Plea deal said in the works for Hamdania defendant; Navy corpsman may be first to strike deal with prosecutors

By: TERI FIGUEROA AND MARK WALKER - Staff Writers
Correction | Wednesday, October 4, 2006 4:09 PM PDT

The previous version of this story included a sentence that contained incorrect information. The story should have read that Petty Officer Melson Bacos' attorney, Jeremiah Sullivan, said he could not confirm that a deal was in the works for his client. The corrected version is below.

NORTH COUNTY ---- A Navy corpsman has reportedly reached a deal that would drop a murder charge and allow him to plead guilty to kidnapping and conspiracy in the April death of an Iraqi man, an attorney for one of the men's co-defendants said Tuesday evening.


Special Report



The reported agreement for Petty Officer Melson Bacos would require he serve no more than 12 months in the brig and would allow the Wisconsin native to stay in the service after that punishment is served, attorney Victor Kelley said.

Attempts to reach Marine Corps officials for comment were not immediately successful.

A deal would represent the first plea agreement struck by any of the eight defendants, who include Bacos and seven Marines, all based at Camp Pendleton.

Bacos and his squad mates were charged June 21 with premeditated murder, kidnapping, conspiracy and related offenses in the April 26 death of Hashim Ibrahim Awad.

Bacos' attorney, Jeremiah Sullivan III of San Diego, said Tuesday evening he could not confirm a deal was in the works.

If there was an agreement for his client to plead guilty to any of the charges, Sullivan said, it would be inappropriate for him to comment until a signed agreement was in place.

Kelley, who represents Cpl. Trent Thomas, wasn't the only one to report a deal was being reached between military prosecutors and Bacos.

The mother of another defendant, who did not want her name published, said Tuesday evening she also had been told of the development and expressed concern for how that might affect her son's case.

In the Marine Corps' charging documents, Bacos is accused of stealing an AK-47 assault rifle and a shovel, helping abduct Awad and later firing rounds from the rifle to make it appear the man was planting a roadside bomb.

Bacos is now scheduled to go before a hearing officer Oct. 19 to help determine whether the charges against him should proceed to court-martial.

The men from the 2nd platoon of Kilo Company attached to the 3rd Battalion, 5th Marine Regiment have been in the Camp Pendleton brig since late May.

On Monday evening, Sullivan released six video clips of Bacos. The material is intended to help the public understand his client's war experiences, the attorney said Tuesday morning.

In the clips, Bacos talks of what he saw and heard on his first deployment to Iraq during a December 2004 firefight in the insurgent stronghold of Fallujah. Several men were killed and hurt during the fighting.

The videos were shot by Sullivan in August and are posted on his Web site as well as at nctimes.com.

"Unless you sit down and listen to this young man, you can't get a feel for the combat he has experienced," Sullivan said Tuesday morning. "Most people don't understand what these men go through, and I think it is important that people have a chance to hear and see him describe what he has seen."

Marine Corps officials declined to comment on the video clips.

Bacos does not address any aspect of the allegations that he took part in the kidnapping and killing of the 52-year-old Awad in the village of Hamdania. Instead, the soft-spoken corpsman speaks at length about treating injured Marines and the feelings he experienced during and after a house-to-house battle that took place in Fallujah on Dec. 12, 2004.

"Everyone was scared," the son of Filipino immigrants says during one of the clips. "You could walk into a room and just get ... lit up."

Gary Solis, a former military attorney and trial judge and a now a military law professor at Georgetown University, said the video seemed irrelevant to the charges that Bacos faces.

"It's not going to be admitted at trial, so the attorney may be trying to get the word out to possible military jurors who may see a clip on television, or he could be trying to gin up public sympathy for his client," Solis said in a telephone interview.

The professor added that he believed the chances of the video helping Bacos' defense are "pretty remote."

The clips were shot in a conference room at the base brig where Sullivan meets with Bacos, who is married to a Navy corpsman and has an 18-month-old daughter.

At several points in the clips, Bacos talks of the 19 Marines from his battalion who were killed and numerous others who were injured during his first deployment.

"I could have died so many times," he says at one point. "I thank God that I have my life today. I realize how precious life is."

The former high school wrestler also says he often thinks of the men he saw die in Iraq, and he expressed particular concern for their families.

"It's heartbreaking to think that some men would never see their kids again or their kids see them," he says. "I think about how hard it is on their wives."

In the end, however, Bacos says troops in Iraq know they have a duty to perform: "When a Marine died, everyone was sad and somber, but everyone knew they had to get up in the morning, and they still had a job to do."

