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Attorneys for accused troops say Marine Corps hampering defenses
By: MARK WALKER - Staff Writer | ∞
In this copy of a photograph made available to the Associated Press on Wednesday a military vehicle is seen on the side of a road in Hamdania, Iraq, on May 9, 2006. Naval Criminal Investigative Service agents claim that on April 26 seven Marines and a Navy medic, without provocation, went into the rural Iraqi town of Hamdania and kidnapped and murdered 52-year-old Hashim Ibrahim Awad. They allegedly tied him up, put him in the hole shown in this photograph and shot him. After the killing, the troops allegedly placed an AK-47 in Awad's hands and put a shovel in the hole to make it appear Awad was an insurgent planting explosives, investigators say.
Associated Press
CAMP PENDLETON ---- Attorneys for two of seven Marines charged with premeditated murder in the shooting of an Iraqi civilian in April accused the military Thursday of refusing to provide basic information necessary to prepare their defenses.
Ongoing Coverage: Hamdania
They also complained that the Marine Corps has denied a request that they be allowed to hire an independent investigator to travel to the scene of the incident.
"The government had no problem sending my client over there three times in defense of our country's freedoms and liberties," said attorney Joseph Low, who represents Cpl. Marshall Magincalda. "Therefore, they should have no objection to sending an investigator over there once in defense of those rights that he risked his life for."
Lt. Col. Sean Gibson at Camp Pendleton said it would be premature to send an investigator to Iraq before hearings are held later this summer to determine whether the charges against the seven Marines and one Navy corpsman stand.
The men are accused of conspiring to kidnap and kill Hashim Ibrahim Awad and then lie about what happened.
"At the appropriate time in the proceeding, and if warranted and requested, the defense attorney may be given access to the crime scene via military means," Gibson said. "It would be premature to do so prior to the Article 32 hearings."
An Article 32 hearing is the first step in the military judicial process of determining whether criminal charges against an accused will stand and they will go to trial. The hearings for the accused men are expected to begin in late August or early September.
Attorney Jane Siegel, who represents Pfc. John Jodka III of Encinitas, also said the Marine Corps has told her it does not intend to produce any Iraqi witnesses at the hearings.
"We're being deprived of the basic tools that we need for what the Marine Corps has assured us will be a fair and impartial Article 32 hearing," said Siegel, who spent more than 20 years in the Marine Corps and has been involved in dozens of military trials.
Siegel said the letter denying a visit to the Iraqi village of Hamdania was signed by Lt. Gen. John Sattler, commander of the I Marine Expeditionary Force based at Camp Pendleton, and given to the attorneys this week.
The Naval Criminal Investigative Service has interviewed two of Awad's brothers, his oldest son, and a cousin, Siegel said, but none will be present at the Article 32 hearings.
"We need to talk to all these people and to others that may have seen or heard something," Siegel said.
"Not being able to go to Iraq or interview these people just guts any possibility that we could provide the other side of the case."
The men allegedly told their Marine commanders that Awad was killed after he was spotted planting a roadside bomb. The Marine Corps has charged the men with abducting Awad from his home, binding his hands and feet and shooting him, then staging the scene with a stolen shovel and AK-47 assault rifle and expended shells to make it appear as though he was planting a bomb.
"This was a well-known individual who supposedly was taken out in the middle of the night who never screamed or struggled and allegedly walked with these Marines to a site several hundred meters away," Siegel said. "We want to know who saw what."
Gibson said there is no assurance that any of Awad's relatives or any other witnesses interviewed in Iraq would come to the U.S. for the hearings or any subsequent trials.
"There is no mechanism in place to compel them to testify," Gibson said.
Siegel said she anticipates the Marine Corps will put on a "paper case" based on reports from investigators and then say that it has presented probable cause sufficient to believe the charges against the men are true.
The other defendants are Sgt. Lawrence Hutchins III, Navy Hospitalman 3rd Class Melson Bacos, Cpl. Trent Thomas and Lance Cpls. Tyler A Jackson, Robert Pennington and Jerry Shumate Jr.
They are assigned to Camp Pendleton's 3rd Battalion, 5th Marine Regiment. Another group of Marines from Pendleton's 3rd Battalion, 1st Marine Regiment are being investigated in a separate case involving the deaths of 24 civilians in the city of Haditha in November.
