Hamdania lawyers: Military counterparts too busy to help
By: TERI FIGUEROA - Staff Writers | ∞
Civilian attorneys for eight Camp Pendleton men accused of murdering an Iraqi civilian in April said Tuesday that military lawyers assigned to assist their clients have been too busy to provide much help on the cases.
The seven Marines and one Navy corpsman have hired civilian attorneys in addition to being assigned military counsel, the latter of whom are said to be bogged down with large caseloads.
"(It's) the issue of the moment, one which prompted a scream from me this weekend," Carlsbad-based attorney David Brahms, a retired Marine general hired to represent Lance Cpl. Robert Pennington, said Tuesday. "The government proudly proclaims that they have given each of the eight (accused men) two military counsel.
"It's a bit illusory because neither of the counsel offered to me have the time to do anything."
Brahms said the two military defense attorneys are well-qualified and eager to assist. But one of the men, Brahms said, is a Miramar-based Marine with about 30 other cases on his plate. The other is based in Rhode Island and is in the middle of moving his family to Camp Lejeune in North Carolina.
Jane Siegel, one of two private attorneys hired to represent Pfc. John Jodka III, an Encinitas native, said the lack of help thus far could affect their ability to defend the men against a team of what she said were top-flight military prosecutors.
"It is ridiculous to say that there is equity in counsel," Siegel said. "There are five experienced prosecutors with nothing else to do, sitting in offices and working these cases, and we are still in the starting blocks waiting (for the assigned attorneys to be made available)."
Marine Corps spokesman Lt. Col. Sean Gibson said he could not comment on the attorneys' complaints.
The Marine Corps last month charged the men with premeditated murder, kidnapping, conspiracy and other charges for allegedly dragging 52-year-old Hashim Ibrahim Awad out of his home in the Iraqi village of Hamdania on April 26, binding his hands and feet, placing him in a hole and shooting him. They could face the death penalty if convicted.
They are also accused of placing a shovel and rifle next to the man to make him appear to be an insurgent planting a roadside bomb.
The next step in the military's judicial process is an Article 32 hearing to determine if the cases should move forward to trial.
In addition to Jodka and Pennington, the accused men are Sgt. Lawrence Hutchins III, Cpl. Marshall Magincalda, Cpl. Trent Thomas, Lance Cpl. Tyler Jackson, Lance Cpl. Jerry Shumate, and Hospitalman 3rd Class Melson Bacos. All are members of Kilo Company from the 3rd Battalion, 5th Marine Regiment.
Siegel, a retired Marine colonel, said that one of the military attorneys assigned to assist in Jodka's case is a reservist who is not slated to return to duty until Aug. 1.
No firm date for the Article 32 hearings has been set, Gibson said, adding that he was uncertain how the sessions would be sequenced. The hearings will determine if their clients will face trial.
Attorney Victor Kelley, representing Thomas, said he believed that about half of the hearings could get pushed back to September because of the defense work that remains to be done.
Siegel also said that she and her co-counsel, Joseph Casas, would like to delay the hearings until they can speak with witnesses from the men's battalion.
A preliminary autopsy report Siegel said she received was for an exam June 8, nearly seven weeks after Awad died. That report, she said, noted "severe decomposition" as well as "a lot of bullet wounds."
She also said the report makes no mention of anything related to bruising or marks from the alleged binding of Awad's hands and feet.
The report also makes no estimation of the distance from which the shots were fired, and there is no indication if Awad's clothing was examined for gunshot residue, she said.
Siegel also said the military had turned over log sheets showing Jodka was interrogated three times in Iraq, including a session May 18 that lasted seven hours.
There are no transcripts of those interviews, Siegel said, because military investigators did not use audio- or videotape to preserve the interviews.
The accused men were all detained in Iraq on May 12, and then moved to the Camp Pendleton brig, where they have been held since May 24.
In order to accommodate a large number of reporters expected to cover the hearings and any subsequent trials if ordered, Camp Pendleton is renovating an open-air facility on the base. Seats and lighting are being installed and audio and video of the proceedings will be broadcast via closed-circuit onto a large screen.
A small number of reporters will be allowed into the courtroom.
-- Staff writer Mark Walker contributed to this report. Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com. To comment, go to nctimes.com.
