Trial begins for corporal facing murder charges in 2006 death of Iraqi civilian

By: TERI FIGUEROA and MARK WALKER - Staff Writers | Monday, July 9, 2007 6:33 AM PDT

Marine Cpl. Trent Thomas.
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CAMP PENDLETON ---- The first trial in the case of a group of Marines charged with abducting a retired Iraqi policeman, killing him and staging his death to make it look like he was an insurgent will get under way in a Camp Pendleton courtroom this morning.

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Prosecutors say it was murder when Cpl. Trent Thomas, six other Marines and a Navy corpsman snatched Hashim Ibrahim Awad from his home, forced him to limp on a bad leg for more than a mile and then shot him numerous times.

Thomas pleaded guilty in January to his role in Awad's death and said during an interview with CNN that he took part in the plot.

But three days into his sentencing hearing in early February, he withdrew the guilty plea, telling the court that he was following orders from co-defendant and platoon leader Sgt. Lawrence Hutchins.

Jurors will decide whether Thomas is guilty of premeditated murder, kidnapping, conspiracy and other crimes in the April 26, 2006, incident that took place in the village of Hamdania, northwest of Baghdad.

The 25-year-old St. Louis native, who has been in the base jail since June 2006, faces life in prison if convicted.

Thomas' attorneys contend he was following a "lawful order" and should be acquitted of the charges.

Lead attorney Victor Kelley said last week that he expects testimony about who issued that order and what it involved.

"We are unsure about the genesis of the orders given and what they were," Kelley said. "If the entirety of the story comes out at the trial, I'm confident that we will get a correct result."

The Hamdania case is one of three investigations involving Camp Pendleton troops and Iraqi deaths. Seven men from another unit face charges for their roles in the deaths of 24 Iraqis in Haditha in November 2006.

The third investigation, first disclosed earlier this month in a North County Times report, involves allegations that Marines killed eight Iraqi prisoners of war in Fallujah in November 2004.

Thomas' court-martial, the military equivalent of a trial, comes about 13 months after the Marine Corps charged him and seven of his squad mates from Kilo Company, 3rd Battalion, 5th Marine Regiment in connection with the Hamdania incident.

Five pleaded guilty in exchange for lighter sentences and for testifying against squad mates who have pleaded not guilty. The men who struck deals with prosecutors received jail sentences ranging from one to eight years.

Thomas, Hutchins and Cpl. Marshall Magincalda are the three defendants taking their cases to trial.

Prosecutors say Hutchins was the architect of the scheme, and that Thomas and Magincalda were the two men who dragged Awad out of his home in the middle of the night.

According to pretrial testimony from some of Thomas' co-defendants, the plan was to kidnap and kill a suspected insurgent, Saleh Gowad. Hours after hatching the plot in a palm grove, four of the eight men headed out to find Gowad.

When they couldn't find him, they grabbed Awad. Squad mates have testified that when they did not find Gowad, the men collectively agreed to carry out the plan they had made a few hours earlier.

They marched the 52-year-old father of 11 children to the scarred site of a previous roadside bombing, shot him to death in a hole and then staged the scene to make it appear that the man had been planting a bomb, those who pleaded guilty have testified.

At first, Awad's death apparently raised no eyebrows among military officers. But when Awad's family and town officials complained, the battalion commander ordered an investigation.

Attorneys will choose the panel from a group of 14 Marines, including three enlisted men. The most junior prospective member is a staff sergeant; the most senior ranking is a lieutenant colonel. A majority have combat experience, according to Kelley.

A court-martial verdict requires agreement by at least two-thirds of the jurors, or panel members, as they are called in military court.

On Friday, the last in a series of pretrial motion hearings was conducted before the judge who will preside over the trial, Lt. Col. David Jones. The session addressed routine matters, including scheduling and the questions attorneys will be allowed to ask prospective jurors.

The trial is expected to take 10 days or more, during which the defense is expected to introduce evidence that Thomas was suffering from post-traumatic stress disorder.

"But if it (the trial) takes four weeks, it takes four weeks," Jones told Thomas during Friday's court proceedings. "You are going to get a fair trial."