Three of the men from the platoon, Cpl. Marshall Magincalda, Lance Cpl. Jerry Shumate Jr. and Pfc. John Jodka III had their pretrial hearings in September and were ordered by Lt. Gen. James N. Mattis last week to stand trial.

Magincalda and Jodka are scheduled to be formally arraigned on the charges at 10 a.m. today, their first opportunity to enter a plea.

Pretrial hearings for the remaining defendants are scheduled for the week of Oct. 15.

The Hamdania case is separate from allegations that another Camp Pendleton squad acted outside the military's rules of engagement when it killed 24 civilians in the city of Haditha on Nov. 19. That case has been under investigation for months and the Marine Corps is expected to announce soon whether any of those men will face criminal charges.

-- Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com. Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.

Videos released by Melson Bacos ' attorney

 • Eating with Marine Blood on my Hands.wmv

 • Shackled.wmv

 • Marine Killed

 • Firefight.wmv

 • More Marines Killed in Action.wmv

 • Contact.wmv

Next Previous

Advertisement

38 comment(s)[-]Go to Top

Bad Call wrote on Oct 3, 2006 5:47 PM: What he went through is irrelevant to the case. There is no excuse for retaliatory murder, if that what this is all about. This seems to be just the type of publicity stunt that no one needs and that could corrupt the jury pool. It also smacks of the defense having a very weak case.

JJ to Bad Call wrote on Oct 3, 2006 9:40 PM:Couldn't have said it better myself. This is awful!

Goatskull wrote on Oct 4, 2006 7:48 AM:I totally agree. Murder is murder but the truth is we still don't know all the facts. War has got to be the most horrible expierence any human being can go through but it still does not excuse knowingly killing an innocent civilian (if these guys did know he was an innocent civilian). Who knows what will come out in the on comeing trials. I also agree that it dosn't look good for the defense it has to plea bargain.

Not Guilty wrote on Oct 4, 2006 7:56 AM:I'd take the deal too...instead of taking the CHANCE you could get the death penalty. I'd take it too even if I was INNOCENT!!!!! 12 months as oppsed to LIFE/DEATH?!?!?!?!!??! What would you do????

Goatskull wrote on Oct 4, 2006 8:38 AM:I thought it was decided he wasn't going to get the death penalty.

o2cool1 wrote on Oct 4, 2006 8:54 AM:Last week a poll revealed 6 out of 10 Iraqis support attacks on U.S. troops, yet there are those that still believe the Iraqi's that have accused these men of murder over the word of these 8 men. It seems from the outset our own government and military were bent on finding these men guilty as a way of sending a message to others in the service as well as appeasing the Iraqi people. I have no doubt the defenses case is week in large part because they have been denied access to the accusers and the scene of the purported crime. If a deal is struck it is most likely because as "NOT GUILTY" stated it may be the only chance these innocent men have or serving less time for a crime they did not commit.

Phil wrote on Oct 4, 2006 9:06 AM:Not Guilty you said it well. The Corps is going to get convictions, no matter what is has to do. Why not take 12-months as opposed to life? This happens in the civilian world all the time. "Take the deal and be done with it and get on with your life." This is such a mess. Semper Fi!

JJ wrote on Oct 4, 2006 9:40 AM:This statement does not pass judgement, it is a question and nothing more: If the prosecution's case was as weak as family members and attorneys have stated and the Pendleton 8 are unquestionably innocent, why would anyone take a deal?

Bad Call wrote on Oct 4, 2006 9:43 AM:Goatskull you are so right that we don't know all the facts. Re: the death penalty, I think Cpl. Marshall Magincalda, Lance Cpl. Jerry Shumate Jr. and Pfc. John Jodka III were the only ones for whom the death penalty was taken off the table so far. I would expect that it would be in the case of Petty Officer Melson Bacos, as he isn't accused of actually shooting Mr. Awad. I believe the allegations against him are that he participated in the kidnapping, and helped stage the crime scene. I don't think "Not Guilty" can have it both ways, if he is willing to extend the assumption of innocence and would accept an acquital, he should be willing to accept the outcome of the court martial process if it is less than innocent. We need to let the justice process work.

Goatskull wrote on Oct 4, 2006 10:12 AM:The fact that 6 out of 10 Iraqis support attacks on U.S. troops still does not make killing an innocent civilian acceptable. Now maybe this Iraqi is not so innocent at all. Hopefully the investigation will show just what happended. No one knows yet.

