Attorney says completed autopsy provides no showing man was bound
By: TERI FIGUEROA - Staff Writer | ∞
A completed autopsy report for an Iraqi man alleged to have been killed by a group of Camp Pendleton troops in April lacks conclusive evidence that the man's hands and feet were bound as the government alleges, an attorney for one of the defendants said Tuesday.
The lack of that finding, however, may be a result of decomposition of the body, which was exhumed for examination several weeks after the man was buried in Iraq.
The autopsy report, provided to attorney Joseph Casas and other defense attorneys Tuesday, concludes that Hashim Ibrahim Awad died from a homicide, he said.
Casas, who represents Pfc. John Jodka, declined to provide a copy of the report, citing legal reasons.
"We could move to suppress the report (in the trial)," Casas said, "then I would be potentially shooting myself in the foot if I say what is in there."
The autopsy report does not include photos of Awad's body, he said.
As for evidence of binding of Awad's hands and feet, Casas said the report stated there was no evidence of hemorrhaging or other injury that might be found if the accused men had tied up the 52-year-old man with plastic cuffs or other restraints, as the government has alleged.
But the report also hedges on the issue, Casas said, because it then quickly states that Awad's body was in a state of decomposition.
Awad's body was exhumed in June and examined at Dover Air Force Base in Delaware. Last week military officials said the body had been returned to Hamdania and reburied.
Casas said the fact that Awad's body has been reburied could harm the defense because pathologists for the defense could only offer an opinion on the report done by the government's pathologist.
"It's one thing to review government's report, another to have a hands-on analysis of the body," he said.
Casas said that, in his layman's interpretation of the report, the number of bullet wounds that hit Awad could not be determined. The Marine Corps contends the men conspired to kidnap, kill and then cover up the circumstances of Awad's death.
In charging documents, the government alleges that Awad was shot multiple times by five members of a unit from the 3rd Battalion, 5th Marine Regiment based at Camp Pendleton. The men are awaiting hearings to determine if the charges against them will move forward.
Other defense attorneys contacted Tuesday said they, too, had received the report but had not had a chance to review it.
In addition to Jodka, the accused are Sgt. Lawrence G. Hutchins III, 22; Cpl. Trent D. Thomas, 24; Cpl. Marshall Magincalda, 23; Hospitalman 3rd Class Melson J. Bacos, 20; Lance Cpls. Tyler A. Jackson, 22, Robert B. Pennington, 22, and Jerry Shumate, 20.
-- Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.
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mark wrote on Jul 26, 2006 1:25 AM:The prosecution has implied that at least four of the defendants were involved in binding the mans wrists and ankles. That would seem to me to denote a fairly violent struggle. Even after several weeks of decomposition I would be surprised if a competent examiner would not find conclusive physical evidence to back up the accusations.
The prosecutions case is full of holes! wrote on Jul 26, 2006 7:50 AM:I keep reading that allegedly the man's hands and feet were tied by four of these strong young well trained Marines. Four to do this? Don't forget that the man was 52 and according to the reports, semi-handicapped. Now we read that there isn't any evidence of this happening. The whole story appears to be "hyped" for an ignorant American audience. I am not buying it.
Concerned wrote on Jul 26, 2006 11:04 AM:Does anyone have any suggestions as to who we should write to protest this diabolical decision to prosecute these soliders. Should we write our congressman? Senator? Who has the influence to turn this around and adhere to a modicum of common sense? There are very few people we can trust in Iraq. Sad but true. They do not seem to want to embrace democracy, nor do the seem to want a productive society. They do seem to embrace havoc and chaos. The thought of taking any allegations from this population and charging the very men that are trying to help bring some sort of order there is absolutely ludicrous! What can we do to stop this madness? Who can we write.
Saddened by Your Hate wrote on Jul 26, 2006 11:58 AM:Excuse me, who actually started the chaos and havoc in Iraq? Who actually decided it was time to shove democracy down the throat of every Iraqi citizen whether they wanted it or not. Don't like the outcome now that you found out the mission really WASN'T accomplished? Swaggering and boasting not working so well for you anymore? You people really need to get a grip on reality, and quit confusing the insurgents with the civilians who are trying to live some semblence of a normal life. Contempt breeds hate and hate breeds ignorance.
