Judge denies second Iraq trip for Sgt. Hutchins' defense attorneys

By: MARK WALKER - STAFF WRITER | Monday, March 26, 2007 10:48 AM PDT

CAMP PENDLETON ---- A military judge this morning rejected a second trip to Iraq for attorneys for a Marine sergeant accused of masterminding the abducting and shooting death of an Iraqi man last year.

Lt. Col. Jeffrey Meeks ruled that attorneys for 22-year-old Sgt. Lawrence Hutchins III had failed to demonstrate that the trip would help their client's case and that nothing in military law required the Marine Corps to provide the trip.

Meeks also said that because U.S. forces are no longer actively patrolling the area around where the killing took place in the village of Hamdania northwest of Baghdad that the trip was simply impractical.

"Nothing entitles the defense to use of a military force," Meeks declared, adding such a visit would occur in a region now declared hostile and likely be fruitless. "There's been nothing has been shown to this court that would show any material information can be found in Hamdania."

Two of Hutchins attorneys visited the area in January with security provided by a Marine escort but had only 45 minutes to see where the Iraqi, Hashim Ibrahim Awad, was killed. The short visit also did not allow the attorneys to interview any potential witnesses.

Meeks also formalized an earlier preliminary ruling allow prosecutors to introduce incriminating statements made by Hutchins to investigators in Iraq shortly after the April 26 slaying of Awad.

Hutchins is now slated to go on trial on July 16. A two-day motions hearing is set for June 11-12, during which he is expected to enter a formal plea to the murder, kidnapping, conspiracy and other offenses he faces.

Hutchins also is accused of assaulting three Iraqis in a separate incident.

He and seven other men he led from a Camp Pendleton 3rd Battalion, 5th Marine Regiment squad were charged with the killing. Five of his co-defendants have pleaded guilty in negotiated agreements with prosecutors and received jail terms ranging from 12 months to years.

See Tuesday's North County Times for a complete report on today's hearing.

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

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Iraqi hospitality wrote on Mar 26, 2007 3:01 PM:If they want to go, let them go, but don't provide any security or transportation. Give them a visa, ask the Iraqi government to be in charge of the trip and let it be over with.

Ask wrote on Mar 26, 2007 3:37 PM:Not sure if the Sgt. is guilty or not. The biggest question is, how is he supposed to get a fair trial???? Ooops, since its military that is not practical. So lets say, how is he supposed to get a decent trial??? His attorneys were on ground for 45 minutes, couldnt interview anyone. Now they want to go back and CANT, because its too hostile??? I feel sorry for this soldier regardless if he is guilty or not. Simply because he has no chance.

Not a Fair Trial wrote on Mar 26, 2007 4:04 PM:Reguardless of what happened he is not getting a fair trial as promised by our US Constitution. Sad all of the freedoms he was protecting have not been offered to him.

No Kidding wrote on Mar 26, 2007 4:20 PM:..Seriously. I can't believe the very people that stand on the front lines with guns pointed at them and then are robbed from the freedom they are protecting. This is ridiculous.

John1 wrote on Mar 26, 2007 5:43 PM:The Confrontation Clause of the US Constitution. It counts even in military trials. Except for now.

AW4cryinoutloud wrote on Mar 26, 2007 7:51 PM:Meeks says nothing in military law requires the Corps to provide the trip. Then perhaps he should read Manual for Courts-Martial RCM 703 which says that if the testimony of an unavailable witness is essential to a fair trial, the military judge (Meeks) shall grant a continuance "or other RELIEF" in order to secure the witness' presence...OR...SHALL ABATE THE PROCEEDINGS. The unavailability is not the fault of the accused. It's the fault of inept NCIS investigators, Marine Corps Brass and the prosecution. Under RCM 906(b(7)& RCM 905(j; when there are unusual costs involved in producing witnesses the trial counsel should inform the Convening Authority (Mattis), who may elect to DISPOSE OF THE MATTER BY MEANS OTHER THAN A COURT-MARTIAL. It seems the military judge could care less about a fair trial. Do they really think no-one notices that they've done everything EXCEPT insure a fair trial for Sgt. Hutchins or Cpl.Magincalda? Actually; in retrospect...It's apparent why the others took plea deals. NO chance of any fair trials for anyone. Unlawful Command Influence and Abuse of Power...These are the things the leaders of our Marines should have taught them and warned them about. Recruits! Get a degree in military law before you join up!!!

He Should be glad he is not at Gitmo wrote on Mar 26, 2007 7:58 PM:Why all the hand wringing for this criminal, when the men at Gitmo don't even get a trial!!!

AW4cryinoutloud wrote on Mar 27, 2007 1:24 AM:To Glad: The "hand wringing" is because NO one has "proven" any one a criminal. The detainees at Gitmo are either known, or suspected, terrorists. You can not compare them to our own, who have fought honorably for this country. Have you forgotten that these Marines had exemplary records until this circus? We have a military that refuses to stand up for its own because its outdated system of command and authority is exposed and threatened. Maybe you're right. Maybe they'd all have been treated better at Gitmo. Maybe someone would have seen to it that their rights were protected there. They had no counsel in Iraq. Under the UCMJ they're supposed to have the "Presence" of counsel to protect their rights. It was denied them!!!Just for that reason alone this should never have have been allowed to go this far. Those who "say" they care about our troops; the protestors who stand up for the rights of Gitmo detainees ("terrorists"), should be defending their own countrymen. Why weren't they upset that our Marines were put in shackles without having been charged? Ever wonder why they weren't charged right away? NCIS, in all its perfection (Urp!), inferred it had an airtight case, so why the shackles and all? Do you really believe that was necessary? Sure it was. In the totality of all that was done to them, it led to plea deals didn't it? Wake Up!!!

Iraqi Justice wrote on Mar 27, 2007 6:45 AM:Perhaps the only way to ensure a fair trial with all the witnesses and relevent testimony would be to turn the defendants over to the Iraqi courts. It was an Iraqi citizen that was murdered after all. They have experience trying war criminals. Bush thought they did a fine job with Sadaam and his crew and was happy to cooperate and turn over the suspects.

confused wrote on Mar 27, 2007 1:47 PM:I don't think that a judge that made the ruling in the Shumate trial is going to be fair at any point of Sgt. Huthins trial. I don't understand how anyone can call what happened to this squad fair,from beginning to now. Let them all go home to their families, they deserve at the very least that much.

John1 to Iraqi Justice wrote on Mar 27, 2007 9:44 PM:Sgt Hutchins signed up to defend this country and in return, we the citizens promised him the protection of the US Constitution and the UCMJ. Your snippy little suggestion is immature and dishonorable. No matter the right or wrong of Sgt Hutchins' actions, he is entitled to that which was promised him for his service. The same applies to "Gitmo" above.

To Gitmo From Danielle wrote on Mar 28, 2007 2:41 AM:The men at Gitmo are not american citizens these Marines are.

TO Iraqi Justice, Danielle wrote on Mar 28, 2007 2:44 AM:Once Again Saddam Hussein was a tyrant dictator Hutchins is a US Marine protected by the constitution. People like you are the reason the terrorists feel like they are winning. They see we are too weak to make any sacrafices and very willing to cut and run. I am sure I founding fathers would be proud. Imagine where we would be if they gave up.

Back AT You wrote on Apr 2, 2007 10:51 AM:to the poster of 2:44 The terrorists feel that they are winning because unfortunately they are. Our detour into Iraq, allowed the Afgan Taliban to regroup and Al Quida to recruit and train and win enough influence in Iraq to assure a base of future operations. George Bush has seriously weakened American security.

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