Hamdania defendants' Web sites drawing attention

By: TERI FIGUEROA - Staff Writer | Friday, July 7, 2006 10:20 PM PDT

Seven Web sites set up by friends and families of eight Camp Pendleton troops accused of kidnapping and murdering an Iraqi civilian are getting thousands of page hits ---- and raising money for their defense.

The supporters also are planning auctions and hosting barbecues in their attempts to raise money to pay the bills of the civilian attorneys the men have hired, bills that are expected to be as much as $100,000 or more per man.

Seven Marines and one sailor are charged with murder, kidnapping, conspiracy and related offenses in the April 26 death of 52-year-old Hashim Ibrahim Awad. They could face the death penalty if convicted.

The accused men, members of the 3rd Battalion, 5th Marine Regiment's Kilo Company, have not had an opportunity to enter pleas; that stage of the proceedings has not been set.

Family members maintain the men are innocent and are using the Internet to rally support for them.

Terri Jackson, mother of defendant Lance Cpl. Tyler Jackson, said Thursday that she put up her Web site "because I wanted people to know that Tyler was innocent and he was a good guy.

"I've been hearing that people wanted to write to him, so I wanted there to be a way for people to do that," she said, adding that she prints out the comments and sends or takes them to her son, who she visits every weekend.

Seeing those notes, she said, is "a very uplifting thing for him."

"I sent him a stack of 40 (notes) and said, 'Here's some good reading for you,' " Terri Jackson said. "He was just awe-struck."

The other defendants are Sgt. Lawrence G. Hutchins III, Hospitalman 3rd Class Melson J. Bacos, Cpls. Marshall L. Magincalda and Trent T. Thomas, Lance Cpls. Robert B. Pennington, Jerry E. Shumate Jr., and Cpl. Trent D. Thomas and Pfc. John Jodka III.

The accusations


Each man is accused of playing a role in allegedly taking Hashim Ibrahim Awad from his home in the Iraqi village of Hamdania west of Baghdad, forcing him into a hole, binding his hands and feet and shooting him, according to documents that Marine prosecutors filed when the men were charged on June 21.

According to the prosecution's account, five members of the squad fired bullets into Awad. Three others staged the scene to make it appear the man was an insurgent, including placing a shovel and assault rifle next to the body.

They also allegedly used the rifle to shoot bullets into the air, collected the shell casings and placed them next to the body along with the rifle, which had fingerprints wiped clean, according to the prosecution.

The military has appointed defense attorneys for each of the men, and each has hired civilian attorneys to represent them.

Paying the attorneys


Deanna Pennington of Tracy ---- Robert Pennington's mother ---- said she anticipates the legal fees to pay her son's civilian attorney will top $100,000, an amount she said the other families also anticipate they will need.

Her Web site has brought in about $16,000, she said.

"Part of me feels guilty for taking the money," she said in a telephone interview Thursday from a friend's home in Oceanside, "but it is not about me, it's about Rob and Rob's life. And when I think about that, I am a real momma bear."

Jodka's father, John Jodka Jr. of Encinitas, also anticipates a large bill.

"You can buy a lot of Mercedes for it, let's put it that way," he said. "There's been a wide range of people sending whatever they can. People from all over the country. It's been very gratifying."

The father of one of the accused young men ---- all are in the enlisted ranks and range in age from 20 to 24 ---- said he is using his home to raise money.

"We refinanced our house," said Magincalda's father, whose first name also is Marshall. "We are selling off our property" in Northern California.

Barbecues and auctions


Jenny Keesey, a friend of the Shumate family, also has established an Internet site to help the parents pay their son's legal fees, raising about $8,000 thus far, she said.

She is heading up fundraisers and hosting a barbecue today in the family's tiny hometown of Matlock, Wash., which boasts a population of about 300. A car wash and auction are in the works.

A Web site for Hutchins is on the way, his fiancee, Reyna Griffin, said Friday.

Griffin, who just returned to the East Coast after her first trip to visit Hutchins since he was returned from Iraq by the Marine Corps and jailed in mid-May, also is planning silent auctions in the Massachusetts area where the two live.

Besides the legal bills, Griffin, 22, said the expense of coming to California and Hutchins' collect calls add up quickly. The calls alone have run up a $500 tab, she said.

Magincalda's father said in a telephone interview from his home in Manteca on Thursday that just accepting a collect call from his son costs about $20, an amount that does not include charges for the length of the conversation.

Other Web sites


Other supporters have set up a handful of sites so that donors can give to a fund that will stake the fundraising efforts set up by United American Patriots, based in Greensboro, N.C.

Through its Web address ---- www.warrior-fund.org ---- and the checks mailed in, the group has raised more than $3,100 for the defendants, said the United American Patriots founder and president, Bill Donahue.

"The young Marines and sailor, with their paychecks, they'd have to live 100 years to pay those bills," said Donahue, a retired Marine major. "I've been in touch with four families and the stories they tell me make me sick in my boots, taking out second mortgages and so forth."

Under the system, families of the defendants can apply to Donahue's group and send in their legal bills to help defray the costs, Donahue said. The funds are overseen by a certified public accountant and the group has registered as a nonprofit organization.

Donors, Donahue said, have sent in amounts from $5 to $500, through both the mail and the Web site. The goal, he said, is to raise $2 million and to help out any other U.S. military members accused of wrongdoing in Iraq or Afghanistan.

Getting attention


Aside from the fundraising, the Web sites are getting plenty of hits. Jodka Jr. said his Web site has gotten about 10,000 hits in the few weeks it's been up.

Jackson's mother, Terri, said her Web site gets at least 100 hits (a term for page views) a day ---- and has tallied more than 2,500 visitors since she set it up about two weeks ago.

She declined to say how much money the site had raised, but noted that "there's more in there today than yesterday.