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. Comment at nctimes.com.

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John1 to Fire Team Leader Trent wrote on Jul 8, 2007 9:20 PM:Trent, My thoughts and prayers are with you; you kept my son alive in Iraq, and I consider you a surrogate son, as well. I am thinking of you and Erica, your lovely daughter and your family.

Francis wrote on Jul 9, 2007 1:38 AM:Trent, My thoughts and prayers are with your victim and his family. You made more enemies for my country in Iraq and around the world by your sick and dirty deed. I consider you one of America's illegitimate son's.

Pinky wrote on Jul 9, 2007 6:41 AM:May justice be done.

wow. wrote on Jul 9, 2007 7:44 AM:Francis what a cruel comment. FREE THE MARINES!!!

Mercy wrote on Jul 9, 2007 8:07 AM:Unless you were in their shoes, and been through what they went through, DON'T JUDGE. God be with all the Marines and our armed forces. Under this leadership they need it more than ever

Let It Be wrote on Jul 9, 2007 8:21 AM:If he is found to be guilty, I hope the sentence is appropriate for the crime. If he is found to be "not guilty", I hope that he receives full exhoneration from the charges.

Justice wrote on Jul 9, 2007 8:22 AM:All I have to say is NO ONE will ever know the "real" truth of what "really" happened out there. Our marines were sent there to do a job and that's what they've been doing.... So does this mean we can complain to their government about all the americans they are killing every day and we can have a trial and sentence those to prison for life? or to death? Sounds like double standard to me.... Bush shouldn't be president, we should have pulled out of there a long time ago....

Marie-ATT wrote on Jul 9, 2007 9:13 AM:We should believe that "God" has the final say in everything that happen in our lives. Trent has been through so much while serving in Iraq. I don't believe that anyone could truly understand what those men actually go through in combat. We should'nt pass judgement, but pray for all our troops. Trent, you have our full support from the STL. We are with you during this time.

To Francis wrote on Jul 9, 2007 9:35 AM:Francis, you are an enemy of my country. Your hateful words against those who do the burden that you obviously do not have the stomach to do causes more hatred against Americans than anything else our service members could do. You are the reason that other countries don't like us. If a large number of Americans don't like what we as a nation are doing, then how is the rest of the world supposed to like us. To be honest, I don't care what the rest of the word thinks of us. They need us more than we need them. Who are the first they turn to when they need something. It is America of course. Americans by far are the most generous of any country in the world. Why don't you do the most important thing you can to make our country great. VOTE. If your candidate does not get chosen, then critize that. Don't try to get cheap shots in at those who go out there and put their lives on the line because our elected officials tell them to. It is ingrateful people like you who take advantage of the freedoms of our great nation without having to sacrifice or give back to her. If you don't like America, why don't you go to another country and live there. You will soon find a lot more respect for America then. Stephen Decatur said it best "Our Country! In her intercourse with foreign nations may she always be in the right; but right or wrong, our country!"

AW4cryinoutloud wrote on Jul 9, 2007 10:02 AM:To Francis: How about waiting for a Fair and Impartial Trial? You speak of "your" country. Well, lest you forget; an American is "innocent" unless "proven" guilty "beyond a reasonable doubt" in "your" country. This also happens to be Cpl. Thomas' country. He was born to that right and he has fought for that right. ALL of the accused have fought for that right. In fact they fought for "your" right to be able to sit there and prejudge them. A sad representation of standing for the principles upon which "your" country was founded. Gee, Francis, why have hearings or trials? There is so much prejudging out there that it's ludicrous for anyone to believe that Thomas, Hutchins, or Magincalda will see their "right" to a fair trial. How would you feel if you knew that all of the accused had their orders? As the article says, "We are unsure about the genesis of the orders given". Aren't you the least bit curious? I'm trying to understand the mindset of any American who prejudges his fellow countrymen or who defends what he refers to as a "victim. What if you were to learn that the so-called victim was really an insurgent? What if you were to learn that he was responsible for the deaths of Marines and innocent Iraqis? Sgt. Hutchins squad did what they were ordered to do, and they were known for doing it well. Now their leaders disavow it and persecute them. Nothing fair or impartial has been granted the accused at these hearings thus far. If you really care about "your" country then you'd best start worrying that the enemy doesn't acquire so much misplaced sympathy from Americans that they come here and invite "your" family to lunch. If you don't know what the "lunch" comment means, you should. Michael Yon is a good start. Perhaps, then, you won't be so eager to prejudge "your" own. Especially those who have the guts to fight for the ungrateful bunch that we as a nation have become.