To Saddened wrote on Jul 26, 2006 12:40 PM:It seems like you are the one with the "contempt" and "hate". Maybe you need to look at yourself before you direct your rudeness to others!
Concerned to Sad wrote on Jul 26, 2006 1:08 PM:Excuse me. The chaos and havoc I refer to have been in that part of the world for centuries. In case you haven't been paying attention the insurgents are the civilians and the civilians are the insurgents. Not at the same time, of course. They like "you people" seem to change their stripes at will. The only contempt I have is for people like you and the only hate I have is for the people we are fighting from the Middle East. If that makes me "ignorant" then so be it. Ignorance is bliss. Maybe all the "smart" people should move to France!
to saddened wrote on Jul 26, 2006 1:26 PM:Do me a favor and save your "hate" speech. Why do you hate democracy so much? It was Sadam Hussein who started it and I don't hear you crying about the TENS OF THOUSANDS of civilians he butchered. P.S. there is no "normal life" over there. I know you are used to a Walmart and Starbucks on every corner and you have NO idea what "normal" is over there! Our soldiers are doing an OUTSTANDING job considering the circumstances. Why don't you call up the leader of Hezbollah and share your little "Contempt breeds hate.." speech. I'm sure he'd love to hear from you.
saddened by your hate wrote on Jul 26, 2006 2:14 PM:I can see that there is no room on this posting for differing opinions. I am not a "hater" of democracy as you so conveniently label me. As for Saddam's atrocities, I believe that strays from the subject quite a bit. Do you know for certain that there is no such thing as a "Normal' life over there or do you compare that only to the life you know? No one EVER questioned the job our soldiers and marines are doing there. Call Hezbollah, really? That's mature.
to sad wrote on Jul 26, 2006 4:24 PM:Differing opinions are welcome. This isn't elementary school where everyone has to play nice. I am glad to know you don't hate democracy. It has bought our right to speak freely as we are doing. Saddam's atrocities are completely relavent to the subject. His bold dictatorial atrocities certainly helped bring on the war. I hope and pray that the civilized people of Iraq can have a normal life one day, by their own standards, not yours or mine. I know they certainly don't want the U.S. to cut bait and leave them fighting by themselves. It would be like living in the worst gang infested area in America and trying to "make nice" with the local gang members by kicking out the police. Say nothing and you live, help them (or the terrorists) and you live longer. My remark about calling Hezbollah matched the maturity level of your "comtempt breeds hate" comment. Now, a completely serious question. What do you think the terrorist leaders would say back to you? I hope you know that you will need to face the fact that there is a "hate" out there for you and me that is beyond our comprehension as civilized individuals. There is a real hate that would destroy our very lives. It is beyond civilized thought and logic. You and I can't ignore that no matter how bad we want it not to be true. It is a reality and fact. I wish you the best.
Harry wrote on Jul 26, 2006 5:22 PM:To saddened, the blogs that deal with atrocities and war crimes are dominated by people who don't think it is possible to murder an Iraqi. If Baby Noor got raped and burned alive she would become an insurgent to this group who fill these blogs with their hate driven comments. They consider any action excusable because of the circumstances and guilt or innoscence is dismissed as an inconvenient detail, we are the heros we are the conquerors.
For Confused wrote on Jul 26, 2006 7:36 PM:LT GEN. Mattis is the man that will decide to contine the charges against these Marines, he would be the one that you would want to send your opinion to. He is the I MEF CO. Or will be, I know he is taking over, but I'm not sure if he has yet. And for anyone who saw I said these Marines, I am including the corpsman. Corpsman are Marines who have the wrong service name tape. I served under LT GEN Mattis in Iraq and he is an outstanding leader and I have faith that he will do what he sees to be the right thing with everything presented to him.
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