Article 32 hearing for Navy corpsman rescheduled to Oct. 19
By: TERI FIGUEROA - Staff Writer | ∞
CAMP PENDLETON -- A pretrial hearing for a Navy corpsman accused of joining seven Marines in the alleged kidnapping and murder of an Iraqi man has been rescheduled for Oct. 19, Camp Pendleton officials announced Tuesday.
The request to postpone the hearing, which had been set to begin this morning, came from the team defending Hospitalman 3rd Class Melson Bacos, the Marines said.
Military officials did not say why they asked to delay the hearing, and Bacos' private attorney, Jeremiah Sullivan III of San Diego, did not immediately return a call seeking comment.
The military's Article 32 hearing is the equivalent of a preliminary hearing in civilian courts. It is designed for the prosecution to lay out its evidence in hopes that it will be considered enough to take the defendant on to court-martial.
The eight men, including Bacos, have been charged with snatching Hashim Ibrahim Awad from his home in the Iraqi village of Hamdania west of Baghdad on April 26, shooting him to death and staging the killing scene to make him appear to have been an insurgent.
Hearings for three of Bacos' co-defendants have taken place within the last few weeks.
Marine officials announced Monday that Lt. Gen. James Mattis has decided that those three men ---- Pfc. John Jodka III, Lance Cpl. Jerry Shumate Jr. and Cpl. Marshall Magincalda ---- will move on to courts-martial.
The pretrial investigative hearings for the remaining four defendants, Sgt. Lawrence Hutchins III, Cpl. Trent Thomas, and Lance Cpls. Tyler Jackson and Robert Pennington, are set for the week of Oct. 16.
All of the defendants accused in the Hamdania incident are jailed in the Camp Pendleton brig where they have been held since late May after being ordered to return to the U.S.
The Hamdania killing is one of two unrelated incidents involving Camp Pendleton Marines under scrutiny for possible war crimes. Investigators also are looking into allegations that a separate squad of Marines killed 24 civilians, including children, in the Iraqi town of Haditha shortly after a roadside bomb killed a Marine on Nov. 19.
No charges have been brought in that case; none of the Marines under investigation for the Haditha incident are jailed.
-- Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.
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Harry wrote on Sep 27, 2006 6:46 AM:It is unfortunate that the Hamdania case will be heard around the same time as the Haditha case and while the case involving the rape of the young Iraqi girl and the murder of her family is still pending, and the investigation into the torture and murder case in Afghanistan reported yesterday, as well as the reports of multiple sexual assaults perpetrated by military recruiters against school children last year in American high schools--the accumulated effect creates a perception of a military force in which the command is ineffectual and the troops are out of control. The publicity that the supporters seek and gain for the defendants, also adds to the perception that there is blanket approval which covers all manner of heinous crimes and the Marine motto, "Always Faithful" has been corrupted to mean "Get Over It!"
Good Point Harry wrote on Sep 27, 2006 4:19 PM:It's true that the flurry of incidents and the rhetoric of the supporters combine to make the military look like an institution indifferent to war crimes and other abuses. The fact that only 12 people are doing jail time for the 39 homicide court martials conducted since 2003 further reinforces this perception. From what we know about war, the number of such crimes requiring jail time is surely an order of magnitude higher than 12.
Jay wrote on Sep 27, 2006 5:50 PM:Dont forget too the crimes such as spousal abuse, homicides and suicides that have risen significantly amongst returning troops. As I stated in previous blogs I seriously fear off-duty military personel. I'm sure I'm not alone. This "war" has so many negatives and not a single positive for the whole world. Our nation has gone mad. Also, I find it interesting that in these blogs we often hear from both sides of the issue that Bush & Company need to be charged and put on trial. Couldn't agree more but how come I dont see any REAL action on this? The Republicans (and other right-wingers) impeached Clinton for lying about a five minute affair but wont impeach Bush for lying about a war. Double standard. Very hypocritical and scarey.