MorallyRight1 wrote on Jul 9, 2007 10:06 AM:To John1: Well if you feel that Thomas is like a surrogate son, because he kept your son alive while in Iraq. How does it feel to have your own son testify against your 'surrogate' son? Funny way for your son to repay someone who looked out for his derierre. Stab him in the back. I doubt very highly that Thomas feels the same way towards you or your son right about now....

AW4cryinoutloud wrote on Jul 9, 2007 10:09 AM:To the post at 9:35AM: WOW!

o2cool1 wrote on Jul 9, 2007 11:03 AM:FRANCIS, not exactly sure where one finds an innocent Iraqi, especially one that had been a police officer for Saddam Hussein. If the so called victim was not planting IED's I'm sure he knew who was.My son served two tours in Iraq as a Navy Corpsman and could not believe how little regard Iraqi's had for life. On his last tour he tried desperatly to save the life of his best friend,trying to hold together a head that had been blown apart by an Iraqi sniper. You have know idea what these men have gone through, fighting a war against an unknown enemy,the one greeting and smiling at you in the morning could be the same one planting IED's at night or acting as a sniper. You do not deserve the freedom these brave young men have fought and died to preserve.

Goatskull wrote on Jul 9, 2007 11:11 AM:If this guy is guilty of what he is being chaged with then he is NOT a hero. I don't buy into this "Don't condemn if you were not there" mentality. If he was involved with knowingly going into the home of a civilian, pulling him out of his home, blindfolding and gagging him, beating him, then finally shooting him, then there is nothing honorable about that. Sorry if saying that upsets all you supporters but then again I don't really care. What purpose did that serve? I do agree that he deserves a fair trial and then we'll see what comes out of it.

MorallyRight1 wrote on Jul 9, 2007 12:32 PM:To Francis and any of those that feel the same: LOVE IT OR LEAVE IT. Is that in simple enough English (our national language) for you to understand. It is a simple concept & anyone can understand it. It bugs the everliving@#$#$@ out of me that so many pantywaists sit in their armchairs and criticize and criticize and criticize. But, have they enlisted, were they drafted? How about their fathers or their sons? You are that arrogant sort of person who always knows everything about everything and everyone and has the loudest mouth, so everyone hears only your point of view. And, whom do you thank for allowing you the FREEDOM for having that ability? You most likely don't thank anyone, but just take it for granted. Or you probably thank yourself for having those great loud vocal tubes!! Whereas, most folks with logic, intelligence and respect, know to thank our Military. Why weren't you employed or even visiting the Towers on 9-11? Maybe you would feel differently, that is, if you could feel at all.

MorallyRight1 wrote on Jul 9, 2007 12:36 PM:To 02Cool1: You are correct that no one that hasn't been there can understand. That should be a given. But, do keep in perspective that all of these Marines volunteered, and most after 9-11. They knew what they were in for. I am just so thankful that somebody has the male fortitude to do this for us. There is no fear there, now is there?

Concerned-1 wrote on Jul 9, 2007 1:12 PM:Unfortunatley many rules of civilization do not apply in war. What rules are the enemy terrorists observing? War is a bad thing and bad things happen every day, every hour, every minute. It's hell on earth. If it were up to me, I'd prosecute people like Francis. It makes about as much sense as prosecuting these Marines for something that happened in a war.

