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Legal Aid: Law students volunteer to work on Hamdania case
By: TERI FIGUEROA - Staff Writer | ∞
Attorney and law professor Joseph Casas, who is representing one of the Marines accused of war crimes in Hamdania, Iraq, has recruited some of his students at Thomas Jefferson School of Law to help work on the case.
Jamie Scott Lytle
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SAN DIEGO ---- While eight U.S. servicemen sit in a military jail accused of war crimes and under an international spotlight, 10 young civilians, strangers to the defendants, are thumbing through legal books and organizing evidence to help the defense.
Special Report
It's nearly a full-time job for the civilians. And they are doing it as volunteers.
The 10 are law students. Their professors are the attorneys tapped to represent Pfc. John Jodka, one of the eight men accused of kidnapping and killing an Iraqi man on April 26 in the village of Hamdania.
It's the kind of case that seasoned professionals line up to work on. And it's a once-in-a-lifetime opportunity for a group of students personally chosen by Jodka's attorneys to work on the case.
"I've had students assist me on a case-by-case basis, but nothing of this magnitude," said Jodka attorney Joseph Casas, who also teaches at Thomas Jefferson School of Law in San Diego. "It's a very unique experience for the students."
The students do much of the grunt work on the case.
"This isn't just another legal internship, where you answer the phone or file paperwork," said 25-year-old team member Libby Jamison, who just graduated from Thomas Jefferson. "In this, we are really involved and part of the team."
Every time a batch of new evidence comes in, it is this group of students pawing through and collating it. They also do legal research and whatever else tossed to them by Casas and Jane Siegel, who also represents Jodka and teaches at the same law school.
Siegel, a retired colonel who at one time was in charge of all military defense counsel in the Marine Corps, said the use of the students was "working out very well."
One of the tasks given to the group, Siegel said recently, was the time-consuming but vital work of studying witness statements, looking for and pulling together a list of inconsistencies, if any.
"There is so much work to be done, the use of highly motivated and intelligent students is just a perfect fit," Siegel said.
The students, whom Siegel calls "very bright people" and who were screened before the offer to join the team was made, have all signed confidentiality agreements, and are all protected under the attorney-client privilege, Siegel said.
Recruiting law students to volunteer may mean money is freed up to hire expert witnesses and investigators, critical assets in defending in a murder case, Casas said.
The students say the work they are doing has had a cost ---- lost sleep. Six of the 10 volunteers on Jodka's case gathered together last week to talk about their role and about the time they put in ---- 25 to 35 hours a week, said student team member Alyssa McCorkle ---- on top of their full-time school schedules and outside jobs. Their work also does not count as an internship or as credits toward their degree.
Still, the case consumes them.
"I dream about it," said Erica Saltzman, a 25-year-old San Marcos resident getting ready to graduate this year. "That's when you know you are really involved, is when you start dreaming strategy. I wake up and have to write it down before I forget."
Team member Robert Wasserman said he had been able to make direct connections between what he learns in class and what he sees in helping out on the case.
Casas said that the students are not only learning but are also using what they are learning ---- "the most important thing in practicing law."
"If they work hard for me, they are going to get rewarded with what an average law student won't get to do," Casas said.
Jodka's father, John Jodka Jr., is the one who sought out and hired
Siegel and Casas on behalf of his son. He, along with his son, his son's mother, and son's grandparents, will also pay the bill. He says he is thrilled to have the law students
on board.
"Anything that can multiply efforts and provide further eyes on the subject is a good thing," Jodka Jr. said. "It frees Joseph and Jane for more sophisticated matters."
And his son's reaction to learning that he had law students to help out? One word, says his father: "Good."
In addition to Jodka, the accused are Sgt. Lawrence G. Hutchins III, Cpl. Trent D. Thomas, Cpl. Marshall Magincalda, Hospitalman 3rd Class Melson J. Bacos, Lance Cpls. Tyler A. Jackson, Robert B. Pennington, and Jerry Shumate Jr.
