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| Iraq | |
| Marine Said Shocked by Murder Allegations | |
| 2006-06-22 | |
| CAMP PENDLETON, Calif. — The wife of one of seven Marines charged along with a sailor with premeditated murder in the shooting death of an Iraqi man said Thursday that her husband was shocked by the allegations. "He's just a great person, a great father, a great husband and a great Marine. His being in prison doesn't make any sense," Erica Thomas told CBS's "The Early Show." She said her husband, Marine Cpl.Trent D. Thomas, sounded scared at first and had been going through a roller coaster of emotions — he never had a chance to cope with his best friend's death while fighting in Iraq, he was just now getting to know his daughter, born shortly after he started his second tour, and now the charges. "It's been a rough two or three years for him, but he's a tough guy and I know we'll get through this," she said. Thomas and the other servicemen were charged Wednesday in the death of Hashim Ibrahim Awad, who was pulled from his home and shot while U.S. troops hunted for insurgents. They could face the death penalty if convicted. All eight also were charged with kidnapping. Other charges include conspiracy, larceny and providing false official statements. Col. Stewart Navarre, chief of staff for Marine Corps Installations West, announced the charges at Camp Pendleton Marine Corps base, where the eight are being held. The troops are members of the Pendleton-based 3rd Battalion, 5th Marines Regiment. The case is separate from the alleged killing by other Marines of 24 Iraqi civilians in the western Iraqi city of Haditha last November. A pair of investigations related to that case are still under way, and no criminal charges have been filed. In another case, the U.S. military in Iraq announced that murder charges were filed against a fourth Army soldier in the shooting deaths May 9 of three civilians who had been detained by U.S. troops. Some or all of the troops being held at Camp Pendleton could face the death penalty, though Navarre said "it's far too early to speculate on that right now." Lt. Gen. John Sattler, the senior commander at Pendleton, will decide whether and how to proceed with preliminary hearings known in the military justice system as Article 32 proceedings. That in turn could lead to courts-martial for some or all of the men. All eight have hired private attorneys and also have been given military defense lawyers. The Pentagon began investigating shortly after Awad was killed April 26 in Hamdania, west of Baghdad. A charging document provided to The Associated Press by Jane Siegel, an attorney for Marine Pfc. John J. Jodka, alleges that the Iraqi was shot by five of the Marines and that an AK-47 assault rifle was placed in the victim's hands, apparently to make it appear he was an insurgent. A senior Pentagon official, who spoke on condition of anonymity because he was not authorized to discuss the matter publicly, has said a shovel was also planted at the scene to make it appear the man was trying to plant an explosive device. Besides White and Jodka, charged were Marine Sgt. Lawrence G. Hutchins III, Marine Lance Cpl. Tyler A. Jackson, Marine Lance Cpl. Jerry E. Shumate Jr., Marine Lance Cpl. Robert B. Pennington, Marine Cpl. Marshall L. Magincalda and Navy Hospital Corpsman 3rd Class Melson J. Bacos. "Believe me, there are two sides to this story," said Jeremiah Sullivan III, who represents Navy Hospital Corpsman 3rd Class Melson J. Bacos. According to the charging document, the troops were staking out an intersection to see whether anyone appeared to place explosives in holes along the road. When no one came, Magincalda, Thomas, Pennington and Bacos went into a nearby home, stole a shovel and an AK-47, and went looking for an insurgent named Saleh Gowad. When they couldn't find Gowad, they went into a house belonging to Awad and kidnapped him, prosecutors assert. Magincalda, Thomas, Pennington and Bacos forced Awad to the ground and bound his feet, then took him to their hideout and placed him in a hole, according to the document. Hutchins, Thomas and Shumate fired M-16 rifles at Awad while Jackson and Jodka fired M-249 automatic weapons, killing him, the document said. Bacos then fired the AK-47 into the air to expend some shell casings, and Magincalda collected the casings and put them by the body, the paper said. Pennington cleaned prints off the AK-47 and put it in Awad's hands, it said. Hutchins, the top-ranking Marine, told his men to make false statements and on April 28 submitted "a false written report regarding the factors and circumstances related to Awad's death," according to the document. The larceny charge relates to the theft of the AK-47 and the shovel. WTF? Military law expert at Franklin Pierce Law Center said it is likely that deals would be reached and some charges reduced. "The chances are they will go after who they think is the least culpable, give him a deal and then have him testify against his comrades," said John Hutson, president and dean of center and former adjutant general of the U.S. Navy. "It's a whole lot easier with that kind of direct testimony."