AW4CRYINOUTLOUD wrote on Sep 27, 2006 6:14 PM:To Harry and Good Point Harry....All I have to say is one line from the Terrorist Training Manual. 'Other missions consist of the following: #5. Spreading rumors and writing statements that instigate people against the enemy.' They're darn good at it aren't they?????
Harry wrote on Sep 27, 2006 6:25 PM:Thank you "Good Point"; I take so much abuse in these comment sections that it is really nice to have someone say something nice. :)
to Jay wrote on Sep 27, 2006 8:50 PM:You forgot to mention Clinton's sexual abuse perpetrated on numerous woman. You are as bad as the conservatives you bash so readily! Talk about your double standards.
Harry wrote on Sep 28, 2006 6:39 AM:To: to Jay Talk about your double standard! Firstly, President Clinton was involved in an extra marital affair perhaps several, there was no suggestion of "abuse", that allegation was made against our Governor and a Republican congressman from Pennsylvania. I dare say at least half of the married men in America and a good number of the married woman have had an extramarital affairs. (Granted few were so publicized or so titillating to so many.) I can think of many other politicians including Sen. Dole, President Roosevelt, Newt Gingrich, Henry Hyde, Jack Kennedy, George H. W. Bush, Jeb Bush who had affairs. It is unfortunate, and not a positive character trait, but not the "scarlet letter" it was in more hypocritical days. I would suggest you try to focus your mind a bit higher and try not to let your salacious fantasies run away with you; curbing gossip might also be of benefit.
AW4CRYINOUTLOUD wrote on Sep 28, 2006 10:11 AM:To Jay: You say you "seriously fear off-duty military personnel" because of spousal abuse, homicides and suicides of returning troops??? OH Give Me a Break!!!I am a civilian, a female. I was married to a 'jerk' years ago who hit me...ONCE! He had not faced any "to hell and back" experiences that our troops face today. Of course there are a few who crack from the stress, or may have been like that 'before' any military service, but for you to say you FEAR off- duty returning military troops; there's only one reason you should have for that....Your Mouth! How insulting and obnoxious can you get? And while we're at it...You said Clinton was impeached for a 5 minute affair? Don't try to rewrite history. What about the 12 year affair with Jennifer Flowers? What about Paula Jones? As for Lewinsky; The man was President of the United States. He took an oath. He lied "Under Oath". President Bush isn't perfect. No one is; but at least he had the guts to stand up to those who want us dead. If you don't believe that Saddam had WMD's then you are either in denial or one of the most naieve yokels in the country. OH, but, forgive me. I forgot; you are one of those who take the word of Iraqi's over your own!!!!Shame on you!!!!
Take it.... wrote on Sep 28, 2006 12:01 PM:"from whence it comes" the trolls are getting especially ugly and mean; that could be a good sign.
Phil wrote on Sep 29, 2006 12:01 AM:AW4CRYINOUTLOUD - You are right, Clinton lied to the American people about Flowers, Jones and Lewinsky. Bush also lied to the American people. The difference? Clinton's lies did not get any body killed. And Clinton was the one that got impeached! Semper Fi!
Mira wrote on Sep 29, 2006 2:11 AM:I understand there is no physical evidence. Just the statements from the enemy. How can the Military take the word over these terrorists? And our boys have to take the heat for it. They should be released right away, they fought and they are our heros. These boys would take a bullet for their fellow soldiers, including the brass, don't stab them in the back, release them and help destroy the enemy. God bless these boys and their families.
Jason wrote on Sep 29, 2006 9:09 AM:Jay, there is no need to fear off duty military personnel. The reason you have this fear is due to the perception painted by the liberal media who wish to push an agenda that paints the military as murderers and not as the heroes they truly are. I feel the military is simply trying to please liberal institutions with these court martials instead of take care of their heros.