The men, all members of a unit with the Camp Pendleton-based 3rd Battalion, 5th Marine Regiment, are awaiting hearings to determine if the charges against them will move forward. Each has hired at least one private attorney.
That the Hamdania case is serious, that it involves allegations of murder and conspiracy, and that it draws worldwide headlines because of the potential of a death penalty, is not lost on these students.
"I'm only 22. Jodka is only 20," Wasserman said. "I cannot imagine being in that situation. His entire life is on the line. It's a scary, scary thought, and I think that is why we are all so passionate about this case. ... We want to do our best to defend him."
But it is intimidating, working on a case under so much scrutiny, a case that has drawn attention from the highest level of the Marine Corps.
"Scary is the word," said 22-year-old Renee Galente of Vista. "We have to step up to the plate. Jodka needs us to."
Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com. To comment, go to nctimes.com.
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John1 wrote on Aug 6, 2006 9:27 PM:The entire Jodka and Snodgrass families will together foot the bill. I want to give credit where credit is due.
Terri wrote on Aug 6, 2006 11:20 PM:This is great news! I support you're efforts and pray the outcome is NOT GUILTY! God Bless.
I suppose: wrote on Aug 7, 2006 6:23 AM:The case will be good experience for them. Military justice is an oxymoron.
Goatskull wrote on Aug 7, 2006 8:12 AM: "This is great news! I support you're efforts and pray the outcome is NOT GUILTY! God Bless." But what if they ARE guilty? If they are they should not get away with this and be punished accordingly. If they are not then then they should be let go, able to continue on with their military carreers and maybe even compensted.
Obviousman wrote on Aug 7, 2006 9:22 AM:Why don't they volunteer to help those in Gitmo? Oh yeah, the Equal Protection clause doesn't apply because those in Gitmo have been designated, "sub-human species," by evolutionary scientific experts, per President George W. Bush.
No Big Deal: wrote on Aug 7, 2006 10:20 AM: Just look at this case reported in NCT today: "... the U.S. command said Saturday that Sgt. Milton Ortiz Jr. of the 2nd Battalion, 28th Infantry Regiment of the Pennsylvania National Guard, was reduced in rank to specialist after pleading guilty to conspiracy to obstruct justice by placing a rifle near a mortally wounded Iraqi in February and threatening and assaulting an Iraqi in March. The charges resulted from the killing of an unarmed Iraqi near Ramadi by Spc. Nathan Lynn, who was cleared last month of manslaughter and conspiring to obstruct justice." When is murder not a murder? Give up?
Jazbo wrote on Aug 7, 2006 10:23 AM:Given that there are probably more lawyers in California per capita than real estate agents, this is truly sad. That America's best must rely on the efforts of America's inexperienced is a travesty. If we're lucky, this will have a "Legally Blonde" ending.
Concerned wrote on Aug 7, 2006 11:52 AM:So Obviousman, you should probably focus your efforts on some other blog site with your statements on Gitmo. I'd try to explain the difference as in US Service men versus Middle Eastern Terrorist, but "obviously" you won't get it. Hit the road nutski man!
John1-To Obviousman wrote on Aug 7, 2006 12:27 PM:Obviousman: The Gitmo detainees had senior JAG defense lawyers (which made them unavailable for these Marines) free of charge and they won their case at the US Supreme Court. So, what's your point?
Jeez wrote on Aug 7, 2006 12:53 PM:This will be good experience for the young wanna-be defense lawyers...now all they need is a child molester to help out, and their resumes will be complete!
Obviousman wrote on Aug 7, 2006 1:11 PM:U.S. policies, precisely executed by our military, actually create new terrorists faster than we can kill them. Our President's solution: Kill more and more terrorists faster and faster!
joe wrote on Aug 7, 2006 1:23 PM:THANK YOU THANK YOU.FOR HELPING OUR MARINES.THEY ARE HELPING US.THE INTERNS AND THE PROF.ARE WHAT THIS COUNTRY NEEDS MORE OF."TURN 2" SEMPRE FI
nancyoleta wrote on Aug 7, 2006 1:41 PM:Dear young attorneys...you will get many blessings and trust me you all are doing the will of JESUS and HE will guide you all through your defense arguments, JESUS will be your advisor and what a blessing for you all and the 8 honorable Marines and Sailor and Micheal Savage.......