To 9:35am wrote on Jul 9, 2007 1:24 PM:".... that you obviously do not have the stomach to do...." I don't think you get it! It isnt that those who criticize the war "don't have the stomach to go there; its that we believe the war was, and is, unjustified, that it makes us less secure. Because someone don't commit a murder doesn't mean they "don't have the stomach" to do it, it means they have some discernment and morality. Those fighting in Iraq are making us less safe and more vulnerable day by day. I resent that my grndchildren will inherit the damage they are doing. (I disagree with everything else that you said....but lets leave it here.

karma wrote on Jul 9, 2007 1:33 PM:Only the grunts face the consequences of this dreadful mistake of a war in this life. The ones that send them there, or support this stupidity will pay in eternity. Do you feel the fire under your feet?

Goatskull to MorallyRight1 wrote on Jul 9, 2007 1:37 PM:I don't know about Francis but as for me I am not going to "Leave it". No one here has said anything anti U.S. Just because we don't we thing that these individual commited a murder does not make us anti American or anti Marines. If you can't deal with the fact that not every body disagrees with you then you can leave yourself. Since I'm not going anywhere and I'm sure you won't either then I guess we are stuck with each other.

It's funny wrote on Jul 9, 2007 2:10 PM:how we get these posts on here by those who are so fanatical and rigid in their opinions and if anyone dare disagree with them they want that person tried for treason and/or thrown out of the country. That's facism folks. Heil Hitler all over again. Those who disagreed with old Adolph were shot or worse. Stop all the obfuscation and the ridiculous lecturing of those who feel that Thomas and the others should be prosecuted. Aw4 and MorallyRight and all the other bloggers of their ilk don't know any more about these case than they read in the newspapers or hear on TV. They should stop trying to pose as some kind of legal experts and acting as though they know more about these cases than the Government does. They don't folks. Not at all.

honey bee wrote on Jul 9, 2007 2:47 PM:It's funny you wanna bet?

John1 to MR1 wrote on Jul 9, 2007 3:42 PM:You'd be surprised at Trent's opinions, I think.

AW4cryinoutloud wrote on Jul 9, 2007 3:52 PM:To It's funny: Since you appoint yourself as an authority on what I may know or what Morally may know, I'd like to know just how you came to your conclusion. When did we all meet? When were you privy to that type of info? Probably wishful thinking. Try another wish, you lose on that one. I understand Morally and the "Love It Or Leave It" comment. There's nothing fascist about it, and the "Hitler" routine is worn out and holds no logical or intelligent merit. It's just a stupid accusation born of ignorance. This country and its government was founded on the Constitution and rights granted thereunder; one of them being a right and a protection for the accused to be considered innocent unless proven otherwise. Until that moment, if anyone denies them that right through their prejudgmental comments, perhaps they 'do' reside in the wrong country. Let's take it one step further. How about, "Get Out and Stay Out"? One doesn't even have to worry about having to 'love' it. Just go some place where people convict you before you've had a right to defend yourself. Whoops! Then again, maybe you should stay.

It's Funny/ Goatskull wrote on Jul 9, 2007 3:52 PM:You are both so wrong about morallyright, she is more than aware of what is happening in the case and is not an armchair jury like the two of you. She may not be a legal expert but is very familiar with the details of ths case.