DocBrad31 wrote on Sep 29, 2006 11:16 AM:It does not matter, they do not care, every liberal act, speech or press release that "Jay" and company put out.. will not prevent thier heads from being cut off by the same people they sympathize so much with over fellow Americans... "They" Hate you Jay... nothing will ever change that.. your self loathing bitter weak blog rants are the proof of your diseased weakness... the very thing "they" wish to remove from the earth... your the fuel the keeps thier Jihad going... not the Bush administration...
fatrat wrote on Sep 29, 2006 2:51 PM:5 minutes? Is that how long it was? I guess you must know Clinton pretty well. Also you say nobody died. Ron Brown died. Vince Foster died. And 18 Army soldiers died in Somalia because Bill was worried about the politics of enflaming the situation by having APC's and what our enemies might think about it
to the liberal media bashers wrote on Sep 29, 2006 3:51 PM:It might be important to note that over 75% of the media in this country is owned by supporter of the Republican Right.
AW4CRYINOUTLOUD wrote on Sep 29, 2006 11:03 PM:Hi PhiL. Sorry. I just don't agree. I guess eveyone looks at things differently. As a female I had no respect for Clinton. He is a 'charmer' for sure, but he was so busy with his libido that he did nothing about the WTC 1993, Khobar Towers in Africa 1996, and the worst one (that broke my heart); the US Embassies in Yemen 1998. Then the USS Cole the end of 2000. Our government knew about terrorists. I, personally, was clueless to that word. In all fairness...where the heck were our politicians? They also knew. I can't even imagine how hard it would have been for Marines knowing and probably wondering what the hell was wrong with the rest of America. We all might have stood up for them when they lost so many in Yemen. My only excuse was ignorance. I was nice and safe here in the U.S. Beyond that...totally clueless. I always thought of "those people" over there fighting each other. But 9/11 changed it all for me. I haven't missed much since. In the long run, it would come to us fighting. This enemy wants us dead. They are barbaric and scare the hell out of me. I thank God every day that we have so many young men and women who are our warriors, who stand up for this country and defend it. For cryin out loud, the least we can do is believe in them. I'm not a Marine Phil, but I 'am' "Always Faithful".
AW4CRYINOUTLOUD wrote on Sep 29, 2006 11:07 PM:To Jason and Doc Brad 31 and fatrat: Huge honkin ditto's guys. You saved me some words; which I know will make "Roach" happy.
Jay wrote on Sep 30, 2006 12:50 PM:To the many who responded to my posting esp "AW4...": First, Clinton was NOT impeached for having an "affair". He was impeached for lying to Congress about it. Paula Jones and all your other babble has nothing to do with it. (My point was, if you read it, that Bush has done something far worse.) As for my fear of off-duty military personel: I grew up in O'Side. For two years during the Viet Nam war O'Side had one of the highest homicide rates in America, almost all perpetrated by Marines. It's an historical fact.Look it up for yourself (I think the FBI keeps these records). I have personally been assaulted by these "warriors". How do you think O'Side got the reputation as a dangerous place? It wasn't from beach boys and surfers.
AW4CRYINOUTLOUD wrote on Sep 30, 2006 5:51 PM:To Jay: OK. I have it figured out. You write for the Washington Post or the New York Times don't you? Try reading my words again. I only mentioned the Jennifer Flowers affair to show that you seemed to believe that Clinton "only" had one with Lewinsky.Then I said..."The man was President of the United States. He took an oath. He lied Under Oath." Now, you have just illustrated the "rush to judgement" practises of the media. As for your spewing about your growing up in Oceanside and them having one of the highest homicide rates in America for two years during the Nam war....It couldn't possibly have been caused by the Hanoi Janes and Jays who opposed the war and opposed our military could it??? On your next post please list where you got your stats. I "WILL" look it up for myself. Gads! I didn't know O'Side had the reputation for being a dangerous place. Maybe those who couldn't stand up for their own military were afraid of it. If you couldn't beat them, maybe you should have "joined" them.
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