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mark wrote on Jul 11, 2006 11:15 PM:This case gets curiouser and curiouser. I guess this must be such a low profile matter, if the military provided defence council have no time for it, what does it really matter. Very very strange.
David wrote on Jul 12, 2006 4:57 AM:It seems like the Marine Corps is stalling -- something's not right -- isn't this whole thing supposed to prove to the world how fair, transparent and open our justice system is -- so far, NOT! Certainly the goal doesn't seem to be to get to the truth of what happened.
Phil wrote on Jul 12, 2006 6:34 AM:Yep, the Ye Ole Curiosity Shoppe. All my Corps has to do is for the presiding general is issue an order and these Marine lawyers - that are the absolute best - would become available. This publicity is a way to get that order issued. My Corps is going to have to be dragged kicking and screaming to properly defend these men, and the civilian attorneys understand it.
James wrote on Jul 12, 2006 6:38 AM:There is nothing fair or tranparent in the so called military justice system. You are guilty until proven innocent and the commanders have a already made up their minds so the accused, or should I say dammned, is just sitting around waiting to be sentenced.
o2cool1 wrote on Jul 12, 2006 8:49 AM:This is a disgrace upon this nation and upon the military in general to not only treat these men as if convicted of a crime already but to provide ineffective military counsel. Thank God these men and their families had the sense to hire private attorneys otherwise this Rail Road jod would be a long way down the track by now.
Terry wrote on Jul 12, 2006 9:47 AM:Our Marines are the subject of a political show trial like in the old Soviet Union. I would be bad for a Marine Lawyer's career to do too good a job for the defense. The President has told the Marine Generals to find these guys guilty. It's a horrible situation.
Kristin wrote on Jul 12, 2006 10:30 AM:This is exactly why there are protesters and rallies outside the gates every Saturday. Innocent or guilty, doesn't really appear as significant as the "example" the government is setting by hanging these guys out to dry. It appears someone from "upstairs" is trying to make P.R. brownie points on this and it is already backfiring. What a travesty of justice. Is this justice or a crucifixtion?
John1 wrote on Jul 12, 2006 11:11 AM:The media center upgrade will cost $1 million. That's enough to pay for the civilian defense of the Eight. As the father of one of the Eight, that is appalling to me. Proud Father of PFC John-
Jay wrote on Jul 12, 2006 12:13 PM:Hang 'em high. You bleeding hearts are the same people who demand swift justice when a horrible crime is committed here at home. Because they wear a uniform, to you they are "heros". Note to domestic criminals: put on a uniform before you commit mass murder, you'll get more sympathy from Joe Sixpack.
mark wrote on Jul 12, 2006 12:13 PM:I really don't understand. The Marine Corps leaks to Congress that the case is a slam dunk because they have confessions. But no transcripts were made of the interrogation. For what conceivable reason were audio tapes not made. Surely the NCIS does not lack the technology of even one cassette recorder. If Jane Siegal is to be believed the autopsy did not bother or was not able to confirm any of major assertions in the prosecution's case. A bullet riddled decomposing body can be picked up almost anywhere in Iraq. I've always believed that it is considered improper for the prosecution to with hold evidence from the defence. Or have I just been watching too much television? This is really going way beyond strange.
Chu Lai 66 wrote on Jul 12, 2006 12:33 PM:As a Marine I thank the civilian attorneys. This is what happens when the military (Marines) attempt to make war politically correct. Keep building the protesters at the gates. Lets give war a chance
David wrote on Jul 12, 2006 1:33 PM:I can't imagine anything that could possibly damage the military justice system more -- and our image around the world as a civilized, law-respecting nation -- than what has and is going on at Camp Pendleton -- What does the Corps have to say? "No Comment" And let me get this straight, John1, the $1million is going to the media center so the press can be comfortable watching these guys betrayed by the hands they put their lives into, but they can't free up the defense attorneys to fulfill their marginal rights, have i got that straight?
