Marine used hand of slain Iraqi to slap victim's face

By: MARK WALKER - Staff Writer | Friday, February 16, 2007 6:59 AM PST ∞

Lance Cpl. Robert Pennington

CAMP PENDLETON ---- A Marine lance corporal took the hand of an Iraqi man he had just helped kidnap last year and used it to strike the face of the bullet-riddled victim, a co-defendant in the homicide case testified Thursday.

housead
Special Report



"He took his hand and kind of played with it and made Mr. Awad hit himself," former Petty Officer Melson Bacos said about his squad mate, Lance Cpl. Robert Pennington, during testimony in a Camp Pendleton courtroom. "He said, 'Quit hitting yourself.' "

Bacos' testimony came as the government presented evidence that will lead to its sentencing recommendation when the court-martial ends for Pennington, a 22-year-old Seattle native who pleaded guilty Tuesday to conspiring to kidnap and murder Hashim Ibrahim Awad.

Bacos also testified that as Pennington helped place Awad's body in a bag for removal from the killing site in the village of Hamdania, Iraq, he made joking references to brain matter and whether rigor mortis had set in on the body of the 52-year-old victim.

Bacos was the first of the eight men from the base's 3rd Battalion, 5th Marine Regiment platoon charged in the case to plead guilty. As part of his deal with prosecutors, Bacos is required to testify for the prosecution in the remaining cases.

Awad was taken from his home in the early morning hours of April 26, marched to a hole that the squad had prepared to make it appear he was an insurgent planting a roadside bomb and shot to death. Platoon members who pleaded guilty for their roles in the case have testified the killing was carried out in an attempt to send a message to Hamdania residents about insurgent activity in the area.

Bacos, who said he considered Pennington a "brother in arms" and was uncomfortable testifying against him, told the court that Pennington helped plan the April 26 slaying and did nothing to try to prevent it.

Pennington also took a bandage used to dress wounds and formed a makeshift cravat for use as a gag and attempted to stuff it into Awad's mouth as the squad prepared to shoot the Iraqi, Bacos testified.

"He was laying on top of him so he couldn't get up and shoving the cravat inside his mouth," Bacos said, adding that Awad was "fighting back and struggling when he was getting gagged."

At one point during the gagging, Bacos said that Pennington exclaimed, "this (expletive) is trying to bite me."

As Bacos testified, Pennington took notes and occasionally glanced at the Wisconsin native. Pennington's parents, Deanna and Terry, and other family members also watched Bacos intently as he testified. His mother, who has been very vocal in protesting the prosecution of her son, took notes throughout the testimony.

Also testifying for the government was James Connolly, a Naval Criminal Investigative Service special agent who interrogated platoon members in Iraq.

Connolly testified about having met with family members of Awad and learning that within a day or two of the slaying, a flier had been handed out in Hamdania by members of the platoon with a threatening message that if anyone was caught digging a hole for a roadside bomb they, like Awad, would be killed.

Pvt. John Jodka III, another of the Marines who has pleaded guilty, testified briefly that the platoon was responsible for distributing the flier.

Prosecutors have repeatedly said that Awad had no known ties to insurgents and no testimony tying to him to attacks on U.S. forces has been heard in any of the cases.

Pennington's lead attorney, David Brahms, challenged Connolly's methods in preparing a sworn statement attributed to his client. Connolly testified that he interviewed Pennington while another agent took notes. He then prepared a written version of the statement from his memory and her notes. The session was not recorded.

Prosecution and defense testimony is expected to end today or Saturday. Each side will then argue what they believe is an appropriate sentence, after which the judge, Col. Steven Folsom, will render a decision.

The terms of Pennington's plea agreement with the convening authority over the case, Lt. Gen. James Mattis, won't be revealed until after the judge pronounces what he believes is an appropriate sentence. Whichever sentence is lesser ---- the one in the plea agreement with the general or the one that Folsom orders ---- will be the one that Pennington serves.

His pleas were the result of a negotiated deal with prosecutors that require the government to withdraw murder, larceny and housebreaking charges if he follows its terms as he serves out his sentence. Pennington joined the Marine Corps in October 2002 and served two tours of duty in Iraq.

Facing trial later this year are three remaining defendants: the squad leader, Sgt. Lawrence Hutchins III, and Cpls. Trent Thomas and Marshall Magincalda.

Thomas pleaded guilty to murder and six other felonies on Jan. 18, but was allowed to withdraw those pleas last week and proceed to trial. Each remaining defendant has pleaded not guilty or had their attorneys express their innocence.

Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.

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Pre-Registration Comments[-]Go to Top

Pinky wrote on Feb 15, 2007 4:41 PM:Sickening.

chris wrote on Feb 15, 2007 9:08 PM:cancel this guys hero status

lolly wrote on Feb 16, 2007 5:59 AM:It is one thing to have participated in this because you thought you had no choice but to mock the victim in this way is sickening . If this is really how pennington acted out there what is wrong with our military. And it seems to me that he is getting off pretty easy....... after all we cant just take justice into our own hands and it sounds as though awad did not deserve this.

Aw4forGoofyOutLoud wrote on Feb 16, 2007 6:50 AM:This is soooo stupid! The Marine Corps is just trying to be politically correct by prosecuting these heroes.