Goatskull wrote on Oct 4, 2006 10:22 AM:The fact that 6 out of 10 Iraqis support attacks on U.S. troops still does not make killing an innocent civilian acceptable. Now maybe this Iraqi is not so innocent at all. Hopefully the investigation will show just what happended. No one knows yet.

Goatskull wrote on Oct 4, 2006 10:29 AM:The fact that 6 out of 10 Iraqis support attacks on U.S. troops still does not make killing an innocent civilian acceptable. Now maybe this Iraqi is not so innocent at all. Hopefully the investigation will show just what happended. No one knows yet.

Harry wrote on Oct 4, 2006 10:41 AM:I read the above to say that many supporters really believe these men are guilty as charged; so much for the presumption of innocence. What we have here is a conclusion that they are probably guilty but a corollary: Awad was an Iraqi so it doesn't count. Why the hell are we there then?

Phil wrote on Oct 4, 2006 11:05 AM:JJ and others, the statements made by family and defense attorneys was posturing. Semper Fi!

Goatskull wrote on Oct 4, 2006 11:53 AM:Wow sorry for the repeated line. Not sure what I did to make it repeat three times.

mark wrote on Oct 4, 2006 12:04 PM:There is no pool of defence funds so each of the defendants are dependent on their own resources to hire attorneys and foot all of the associated costs. The Marine Corps has been known, even in capital cases, to allow as little as a few thousand dollars for military provided defence council to put on their case from article 32 through appeals. The prosecution on the other hand has unlimited resources. I am sure that they have all been told since day one that they are going to "burn" no matter what the evidence shows. Bacos seems to be personally and financially in the tightest spot. I would assume that as part of any deal he must testify against all of the others. It will be interesting to see how he holds up on cross examination

Concerned wrote on Oct 4, 2006 12:36 PM:There is much we don't know. I do know that I am personally biased. I would believe the soldiers before I would belive any Iraqis. It's sad that in this day in age with all our technology and all our experience as human beings that we still have to wonder about the information we receive from the media, the government and the public in general. I have a bad feeling....there is much we don't know.

To Mark wrote on Oct 4, 2006 12:50 PM:Correction on the defense fund. There is one defense fund that raises money for all eight men, in addition to the individual fundraising efforts of friends and family.

mark wrote on Oct 4, 2006 2:31 PM:Yes there are a lot of grass roots efforts getting started and the organization run by Lt pantano's mother has become involved. But to this point the overwhelming financial burden has falling mostly on the men's families. None of them are rich but most had homes that could be mortgaged, 401k's that could be cashed out and other children that could be pulled out of college to redirect funds. It is my belief that Petty officer Bacos was not so fortunate. He was career military and the sole source of financial support for his family. It has become difficult for his wife to even afford such items as diapers. At any rate however these cases are resolved all of the families will be financially ruined.

AW4CRYINOUTLOUD wrote on Oct 4, 2006 4:13 PM:I agree with Bad Call. And; I thought Goatskull 'really' wanted to get his point across at first. Then he said "WOW sorry for the repeated line." That's funny as all get out.I needed a good laugh. Thanks Goatskull!

Harry wrote on Oct 4, 2006 5:36 PM:"The fact that 6 out of 10 Iraqis support attacks on U.S. troops...." This is something to think about. That means all those smiling faces waving their purple fingers on election day, want to see our troops out immediately or dead, and they don't much care which. What is all the baloney that Bush says about we established a democracy in the middle east and gave God's gift of Freedom to an eager people? Time to get out. We were sold a crock! Rumsfeld, Cheney, Wolfowitz and Bush have a lot to answer for. (And for this we fired up a group of Marines, turned them loose and now are trying them for a murder!) No More!

Ms WIZ wrote on Oct 4, 2006 6:41 PM:iTS TO BAD THESE POOR YOUNG MEN HAVE TO GO THROUGH THIS AGONIZING TIME, i KNOW IN MY HEART THAT THEY ARE NOT GUILTY AND WERE PROBABLY SET UP. WHO KNOWS? NO WONDER OUR YOUNG MEN OF AGE TODAY ARE HESITANT ABOUT JOINING THE ARMED FORCES, CAN YOU BLAME THEM?

"Darned" if they do and "darned "if they don't wrote on Oct 4, 2006 7:55 PM:The treatment of these Marines remains Gestapo-like. Take a man DIRECTLY out of the most severe combat zone and put him immediately under manipulative interogation then into solitary confinement and shackles and once those are done play with his head for four more months and who knows what the results will be.