Matt wrote on Aug 7, 2006 2:29 PM:It is good to see so many people step up for what is right and true in the United States of America. It is so blatently obvious that the Marine Core brass is setting HONOR and INTEGRITY aside and have condemned their faithful soldiers to dishonorable discharge and life in prison in order to appease lawmakers and news mediae who are against the war. Right now these men who fought for their lives in Iraq are being kept in torturous conditions that would drive any man crazy. How could a person like this stand composed before a judge jury. The Marines have allready killed them before the trial started!
justice shall prevail wrote on Aug 7, 2006 2:31 PM:Hope justice preveils and God brings judgement upon those that are killing innocent children and women in these wars.
Robert S wrote on Aug 7, 2006 3:58 PM:Prof. Joseph Casas and your law students, thank you for defending our troops! God bless you.
Donald 1 wrote on Aug 7, 2006 3:59 PM:Bless you all - God bless you all - what a wonderful from-the-heart thing you are doing.
xxxxxxxxxxx wrote on Aug 7, 2006 6:03 PM:obviousman..you are the enemy. Please move to Iraq and get hurt.
JJMC wrote on Aug 7, 2006 6:25 PM:"obivousman" is probably posting from Pakistan, Egypt, Iran, or Syria. If he's not, he should be.
Obviousman wrote on Aug 7, 2006 7:58 PM:You all sound like the South African Dutch minority, praying for God's blessing upon whites who torture and murder "sub-human" blacks! I can assure you, God will not bless; God will curse anyone who murders another human being!
Phil wrote on Aug 7, 2006 9:36 PM:"Justice?" The result of justice prevailing is guilt or INNOCENCE. At least let the accused have the same benefit of the trail system that you were afforded. Innocent unless proven guilty. Semper Fi!
DQ wrote on Aug 7, 2006 11:15 PM:The service men doing their job and have been hung out to dry by the leaders that sent them on their mission. Going against the media's agenda and the Marine Corps' dirty legal tactics will be a tough fight. Thank you for sticking up to these bullies and supporting the people who keep us from harm. These servicemen no doubt did their job and did it well. Thank you Casas & Co. - go get em! Semper Fidelis!
Goatskull wrote on Aug 8, 2006 7:39 AM:Do any of you people understand that these guys are on trial for murdering an innocent man. Before you go parading around about what heros these servicemen are and how they got "hung them out to dry" wait and see what the outcome is. Remember, they have been charged with knowingly taking an innocent man out of his home and executing him and then hiding the evidence. Nothing very brave about that.
Goatskull wrote on Aug 8, 2006 8:12 AM:I'll further add that yes they do deserve a fair trial and if they are innocent of these charges then they should be free to go. If they they really thought that their victim was an insurgent then maybe lesser charges would be appropriate. We need to wait and see as more evicence comes out before we either praise or condemn them.
Unkka Patti wrote on Aug 8, 2006 8:49 AM:Psalm 73 addresses the gliberals. "obviousman" is vexxing to the soul - but is dooming only his own. So proud of these student volunteers. Hopefully they represent the vast majority of their generation.
Taters wrote on Aug 8, 2006 9:44 AM:Obviousman are you posting from Cindy Sheehans basement or Howard Deans livingroom ? John Murthas place ?
patriot missile wrote on Aug 8, 2006 11:15 AM:These students remind me of those lovely kids that help defend the US soldiers in that pesky little Mai Lai incident. It's strange because I usually think public defenders are the scum of the earth, defending the dregs of society and putting child molesters back on the streets. But since our freedom is at stake, I guess I have to give the government the benefit of the doubt and assume America can do no wrong. Plus, if we hold our own accountable for there misdeeds (alleged) the terrorist win…
dghattierdc wrote on Aug 8, 2006 12:22 PM:Goatskull, Given the militaries penchant for harrassing people who do good for us. I am afraid that they have a preordained outcome, ie guilty just to show how humane and acaring we can be. Screwit, a dead terrosit is a good terrorist. If the locals wouldnt harbor these people then no innoncents would die. Collateral damage. Support the Pendleton 8. As for obviousman, please look at your history books,. the arabs dont make peace with anyone who makes nice. They only understand force and eventually get tired of dying. We just havent killed enough of them yet.
