Hawai'i-born 1st Lt. Ehren Watada stands alone in the eyes of Army prosecutors, who say he refused to carry out an order to deploy with his Stryker unit to Iraq and made "disgraceful" public statements about the war unbecoming an officer.

Other military personnel have voiced similar opinions as Watada since he made his stand June 22 at Fort Lewis, Wash., but none of them will be prosecuted, Watada's lawyer, Eric Seitz, said yesterday.

"This is a selective and vindictive prosecution. ... The Army is trying to make an example of Lt. Watada," Seitz said here as he prepared to leave for Fort Lewis where military judge Army Lt. Col. John Head will preside over a pretrial motions hearing tomorrow and Friday to set the parameters for Watada's Feb. 5 court-martial.

What Head decides will be admissible is critical to Watada's defense.

For prosecutors, the issue is: Did Watada have an order to get on the bus and did he refuse?

Watada's defense is that his refusal to deploy is based on a belief that the war in Iraq is a "war of aggression" and illegal, and that under international law he has a right to refuse to participate, Seitz said.

"The Army is way out on a limb on this case," Seitz said. "If they are successful (at the hearing), the trial will be a farce.

"Missing movement is like not going to work; it's not criminal, but this is a military court," Seitz added. "They're singling him out as a deterrent for others speaking out."

Watada is charged with missing troop movement and conduct unbecoming an officer.

The second charge specifically relates to comments Watada allegedly made on Aug. 12 at a Veterans for Peace National Convention in Seattle, and to media on June 7 in Tacoma and also near Fort Lewis.

Prosecutors said Watada stated at a news conference in June that "The wholesale slaughter and mistreatment of Iraqis is not only a terrible and moral injustice, but is a contradiction to the Army's own law of land warfare. My participation would make me party to war crimes."

Seitz argues there is no definition for conduct unbecoming of an officer.

"The Army is trying to manage this case, trying to enforce certain rules," Seitz said.

If convicted, Watada could be sentenced to six years in confinement and dismissal from the Army.

Reach Rod Ohira at rohira@honoluluadvertiser.com.