The defense attorneys, hired by the men's families as additional counsel to the military attorneys appointed by the Marine Corps, also complain they still do not have complete autopsy or forensic reports. Awad's body was exhumed in June and examined at Dover Air Force Base in Delaware before being returned to Hamdania and reburied.
Gibson said that preliminary reports were given to the attorneys in late June and that final reports have not been completed.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
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Jack wrote on Jul 21, 2006 6:36 AM:The Marines would never have these guys in the brig in the first place had it not been for the great specter of civilian interference. It is ludicrous to print something as foolish as this story by one of your reporters. The Marines are as anxious to help these Marines out as anyone else. The Marine Corps takes care of its own. Semper Fi.!
It's just the Military way. wrote on Jul 21, 2006 6:42 AM:As paul hackett says "Quit complaining and grow up."
to the readers: wrote on Jul 21, 2006 8:42 AM:Here's the story so far! Some Marine Corps Brass "chain up" and put our boys in solitary confinement BEFORE any charges are even placed. After the charges are placed they hire a group of "big gun" prosecutors to work FULL TIME on the case. They assign overwhelmed and underprepared military defense attorneys for the "Pendleton 8". The families have no choice and are FORCED to hire civilian attorneys. Now the prosecutors refuse to give access to and cooperate with them. They don't turn over evidence in a timely manner in order to provide a FAIR and BALANCED defense. When citizens show up to protest the treatment of the Marines and support the troops they are harrassed and intimidated by "security". Maybe a few people should re-read their "Marine Creed". So much for no man left behind.
John1-To Jack wrote on Jul 21, 2006 8:53 AM:Jack, The rank and file Marines are anxious to help. The leadership is not. These leaders have forgotten "Semper Fi". The way my son and his squad mates have been treated is a scandal. Proud Father of PFC John
John-To Military Way wrote on Jul 21, 2006 8:57 AM: F- the "military way". Paul Hackett would be on the news and fighting this case exactly the same way.. Proud Father of PFC John
Concerned wrote on Jul 21, 2006 9:11 AM:Can it get any worse? The war, which seemed like an admirable endevor at the time, has done nothing but fueled negativity at home and abroad. Now, they (Iraqi terroist sympathizers)trump up some charges (what else is new?, and our government appeases them by bringing our men to trial? That's absurd. Talk about a boondoggle. There is nothing good about this. A democracy in the middle east? An admirable cause, but not worth the price. If you accuse our men of misconduct, then prove it with witnesses. Or drop the case! There's already enough egg on our faces!
o2cool1 wrote on Jul 21, 2006 9:32 AM:Well it look's like they've got a head of steam up on the engine for this train to proceed down the RAIL ROAD. Do not expect a fair and honest trial because that would lead to an acquittal which is not what the Bush administration wants. George W Bush is more than willing to sacrafice these men in hopes of appeasing the Iraqi people. Think I'am wrong? Then ask yourself since they haven't even had the article 32 hearing why spend over 1/2 a million dollars on the media center with another 1/4 million ear market for other media related expences.The answer is clear it's a done deal without benefit of a hearing or evidence.
To Proud Father wrote on Jul 21, 2006 9:32 AM:You should be proud. The Pendleton 8 supporters that rally every Saturday are also very proud of your son and the rest of the rank and file. You should not waste your time responding to the ignorant comments that come from cowards who sit at their computer and would never be brave enough to fight for their country. They can't even support our troops much less fight. What do they know. NOTHING! Focus on the support you are receiving from the rally goers and the rest of your supporters. Everything will be okay. We are praying for your son ALWAYS! Thank you, Christine
mark wrote on Jul 21, 2006 10:59 AM:These stories are starting to be picked up by the wire services again. Pressure needs to be kept on the Marine Corps. They need to be made to know with certainty that whatever boost in Iraqi public opinion they are hoping for by railroading these defendants, the horrible plunge in American public opinion will be much too high a price to pay. Nobody seems to think that this case is being handled normally except Lt Col. Gibson. If he is right and everyone else is wrong then there are definitely big problems in the military justice system.