To Goatskull wrote on Jul 9, 2007 8:46 PM:But why not leave it, if you are so unhappy with every aspect of what has transpired since 9-11. There seems to be, of course, somewhat of two sides to the fence. Either those that feel we should be where we are militarily, so we are hopefully not attacked again on our home lands. Or, those that feel we should just pull out of everywhere in the world, come home, and put our heads in the sand (or in the clouds, if that suits you better). You know there are hundreds of thousands of people around the world, that shaking in fear every time someone suggests we pull out of their countries. Democrats or republicans, it doesn't matter. We are a world power, of which many depend on to actually live and breath, and not on our own soils either. Not one of those that feel we need to run back to the safety and security of the homelands, has yet to offer some sort of solution to the continued and blatant attacks on anything U.S. related. Do we just let them keep hitting, and punching and blowing up our people and our way of life? Do we try and chit chat with them over tea? Give me a viable alternative. But nothing....just continued....impeach bush, bring our boys home, this is an illegal operation, we are undermanned, we are over manned, we are restrained at war tactics, we have no restraints, Military is over paid, military is underpaid. If someone is going to blow your house and home to smithereens, are you going to tell me you are going to go outside of the rubble, and talk to them, while they take over your domain? If not, give me something to grab onto. But for all intents and purposes I don't see what good it would do to just pretend none of the 50+ events against the U.S. by this ever changing terrorist clan never happened. Get shot in the foot, stand up and get shot in the chest, stand up and get shot in the face, stand up and get....well you get the picture. Is that what you actually would do if it all happened in your back yard? Or better yet, at your childs elementary school. Yeah, I'll bet. Well, maybe you don't even have any kids in school in the U.S. Gee, maybe you don't even live in the U.S. You see give a viable alternative and at least someone, maybe might take you seriously. I think the bigger picture here should be, not to hang our Military by using tactics worse than our enemies use, just to be way overboard 'politically correct'. If you don't want to call it a war, which it is, then in conflict, someone is going to get hurt. No two ways about it.

To MorallyRight1: wrote on Jul 9, 2007 11:44 PM:Yes...you may know more about the case than most of these bloggers...I know who you are. Still you need a reality check. The way you are so quick to constantly insult and demean the rest of these Marines because they did not chose the defense YOU wanted them to is a reason for you to check your own morals! These other Marines did not 'turn coats', 'run like hell', 'backstab' or get 'bad legal advice' as you constantly harp about. They made a decision to do what was right for themselves. You don't have to agree or understand it. Maybe there are many out there that don't agree or understand why these three are chosing to go to trial...but that is their choice as well. I wish the best for all of them!

MorallyRight1 wrote on Jul 10, 2007 11:33 AM:OMG. Omg...you got that one right...again....stupid ignorance. It is just so sad, that somehow all of the Military men and women I would assume, never knew that what ever branch they chose, is above, ABOVE the laws of the lands they put their lives on the line to protect. Here is the instant replay again: Marandize? some were. Legal counsel when interrogated? Are you kidding? Right to face their accusers? Nope. Right to a speedy trial? Is 14-18 months speedy? Held for weeks without charges? Oh, Heck yeah. NCIS and prosecuting personnel wander in and out of the brig, making comments, asking stupid questions, leaking 'confidential' information to the media? Yep. Some how we have get to find a way to blend the two very distinct issues at hand. One, what really happened out there that night, without the pressure or coercion of NCIS investigators or prosecutors. Two, how can we justify and let continue the illegal and immoral treatment of our men who protect our every rights. We need to get the the real, fact filled truth of that evening. And, then deal with the violations of these mens rights. If not in the military realm, then in the civilian realm. And furthermore, get some accountability between accused within the same case, treated entirely different, ie: one judge allows evidence, one doesn't. One case, Haditha, allows lie detector tests, the other, Hamdania, doesn't. Or how about one case they have been incarcerated since wayyyy before they even should have been, under normal military procedure. And the other most of the accused never were incarcerated. How come? Who is responsible? How can we prevent this blatant prejudicial treatment of one case over the other? It amazes me that somehow military doesn't have much of the same rights that we civilians do. And, you can bet that the majority of those 18-20 year old enlistees didn't give a whit either. Just show them where to sign.

Absurd wrote on Jul 10, 2007 12:25 PM:To the post at ll:44: Sir or Ma'am: How can anyone in their right mind say that those that took plea deals for any reason, did not stab their fellow Marines in the back? How can you say that they didn't run like hell? Exactly what did they do when they did what was 'right for themselves'? They turned their back, thought only of themselves (or fragile families) and left their brothers to rot? And, lest we not forget the entire reason for these proceedings, if we presume them guilty and believe those that took a plea. All, I repeat all, of them agreed (according to the fairy tale) to do whatever it was they did, and to tell it however they mutually agreed to do. And I also thought that once you were a Marine, you were a part of the whole, a Marine forever. Not just until the going gets rough.