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| Posted by:Steve |
| #12 Checking on the background of some these "civilian" lawyers, several of them have JAG and judge history, and I think a couple of them did their court time with the Marines. So, at least some of them are not "just civilian" lawyers, they are retired JAG's. This is happening, 'cause lots of folks are anteing up for defense fees. Think there is even a retired Marine JAG general serving for defense, being vocal about witnessing some procedures he's never seen before in his history with the Marines. |
| Posted by: Sherry 2006-06-22 21:58 |
| #11 I agree, this doesn't make any bleedin sense. But, with or without civilian counsel, they'll get a fair trial. For one thing, it's important to keep in mind that military defense attorneys report through an entirely separate chain of command. It's deliberately structured that way so defense attorneys feel free to advocate zealously for their clients. I'm confident in their military representation. I actually think civilian defense attorneys often hurt the accused's case, because the theatrics that play in civilian courts go over like a fart in a spacesuit in a court-martial. Military judges, usually O6s, are the most humorless, fastidious, impatient, and unforgiving legal machines on the face of the planet. And it's all directed at the prosecution, because th MJ knows the government has vast investigative powers compared to the defense. So it's best for the defense to just quietly let the MJ do his job, and not irritate him with some Johnnie Cochran swaggering around like an asshole. Panels, usually composed of field-grade officers and senior NCOs, are not impressed with civilian drama queens either. There's no room for bullshit in a military courtroom, so civilian attorneys usually come off like amateurs. So, I hope their appointed military defense attorneys are taking the lead. For another thing, pressure from seniors on the 32 officer or the panel is called unlawful command influence and is grounds for appeal. We legal pukes chew out commanders all the time to be sure they never do it. But if it were to happen, overt influence would actually be a good thing, because it increases the chance of getting any convictions overturned. A panel of Marines is going to look on these guys very sympathetically. Exactly, you don't send guys halfway across the world to kill people, then charge them with murder. Unless something truly criminal happened, I'm dubious that there will be any pleas or convictions. If the charges are politically motivated, we'll see some dismissed after the 32. Been there myself. Finally, consider the source. Schoolgirl's gossip is more accurate than most press coverage of military trials. When I was a prosecutor, I recall reading news accounts of my own cases -- and not recognizing them till I saw the accused's name. Reporters are fuckin clueless, don't know the difference between a corporal and a colonel. So reserve judgment, and pray for these guys. |
| Posted by: exJAG 2006-06-22 18:03 |
| #10 This doesn't make any sense. They took out a random Iraqi to make it look like they stake-out was worthwhile for what? Better yet, exactly who made these allegations to begin with? This story is completely full of holes. It makes absouletly no sense. |
| Posted by: Charles 2006-06-22 14:47 |
| #9 All eight have hired private attorneys and also have been given military defense lawyers. Military defenders will brief the private attorneys on how military courts work, if they need to. The private lawyers will make sure there is no railroad job. Remember, the MSM thought 2nd Lt Ilario Pantano's trial was a slam dunk too. |
| Posted by: Steve 2006-06-22 14:46 |
| #8 I don't see a motive here - at least not one that passes the Occam's butterknife test. |
| Posted by: Xbalanke 2006-06-22 14:24 |
| #7 yes...there is some doubt they will get a fair trial. With the World watching this unfold under a microscope...With the MSM hovering...With the Administration worried about fallout with the "muslim street" and the undecided voters in November...and with senior officers' careers committed to "guilty as charged"...the likelyhood of a fair court martial trial are not good. |
| Posted by: anymouse 2006-06-22 13:46 |
| #6 I agree with Steve. Hard to believe they got so bored that seven guys got together and decided to wack an innocent bystander. The New York Times would buy that, however... |
| Posted by: Bobby 2006-06-22 12:15 |
| #5 Is there a doubt they'll get a fair trial? I'd bet they will and I'll live with the verdict. |
| Posted by: Nimble Spemble 2006-06-22 12:04 |
| #4 Oh yeah, this should do wonders for their recruiting drive. They send you half way around the world to some sandy shithole to kill bad guys, then when you do they charge you with murder. Good thinking guys, way to back up the boys. |
| Posted by: bigjim-ky 2006-06-22 11:55 |
| #3 Compare the bullshit in the Corps now to the no quarter fight in the South Pacific 60 years ago. Unless there is an obvious instance of overt wanton thrill killing discovered in that hell hole called Iraq I would be loathe to accuse any soldier or Marine [youngsters btw] of murder. These guys could be entirely innocent but their case will be added to the litany of agitprop lies used by our enemies, Lefties in Eurabia, Muslimes throughout the world and demoCraps here at home. remember that CO [Army if memory serves] who slapped a jehadi and fired his .45 [or 9mm] into the air to get timely intel so he could save his men about 2 years ago? well He was court marshaled and so decided to quit the service! |
| Posted by: RD 2006-06-22 11:12 |
| #2 Paths Of Glory. It looks like the verdict is already in on this one. The trial will just be for show. |
| Posted by: Rex Mundi 2006-06-22 11:01 |
| #1 Our Marines are being sacrificed to appease the international community's sensibilities. "Charging men with murder here is like handing out speeding tickets at the Indy 500."--Captain Willard, Apocalypse Now |
| Posted by: Lancasters Over Dresden 2006-06-22 10:18 |