MorallyGoofy1 wrote on Feb 16, 2007 9:12 AM:What's wrong here? I'll tell you what's wrong: The Marine Corps is sucking up to the media and the politicians with political correctness. Our guys should be able to do whatever they want in conducting the global war on terrorism. Forget this "hearts and minds" baloney!

quinnie wrote on Feb 16, 2007 9:45 AM:part of me wants to throw these kids in Guantanamo and another wants me to blame the bush corporation for their help in doing this to them. one of these poor kids lawyers and/or families needs to step up and bring to light the horrors of war on a young persons psychological stability. if the judges won't hear it then the media will. I'm sure when this kid enlisted it was for an education. now maybe we can learn from him and put an end to the awful treatment of our fellow human beings. These kids are going to come home some day and they will be in your parks, post offices and streetcorners and chances are you will walk right past them in disgust and deny them shelter when its cold.

quinnie wrote on Feb 16, 2007 9:53 AM:MorallyGoofy1... and what category of terrorist do these kids and the bush corp NOT fall under? Time to go to school. Define terrorism, define terrorist. list examples of what makes a terrorist and then compare to the actions of the US and its supporters in the war.

Sarge wrote on Feb 16, 2007 12:16 PM:Bravo, Corporal! Bravo! We need more men like you! When it comes to dealing with terrorists, there are no boundaries!

BigDawg wrote on Feb 16, 2007 2:37 PM:don't blame the kid that is living with the stress of war, blame the government that put him there. The kid shouldn't be charged, charge W's sorry ..

S. Gross wrote on Feb 16, 2007 3:01 PM:Don't give our soldiers the finger. Let's give our team a hand! Way to go guys! Whoo-hoo!! Spread freedom and democracy. We are going to win this conflict yet. The Iraqis are gonna love us a like a good episode of the Sopranos.

Stop Joining Military wrote on Feb 16, 2007 5:57 PM:When kids join the military for an "education" they fully understand that they will be taught to kill. They have OTHER options!! Stress of war is no excuse for this marines horrific behavior. Yes, there are boundaries, becoming a terrorist is no way to overcome terrorism!!

Troop Supporter wrote on Feb 16, 2007 6:19 PM:Quinnie - who is "you" in your comment about walking past veterans and denying them..you don't speak for me. Maybe you will do that. Also, most infantry Marines don't join for an "education" (if you mean school benefits) - you project your views. I also believe the media has always reported the negatives with glee - most of them have never spent time outside of their news rooms or in the Green Zone hotels - nothing resembling what our infantry faces and the media portrays from their own ivory towers. As for definition of terrorism, again, your definition will differ from that of many people. Your viewpoint. My view is that there is absolutely NO comparing our troops to terrorists. Examples of terrorism swept under the carpet by the Left in favor of pointing out any negatives of America - beheading 2 young Christian schoolgirls on their way to school in Indonesia; burying women they view "impure" in the sand up to their necks and stoning them to death (where is the outrage by the militant feminists?) beheading and mutilating American reporters,CARE workers, nuns,priests, military troops, contractors, businessmen; putting captive homosexual men next to a wall, then knocking the wall over onto them and killing them; strapping bombs onto mentally handicapped men and sending them into crowds of innocent civilians to kill as many as possible, knocking down ages old Buddhist statues because the terrorists didn't approve of them. These are all documented cases. Where is the outrage by the Left for some of these Pet Causes of theirs? I believe it's because they sit safely in the US (but they would be the first that the real terrorists would victimize) and it's so easy for them to spout off about their so-called horrible US because the military has given them that freedom and safety within our country.

AW4cryinoutloud wrote on Feb 16, 2007 8:13 PM:To Troop Supporter: What YOU said!!!AW4.

Wrong... wrote on Feb 16, 2007 8:37 PM:"Our guys should be able to do whatever they want in conducting the global war on terrorism?" Wrong. There are rules of engagement and there is the Geneva convention. When we throw those out the window we become as bad as the terrorists themselves.

John1 to "Stop Joining Military" wrote on Feb 16, 2007 10:29 PM:That's probably the dumbest set of comments on this blog this year. What presumption! You wouldn't know stress of war if it came up and shook your lily livered hand.

AW4cryinoutloud wrote on Feb 16, 2007 11:40 PM:The fliers were distributed by the "Platoon". Not by the Squad. Who made up the fliers and ordered the Platoon to distribute them? Who ordered the fliers confiscated after the Hamdania incident? Sounds like somebody protected somebody, but it sure wsn't the Squad that was protected. Prosecutors have been saying Awad had no known ties to the insurgents. In an insurgent infested town, did it ever occur to the investigators or the prosecution that the fact that Awad was known to be a corrupt cop under Saddam's regime, and the neighbor of Gowad; the "known" insurgent, that he just might possibly have ties to the insurgents? At least consideration enough to NOT take the word of the Iraqi's over the word of the Marines? Connolly interviewed Pennington while another agent took notes and then he prepared a written "version" of the statement from his memory and "her" notes. Could "she" have been the agent who hadn't even read her own NCIS manual? With all of the people being investigated, how in the world did these NCIS agents ever remember who was who and who said what? 21st Century technology and they have no PROOF of any of this. Just "prepared" statements for the P8 to sign. We are expected to trust in this and in plea deal statements? Geeeze; Pennington can't even defend himself against Bacos' testimony because he has to follow the terms of his own plea deal or he gets the shaft and not the goldmine. I'm not cancelling "anyone's" Hero status. I'm still waiting for "PROOF beyond a reasonable doubt".

AW4cryinoutloud wrote on Feb 17, 2007 1:35 AM:To Stop Joining Military: Stress of war is no excuse? Who's your daddy? John Kerry???

agreeing with quinnie wrote on Feb 17, 2007 9:48 AM:The PTSD and stress of war defense should carry a mandatory commitment to a mental hospital or medical unit in a prison, to protect the rest of society. It maybe true but it doesn't mean the defendant isn't a ticking time bomb waiting to assault and murder again without provocation.

Marc wrote on Feb 20, 2007 10:30 AM:They used the hand of the dead man to slap America in the face!!!!! These would be heros, inflame the anti american hatred that fuels the insurgency and kills Americans. I wonder what other indecencies they did to the body? I am totally disgusted with Pennington and his buddies.

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