Maxx wrote on Oct 4, 2006 8:59 PM:I never been in a warzone and I want to thank all the Arm Force for fighting for my Freedoms I have, why are we taking the word of our Enemy over the word of our Country which these men have swarn to! BUSH could of ended this before it began, This is a very slippery slop that we are going down, WAR is not politicaly correct and our Enemy would cut our head off if we gave them the chance, we need to stand up for these 8 men and ever other man of our Arm Forces that have been accused by our Enemy. They are the people that allow us our Freedoms in the United States of America

Gil wrote on Oct 4, 2006 9:14 PM:"Poor is the nation that has no heroes, but beggared is the nation that has and forgets them."

EXVET wrote on Oct 5, 2006 5:38 AM:When I served, I thought we were worth the price. Now.... I'm not so sure!

soldier's mom wrote on Oct 5, 2006 6:03 AM: God bless these young men and their families. I thank them from the bottom of my heart for their service to our nation. Thank God for those who are willing to fight for our freedom and protection. Thanks to all of you who write who have served our country. In the words of A. Philip Randolph, "Freedom is never given. it is won."

JASON wrote on Oct 5, 2006 10:25 AM: I served in the same Battalion as the Pendleton8 and just got out of the Marines in August. These are GOOD men and would NEVER do what they are accused of to an innocent. The Iraqis making the accusations took 4 DAYS to do it and also claimed the INSURGENT (Awad) had pins in his leg and was disabled. The autopsy revealed NO disability. The only metal in that TERRORIST'S leg is probably shrapnel from one of his roadside bombs going off too early. DON'T STAB THE MAN IN THE BACK THAT WOULD TAKE A BULLET FOR YOU.

JASON wrote on Oct 5, 2006 10:27 AM:I served in the same Battalion as the Pendleton8 and just got out of the Marines in August. These are GOOD men and would NEVER do what they are accused of to an innocent. The Iraqis making the accusations took 4 DAYS to do it and also claimed the INSURGENT (Awad) had pins in his leg and was disabled. The autopsy revealed NO disability. The only metal in that TERRORIST'S leg is probably shrapnel from one of his roadside bombs going off too early. DON'T STAB THE MAN IN THE BACK THAT WOULD TAKE A BULLET FOR YOU.

AW4CRYINOUTLOUD wrote on Oct 5, 2006 4:54 PM:To Jason: OORAHs to you for being a part of the best of our country. As a civilian, when I first heard of Hamdania I automatically kicked into "give them the benefit of the boubt" gear. Then, after I read a few 'unfavorable' blogs, I started going back over reports from the very beginning; no blogs, only articles by those reporters who first broke the story and "quoted" the so-called witnesses. I keep asking bloggers who believe the Iraqi's over our own, to read the June 5,2006 Washington Post article by their 'special' investigative journalists who went to Iraq and spoke directly to the so-called witnesses. They can't have it both ways. Within the same interview the Iraqi's changed their story. Hashim was dragged out of his house. Hashim was shot four times in the face (At the house). CNN also called Paula Zahn show from Iraq and gave the words of the so-called witnesses. I have printout of the transcript. Witnesses said our guys broke in and stole the shovel and rifle. Then they say our guy "borrowed" them. It goes on and on . At the end of the Post report they state that th familie's account "could not be independently confirmed." How the heck the Corps' commanding officer ever found reason to go as far with this makes me ill. I had respect for NCIS until this, but no more. They didn't conduct an 'investigation'; they conucted an "INQUISITION". I spoke to my son today and told him the same thing you said about the Iraqi's taking 4-5 days before coming up with their "contradictory" stories. My son didn't know that Hamdania, like Haditha, is a hell-hole nest of IED planting insurgents, and that the sweet Iraqi's in both towns 'inform' them when our troops are coming. Our citizens should read 'The Changing Face of War: Into the Fourth Generation'(written by several officers in the military). It foretells all of this type of strategy of the enemy for the future. Maybe the terrorists read it, because they are "masters' of it. And the saddest thing of all is that there are many "suckers" in our own country too dumb to realize what's happening. God Bless our Military Jason.You're the only thing that stands between us and these terrororists. The 'majority' of Americans believe in the Pendleton Innocent and have great pride in them. We're not going to let terrorists tell us what to believe. We have faith in our own!!!