Leanne wrote on Jul 12, 2006 1:41 PM:'Curioser & curioser' 'beyond strange' 'anomous leaks from Pentagon' 'UCMJ above the law of the land' 'no transcripts from NCIS', and even a marine himself wrote: 'dragging and kicking' the marine counsel would have to be, in oder to do their job......and everyone wonders why we all hired civilian attorney's at our own expense. Where in the UCMJ does it say that in order to get a military attorney to produce, you would have to get a direct order from the Brass at Legal Defense? That would fall under conflicting orders, ie: defend this guy, but make sure he is found guilty, that's your orders. Have a marine attorney defend a marine accused, is like having an iraqi defend a marine accused......ummm, let's see, isn't that military attorney under orders 24/7 from, 0oopps the Marines!!
Leanne wrote on Jul 12, 2006 1:45 PM:How can a 'fair' trial be held when 2/3 of your jury is Marine (of course still active and under orders) and 1/3 civilian? And then only 2/3rds majority needed to convict? Yep, the military is waaaaaaaaaaaay above the laws of the land they were created to defend. And, evidence? Circumstancial, heresay, 8yr olds, no backup records of interrogations, ie: tapes, videos, just heresay? Oh, and who died and left the NCIS in charge of this anyway??? Weren't they too busy too, like the military counsel always are......
To all curious: wrote on Jul 12, 2006 4:09 PM:This isn't the Marine Corps overall, who run a "tight ship". Someone needs to find out where all these "orders" are coming from up the chain of command. "There is something rotten in Denmark"...er..Iraq..er ..Pendleton..er..Washington. I hope a good reporter or honest political type gets to the bottom of this and soon!!! The saddest part is that this type of behavior if followed could possibly lead to hurting recruitment in the future. You will need a "War Chest" before you serve. Bad policies need to stop now!!
Concerned American wrote on Jul 12, 2006 4:17 PM:What a disgrace! It breaks my heart to see this happening to good Marines and sailor who willingly put their lives on the line to defend their country and make a difference in another. What will historians have to say about us, when elected officials willingly condemn our own countrymen and protectors in order to appease foreign anti-American sentiment.
DaveH wrote on Jul 12, 2006 4:36 PM:As a former law enforcer in the Oceanside area, and one who dealt with Marines on a regular basis, my opinion, based on those contacts with Marines, is that the charges are bogus, and someone in the Pentagon or DC is using these guys as sacrifices to placate some Islamic complaint. THANK YOU, N C TIMES for getting the word out
John1-To David wrote on Jul 12, 2006 6:23 PM:Yes, David, you have that right. I got this figure directly from a USMC source.
Herkco wrote on Jul 12, 2006 6:57 PM:Gen Pace, Gen Hagee, you send warriors to battle...let the enemy set them up and then abandon them. Shame on both of you. Good riddance to this Commandant.
David wrote on Jul 12, 2006 7:07 PM:I'm speechless. A million dollars -- don't let anyone say this is not being done for public opinion rather than justice. And from these comments it sure is not the public opinion they were looking for! How much are you going to pay your civilian lawyers, and the other families? And these guys were in shackles before they were even charged, and it turns out these so-called confessions weren't even recorded -- Unbelieveable. Any ideas on what we can do about this -- who's in charge? Who can we write, call, fax, etc.?
Peggy wrote on Jul 12, 2006 10:30 PM:So, what am I supposed to tell my 18-year-old son who wants to enlist? "Don't go; if the enemy doesn't get you, your leaders will"? It's such a travesty that these marines are being treated worse than the terrorists at Gitmo, and on such flimsy evidence, to boot. I hereby commit myself to pray for these men and to write to my senator, my congresswoman, and my president on their behalf frequently, until justice is done.
Dear David wrote on Jul 12, 2006 10:35 PM:Write letters to the editors of your papers. Call and fax your senators. It also might be worth a shot to call or fax
To North County Times wrote on Jul 13, 2006 7:15 AM:Thank you for covering the story. Your writer of this article does a good job reporting the details. Keep up the good work. I hope other news sources will cover this story in the same manner and truthfulness and not buy the propaganda coming out of the "Media P.R. Center" being staged for them.
steffi wrote on Jul 13, 2006 7:35 AM:I am totally disgusted with the way our servicemen are being treated. I think all reporters should be kicked out of Iraq and let the Marines get the job done. I haven't seen anything positive come from the media or the liberals in this country. They do nothing but run this country down and especially our wonderful servicemen. Without these guys our country is lost! I sure hope that the government isn't using the pendleton 8 to set an example. I think this and haditha and all the other accusations are an enemy plot to help bring this country down and demorilize our military. The media and all the lefties are rooting for a defeat. My prayers go out to the servicemen that are being accused and their families. Thanks for all that you do.