"We are not really sure how we are going to pay for them (the attorneys)," Jackson said. "It's a lot of money to come up with."

The Hamdania case has grabbed headlines coast to coast, and some family members and attorneys of the accused men have made appearances on national TV or radio programs to highlight their sons' cases.

Pennington said she notices a spike in Web site visits after such appearances by her husband.

Family members said the e-mails they have received offer words of support that Pennington's mother termed "incredible" and Jodka's father called "very, very heartwarming."

Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.

Web sites established by friends and families of Hamdania defendants


Corpsman Melson Bacos: www.patriotdefensefund.com

Tyler Jackson: www.fightingfortyler.com

John Jodka III: www.innocentmarine.com

Cpl. Marshall Magincalda: www.defendourmarine.com

Lance Cpl. Robert Pennington: www.defendrob.com

Lance Cpl.Jerry Shumate Jr.: www.friendsofjerry.blogspot.com

Cpl. Trent Thomas: www.defensefundformyhero.com

Other site supporting the men:


www.defendthetruth.com

www.warrior-fund.org

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Great! wrote on Jul 8, 2006 5:36 AM:I hope America wakes up and see this for what it is! A shame to make kissy face with the new formed Iraq government. The same governmemt that wants to give freedom to the captured insurgents! Wake up America!

Where is coporate america? wrote on Jul 8, 2006 6:03 AM:Hey corporate America. Why don't you donate money to get these guys a real defense. A defense they can't afford because they decided to join the Marines. All they want is a chance to really get their cases heard and a fair defense. How about some of the big name attorneys or law forms, where is the pro-bono lawyers for America. Or do you just suport the gangsters! These guys don't have a chance, because the federal government wants them and they are already marked for disposal as a sign of love to the newly formed puppet governmet in Iraq! Good Luck Devil Dog!

The military will get them someway wrote on Jul 8, 2006 6:24 AM:Everyone needs to first understand, the threshold for probable cause is very low and it does not take much to get something into a courtroom. As for these Marine, it has been my experience of 20 plus years in military law enforcement and investigations, having helped put cases like this together, and testified in these courts; that these Marines will be found guilty of something. It won't be good! Even if the original charges don't make it all the way to a conviction of murder. The Marine Corps will find them guilty of some misconduct. Guilty of any type of misconduct they can dig up that under normal circumstances would have been handled at a lower level and not required them to loose their careers or be punished with more than a written reprimand. Example: An allegation is made that Marine (A) is committing or has committed the crime of theft. During the investigations it is discovered that Marine (A) has committed adultery, or any other crime unique to the military and normally not addressed or investigated. If there is not enough evidence or the charges of the original crime under investigation (Theft) are dropped, then the Marine has already been marked and will be disciplined for that adultery! This goes for many other crimes as well that are investigated within the Corps and are normally handled at a lower level, but allow for very severe punishments if the Generals wish it to be! These poor souls are done! Good Marines though. They did their jobs! Semper Fi!

Jack wrote on Jul 8, 2006 6:51 AM:It is awful when lawyers ask for money do work for members of the military. We have now come full circle on this Hamadia thing. Marines should never have been charged to begin with. These civilian lawyers don't need to ask for money on this one; they simply take advantage of the emotions of people to do their begging. Sorry boys I hope you are set free but I will not pay a dime to a civilian lawyer for any reason. They are as low as members of the U.S. Congress. The civilian lawyers get paid whether they do anything for you or not. Did you know the main reason we have such grave problems in Iraq is because of undue civilian involvement?

To Jack wrote on Jul 8, 2006 8:55 AM:If I were one of these guys I would sure as hell want a lawyer not connected to the military. There are fine lawyers in the military that I'm sure will do their best on this case, but if there is a possibility that the Marines have an agenda and these men are their pawns, I think the only way to get them fair representation is to give them civilian lawyers. Let's not forget that the government pays to defend civilians who are accused of murder -- first with public defenders and, if necessary, using tax dollars for private defenders. I'll gladly pony up for independent attorneys to see that justice is served in this case. I think recent history has shown we can't trust the military to always do the right thing.

Don't be too hard on the civilian lawyers... wrote on Jul 8, 2006 10:06 AM:Even if they were to take the case pro bono there would be a lot of expenses that they can not be expected to pick up. It will be very costly to travel to Iraq, particularly to the very dangerous areas that these alleged crimes took place. But unless your want them to base their defence on what will surely be a slip-shod NCIS investigation, it will have to be done. Expert witnesses may also have to be hired to counter those that the government will provide. Make no mistake, the government has a lot of resources and a determination to find these men guilty of something. The attorneys in these cases specialise in defending military personnel, not millionaires, so I don't think they are that wealthy themselves and will need all the help they can get.

John1 wrote on Jul 8, 2006 4:44 PM:As the father of one of the boys in the brig, I have to agree with "Dont be too hard on the civilian lawyers"-- the two I've hired for my son are conservative in their rates, and are VERY conservative in how they charge, and they have employed the assigned (and free) military counsel to the max extent to further slow the cost growth. They truly want to defend my son and are not getting wealthy on his misfortune. Semper Fi- John- Proud Father of PFC John

Phil wrote on Jul 9, 2006 9:19 AM:I believe that all of us will help as we can. But I agree, where is corporate America? How about the defense being picked up by a group of defense contractors that are making the money off of this war? The entire thing makes me so sick in spirit. Semper Fi

Mark wrote on Jul 9, 2006 12:01 PM:Sorry to break this to ya Phil, but corporate America wouldn't touch this with a 100ft pole. They make money off the war but don't have any particular interest in it's out come, or even the human costs to our troops, unless there's a buck in it. They are globalists, ready to do business with anyone, anywhere, anytime if it will result in generous stock options!

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