journalist wrote on Aug 8, 2006 12:38 PM:I've been following this case very closely, have spoken with the attorneys, and these men have not been given a "fair shake" by the USMC. Innocent or guilty, every person deserves a fair trial. These men are not hardened criminals; they serve the United States when so few are willing to sign up today. It is a travesty that fighting for your country can put you in a position where you must waive your Constitutional rights -- becoming subject to UCMJ action without a complete and fair investigation by a party outside the gov't.
koolsville wrote on Aug 8, 2006 4:41 PM:Remember when the accused used to be presumed innocent until proven guilty? The creatures our young men are fighting against have no qualms over cutting an infidel's head off and took pleasure in watching women burn alive in a building for being improperly clothed. Is it so hard to believe they could lie about this incident? Thanks to the students working overtime to support our Marines.
ttard wrote on Aug 8, 2006 7:29 PM:Obviousman, it is obvious to me that you hate your own kind. If I remember, nearly 3,000 of my countrymen, not yours obviously, were murdered on 9-11-01. Obviously, per you comment above, they are cursed individuals. Also, I seem to remember that those so-called subhumans locked up in Gitmo were captured on the battlefield of Afghanistan, obviously only trying to kill demented white men from New South Africa now called America.Obviously I'm late for dinner served by my illegal help.Later(burp)
John1-To Goatskull wrote on Aug 9, 2006 6:03 AM:Mr. Goat: Your monographs contain some endearing mistakes. First of all, these men are NOT ON TRIAL- any courts martial are decided at the Article 32, which is a substantial right afforded the men and where the Govt has to provide advance discovery (and is not, thereby abrogating these men's rights under UCMJ). You would do well to ask the USMC brass why it deprives the men of a defense? Second, they are not accused of murdering "an innocent man" nor of hiding evidence. Hashim Ibrahim Awad is not described anywhere as an "innocent" and if trained Marines deemed him an insurgent, why do you believe his family's inconsistent accounts over the Eight's? Do you believe the Awads over the Innocent Eight because it fits your ideology? You have the right to do so, but you should be honest here and say so. Also,you did not read the as reported case specifics very closely.
Harry wrote on Aug 9, 2006 3:46 PM:Let it all unfold and let justice be done. None of us, not one of the many people who post comments here, knows the facts. We have the understandably defensive comments of the father of one of the men accused--he clearly believes his son couldn't have done the crime as charged; we have the ravings of people who believe any action carried out by a Marine is honorable and above crime--it wouldn't matter if they had killed Joseph and then raped Mary,they would say "Semper Fi" and call them heroes; and we have comments from those who fear they might have committed a crime. What none of us has is the evidence tested in a military court and a verdict. Until we have the charges and the trial, all we say here is like some kind of an inkblot test. Interesting but totally subjective.
John1 - To Harry wrote on Aug 10, 2006 6:34 PM:Harry, There are charges proferred already. That is not subjective, but empirical. You also note "and the trial" but you leave out the substantial right afforded my son under 10 USC 832, the Article 32 hearing. You also note -'let it all unfold'- but you ignore the also-empirical fact that the prosecution has denied discovery to the defense. How then can justice be done?
Harry wrote on Aug 11, 2006 11:40 AM:John1: If the defense lawyers for the men who are accused, are not granted "discovery" prior to the trial and given an oppurtunity to prepare their defense, I will agree with you. Justice requires due process, and that includes a vigorous defense. I do understand that the Bush and his attorney general have denied discovery and due process to Padilla and others, using the arguement that discovery would jeopardize National Security. If they use that arguement in this case I will be absolutely on your side.
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