who rejoined the Marines after the Sept. 11 attacks, has acknowledged shooting the two Iraqis during an April 2004 search outside a suspected terrorist hideout in 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.

The dispute involving Coburn’s testimony resulted from interviews he gave to ABC News, the Daily News of New York and New York magazine, in which he was quoted making critical remarks about Pantano.

AP-ES-04-29-05 1717EDT