Bruce wrote on Oct 5, 2006 6:25 PM:Sad how you would want to believe a report from an "investigative journalist" from the Washington Post, no less, one of the most liberal newspapers in this country. I wonder how long they "investigated" the incident before writing the article. The only "suckers" are you people who believe whatever is written or spoken, just as long as it's what you want to hear. All the evidence in the world will not change your narrow minds.

AW4CRYINOUTLOUD wrote on Oct 5, 2006 8:25 PM:To Bruce: Hi...Are you talking to me? I was trying to show exactly what you say. I "DON'T " believe them. Their so-called investigative jornalists have TWO different accounts by the same so-called witnesses in their same reported interview. I am behind you 100%. Maybe I got my tongue wrapped around my teeth or something and didn't word it the way I should have. If you are talking to ME, I aplogize for the misunderstanding. Don't shoot the messenger. THIS messenger agrees with you!!!

Bruce wrote on Oct 5, 2006 8:58 PM:toAW4CRYINOUTLOUD-glad we're in agreement, sorry for the misunderstanding!

AW4CRYINOUTLOUD wrote on Oct 5, 2006 11:34 PM:To Bruce: HI again. It's OK. At least I found out I have a gift. Just send me to the enemy; I'll keep them confused while the Marines slip up on them.Heh Heh!

To AW4CRYINOUTLOUD wrote on Oct 6, 2006 9:50 AM:While the accused admit that they were involved in a pre-meditated murder, you go on blathering about some interview with Paula Zahn and in the Washington Post and how they are all innocent (even if they did it). Do you feel the same about the soldiers who got drunk and then held and took turns raping a 14 year old girl, murdering her family, including her baby sister and then burning the bodies? This isn’t “patriotism” this is sick and twisted. You remind me of Madam DeFarge, cheering on the mob, in the “Tale of Two Cities”. You are neither cute or funny and your comments encourage young men in criminal acts by failing to provide any moral restraint. signed: Harry

To cryinoutloud wrote on Oct 6, 2006 12:20 PM:Your "print out" and "transcripts" aren't worth much this morning are they?

AW4CRYINOUTLOUD wrote on Oct 6, 2006 7:09 PM:To Harry: Gee; tell me how you REALLY feel. 1.The 'accused' (plural?) admit!.. Who are THEY? I read that 'one'(singular) person made the statement. 2.Darn straight. I'd much rather "blather" in defense of these guys than just take guilt for granted like the "rush to judgement" group. Excuse me all to heck and back for not accepting the word of Iraqi's and the liberal media over the P8. 3.As for the Washington Post and the Paula Zahn thing; fact is fact and the so-called family and friends "DO" change their testimony to the reporters in each interview. Dude!! Not My fault!! Just FACT!! Of course I suppose "rush to judgement" types don't care to make sure they know the truth. Where did I say they were innocent even if they did it? I said I believe in their innocence. No one has "PROVEN" they aren't. Frankly; no one has "PROVEN" guilt either. Wouldn't you love to have me on your side if you were in trouble? I would go to the max to help someone I believe in. 4.The comment about the raped Iraqi girl was a lowlife cheap shot. You know better. Go take a 'blood pressure' pill before you have a stroke. You should be all warm and fuzzy and happy right now. It's a sad day in this country when an American tries to defend someone who is supposed to be INNOCENT UNLESS PROVEN guilty. 5. Twisted?? How can one who should be so happy be so bitter? Got to ya huh??? 6.Tale of Two Cities? That was the most boring thing I was ever forced to read. Why don't you get up to date Harry and get off the antique quotes. 7. I am so "cute". 8.That last one was a mouthful...you said that my "comments encourage young men in criminal acts by failing to provide any moral restraint." Pick a planet. Which one are you from? I didn't realize that "I" was responsible for what young men do or don't do. Gosh, that could bring out the dominatrix in me. All that power!!

AW4CRYINOUTLOUD wrote on Oct 6, 2006 7:16 PM:To whoever was too chicken to give some kind of a name: My printouts and transcripts are factual. It's too bad that there aren't more people who care enough to try and find what is truth and what isn't. Yep. Today sucks, but nothing has been "proven". So, quit drooling for awhile and get back to me when it is all 'really' over.

First name only. Comments including last names, contact addresses, e-mail addresses or phone numbers will be deleted. Attempts to misrepresent your identity or impersonate any person will not be approved. All comments are screened before they appear online, so please keep them brief. Comments reflect the views of those commenting and not necessarily those of the North County Times or its staff writers. Click here to view additional comment policies.

Submit Comment[-]

(optional)
   

Advertisement

Videos