Mike wrote on Jul 13, 2006 9:24 AM:What a sad, pathetic joke. These men are judged guilty by the media before any evidence for defense is provided. Worse yet, they are left twisting in the wind by their own government as what look to be political sacrafices to get the media to quiet down (which it won't).
Clo wrote on Jul 13, 2006 10:41 AM:If the terrorists held at Gitmo were assigned counsel too busy to assist in their defense, the media and the US Congress would be rallying for their cause and shouting about unfair treatment of the “detainees”. Dick Durbin would be making speeches on the senate floor and all liberal news outlets would be making the detainees cause a front page story. Yes, the same detainees/terrorists that want to kill all Americans. The double standards of this case are mind boggling and sadly a reflection of our current culture. The fact that the Marine brass are building a media center to make the media comfy during this trial is a sure sign that innocent until proven guilty and the US Constitution are no longer applicable and the law of the land. Pendleton 8 – Prisoners of Politically Correctness.
Anne wrote on Jul 13, 2006 4:09 PM:It's so upside down. So Wrong to not defend your own Soldiers. Who or what, has taken over the USA?
Jan wrote on Jul 13, 2006 8:29 PM:I am thoroughly disgusted with what is happening to the Pendleton 8. We allow them to be set up by the enemy, and then those at the top abandon them to protect their pensions and positions. God help us! My father who flew bombing raids over Germany in WW2 would be charged with murder by today's unrealistic standards. SOMEONE PLEASE PRINT THE ADDRESS OF THE DEFENSE FUND so we may all contribute to these precious young men! We must not allow them to be railroaded!
Stryker Mom wrote on Jul 13, 2006 8:52 PM:This railroad job of our own warriors is a load of crap! These are OUR MARINES. Looks like Marine brass doesn't intend to lose this one. Please give us the name of a DEFENSE FUND for the Pendleton 8! Thank God for civilian attorneys. Hagee, Navarre, and Pace are NOT WARRIORS...they are nothing but lousy politicians.
Hansard wrote on Jul 14, 2006 9:37 AM:My father, age 82 now, was a young United States Marine at the ages of 17, 18, 19 and 20 in WWII in the Pacific from 1942-1945 or there abouts. In recent years, I have been reading books on the Battle of Bataan, the surrender of the U.S. troups to Japan that led up to the Bataan "death march" that set the stage for which my father and a multitude of other young American men entered into. My neighbors grandfather was a survivor of the Bataan death march as a Chaplin for the United States Military. His book, "Sermens from behind the barbed wire" is an amazing national treasure. What stories are only now being told by our grandfathers, by our fathers, that the young men of the military are now not able to share, are beyond words. Yes, war is hell. It brings out the best and the worse in man and mankind. I make my plea to the American People to demand the best attorneys for these Young United States Marine. What is there to prove in cruxifying them? What is there to prove by charging them with murder? Of all times, err, if you must err on the side of mercy for the miliatry young men who have gone through hell, and who were doing the best they could, given the givens. Thanks goodness our WWII Veterans were not under the evil eye of the modern lynch-mob left-wing media vampires. Now is the time to stop hating America, and all that is America. Who among you would have done better given the circumstances these young men were faced with. Is there even a remote possibility there was a set up on the part of the enemies of the United States Military?
For those asking: wrote on Jul 15, 2006 12:10 AM:For those asking about the Defense Fund: http://www.marinedefensefund.com
Cindy wrote on Nov 15, 2006 12:43 PM:It saddens me that my family which is 3 generations of men who served in the U.S. Navy and Air Force. How dare our country try these men. It is so sad what our country has come too with the good guys fighting a war overseas. Please pray for these men, prayer can move mountains and hopefully that will happen for them. We silent majority need to stage a prayer sitin........to help them. I do not personally like how Rumsfeld misused our Marines in this war. Times may have changed, but this writer still lives by Gods morality in my daily life.
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