A true American wrote on Jul 10, 2007 3:43 PM:Francis....you don't know what you're talking about! What a disgrace you are! Thomas is an excellent Marine! You are not human at all!

To Goatskull wrote on Jul 10, 2007 3:52 PM:First off...with a name like Goatskull...your comment doesn't surprise me. In order for him to have a fair trial....then the outcome should be he will be released from jail..right? I mean Bacos has been out for some time now...shouldn't they all? That would be the fair thing to do, no matter what!

Hey "It's Funny" wrote on Jul 10, 2007 4:02 PM:You wanna know what's really funny!? Family members of the CP8 actually do know what's going on and know a lot about the cases. They've lived with it for over a year now. And I'm sure they respond to stupid comments like yours. Yeah, we read them! So you don't know what you're talking about! That's really funny! You must be blind and or stupid to think that us family members don't read these blogs. We hear all the negative commments from people that really don't know what's going on...like you!they're just quick to judge. Well I do know what's going on...and I know very well that Thomas will be set free. It's about time!

MsTz to John 1 wrote on Jul 10, 2007 4:05 PM:John...Trent doesn't have any hatred towards you or JJ. That's just the type of person he is. Believe it or not...he has no beef with Bacos either. This courtmartial he's in right now, will determine what God has had planned for us from the get go. That's how we look at it.

AW4cryinoutloud wrote on Jul 10, 2007 8:50 PM:Whatever happened to Mattis ordering NCIS to be investigated back in January? I guess those who have already prejudged these Marines figure that we'll forget about it. I haven't forgotten. I'll bet Sgt. Hutchins, Cpl. Magincalda, and Cpl. Thomas, who have been confined for over a year now would like to know "What's Up"? As a civilian who wants to see all three of these Marines guaranteed a chance at a fair trial (good luck on that), I'd love for just one Marine handling this sham of a justice system to explain how an organization that is being investrigated can be allowed to continue investigating new cases? Anybody got any bright ideas other than NCIS is its own entity accountable to no one? And how in the world did we ever get to the point that the hearing judges and whoever makes the decisions affecting the futures of our Marines, can take the word of Iraqis and the very organization that brought charges when it is still being investigated? How dumb do we look? The fix is in! They are going to keep the goldmine and give the shaft to our Marines. I'd also love for one of those in power to explain just why everything that has happened; from coercive interrogations, rights denied, leaks and on and on...all the things MorallyRight1 mentioned... why have these things not been found to be outrageous examples of unlawful command influence and abuse of power? Answer to my question about how dumb do we look: We don't! That's the problem. They don't give a damn. They will do what they will do; those they sacrifice be damned, those who care be damned, and this country be damned. And to the person who thinks that Marines turning their backs on their brothers isn't such a bad thing; This is why. They gave it to the accusers. They gave it up to save themselves. If you think it doesn't hurt Sgt. Hutchins or Cpl. Magincalda, you're about as wrong as you can get. How would you feel if you were innocent and stood by that, stood up against those who were persecuting you and your brothers, and refused to turn when you could have? Give me a break!!!Prison for over a year with people who don't know a damned thing about you but have the unmitigated gall to judge you, and those you would have given your life for sip beer on their attorney's sailboat while the others walk. Give me another break! This UCMJ is pathetic. NCIS is pathetic. Those are my personal views and not those of the site.

John1 to MsTz wrote on Jul 10, 2007 9:34 PM:MsTz, I know. JJ and Trent have seen eachother. Trent has even called me personally. I am going to try and see him tomorrow.

Hey AW4cryinoutloud: wrote on Jul 10, 2007 11:43 PM:Are you paying attention to the comment following yours? These guys do NOT hold any ill will towards each other. I KNOW WHAT I AM TALKING ABOUT. I heard it from one of them today! Stop with all the 'turning their backs on their brothers' stuff. It's BULL! There are some of us out here that know more than all of the uninvolved bloggers.

Patience wrote on Jul 13, 2007 9:15 AM:As I read the recent comments, I find myself finding solace in the words of the song: "When I find myself in times of trouble, Mother Mary comes to me, Speaking word of wisdom: Let It Be!"

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