Sharon wrote on Jul 21, 2006 3:59 PM:I am one of the proud people to be outside the gate every Saturday trying to get word out that these men don't belong in the brig. These men went to war for us and now it's country is turning it's back on them. Lt. Col Gibson should think more about the enemy...Iraq and it's people then his marines doing there job...SINCE WHEN IS DEFENDING YOURSELF MURDER!!!!!!!!!!! GOD BLESS THESE MARINES AND NAVY MAN AND ALL THE OTHERS FIGHTING
JA wrote on Jul 21, 2006 6:07 PM:God Bless Proud Father of PFC John and his son, also Christine, Sharon and Mark. 02cool askes some real good questions, I doubt that we will get real answers. The whole situation stinks to high heaven!
Dave wrote on Jul 31, 2006 1:58 PM:Anybody who believes these Marines are not being railroaded are living in a fantasy world! I spent 20 years as a Marine and have witnessed many a good man brought down in flames by this so called justice system. Now the Commanding General sends his chief of staff to interrogate these Marines and Sailor without their legal representation present! Is this due process? I think not! These men are being hung out to dry, plain and simple.
Frank wrote on Aug 13, 2006 2:24 PM:What in GOD'S name is going here? These"beyond brave"fighting men,will now forever be known as"The Pendleton Eight."AND one of our"so called" distinguished?members of Congress,that already has branded all of them as guilty,is now in the"jackpot"for LYING about"When"he was briefed on the matter by the"Commandant of the Marine Corps." In this country,"The land of the free", because of the brave,even an accused mass serial killer,is considered and treated as innocent,UNTIL proven guilty.These men,were sent home from Iraq,had base liberty for a week,THEN taken into custody and put into,and kept in"CHAINS"!!!!,until there was a mass protest march at the"Main Gate",by hundreds of people.The Marine Corps is NOT even permitting their"hired"and assigned defense attorney's to go to Iraq,to visit the scene of the alleged crime,and interview potential witnesses.WHY??I DO PRAY,that this refusal,and their very harsh and totally unjustfied treatment thus far,is not due to"political" pressure from Washington.How can they EVER get a fair trial by court martial?,when all the government has are statements and forms from PAID family members and others that may not have even been there????COME BACK CHESTY--WE NEED YOU SIR.
Ken wrote on Aug 30, 2006 6:26 PM:This is so lame. My son is in the USMC and shot at and maybe killed some innocent people that were speeding at his checkpoint, maybe they were innocent and maybe not, but they were shooting at the engine block. Anyhow, in those instances the vehicles turned around and left, carrying whatever evidence away from them. The enemy could fix it up any way they wish, including firing stolen M16 rounds into the corpse, or the live body, tehy are so cruel.
Ken wrote on Sep 1, 2006 3:12 PM:This is so lame. My son is in the USMC and shot at and maybe killed some innocent people that were speeding at his checkpoint, maybe they were innocent and maybe not, but they were shooting at the engine block. Anyhow, in those instances the vehicles turned around and left, carrying whatever evidence away from them. The enemy could fix it up any way they wish, including firing stolen M16 rounds into the corpse, or the live body, they are so cruel.
Shame on USMC wrote on Sep 27, 2006 7:34 AM:This is absolute BS. Having been in Iraq myself and having been through one the the NCIS's "thorough" investigations, I know what these guys are going through. The powers that be in the Corps don't care what happened. They just want to appease the liberal politicans and liberal media. This all happens because we allow the media to be over there and film whatever they want. It should not be that way. The American public is stupid. They cannot grasp what is going on overthere by watching the sensationalized stories on CNN. When I went through the investigation, their procedures would have been laughable if it wasn't happening to me. Even my CO, a federal prosecutor in his normal job, and a former JAG officer, officially complained about the investigation and how it was being conducted. Of course he was ignored. As were the any witness or evidence that did not point in the direction that NCIS wanted it to go. I feel for you Marines. Some of us still know what Semper Fi means. OoRah
thomas p-nut x-marine wrote on Sep 28, 2006 8:04 AM:I am behind you with my my prayers ,as an ex-always marine we go there and do a job we are told to do and sometimes it doesnt come out just like its supposed to but we still should be backed no matter what------what about all those people dug out of the ruins at 911 ,god be with you,semper fi
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