Juries get cases about Hamdania slaying

By: TERI FIGUEROA - Staff Writer | Tuesday, July 31, 2007 9:23 PM PDT ∞

CAMP PENDLETON -- The fates of two Marines accused of kidnapping and killing an Iraqi man were put in the hands of military juries Monday afternoon.

Sgt. Lawrence Hutchins faces life in prison if his jury convicts him of murder and other charges for leading Marines in a plot to kill a man they were told was the chief insurgent in the area of Hamdania, a rural village in Iraq. When the squad could not find that man, they grabbed his next-door neighbor and killed him instead, Marines have testified.

"Sgt. Hutchins is criminally responsible," military prosecutor Lt. Col. John Baker told Hutchins' jury of five officers and four enlisted Marines on Monday as he made closing arguments in the case.

Cpl. Marshall Magincalda is also facing life in prison if he is convicted of murder and other charges for his role in taking part in the plan.

"They went out and committed murder and thought they could get away with it," military prosecutor Lt. Col. Sean Sullivan told Magincalda's jury of one officer and five enlisted Marines.

The two Marines are on trial in separate military courtrooms for their roles in the death of Hashim Ibrahim Awad on April 26, 2006.

Defense attorneys in both Hutchins' and Magincalda's cases did not deny that their clients played a role in the plot, but argued that violence toward Iraqis was encouraged by the men's superiors.

"All of this is a failure of command," said Hutchins' attorney, Rich Brannon.

During both trials, jurors heard testimony that the eight-man squad watched and heard about Marine Corps superiors in their company beating Iraqi suspects during questioning, as well as shoving guns in or near their mouths.

There was also testimony that the squad had not been considered aggressive enough by their leaders.

Magincalda's jury deliberated more than three hours Monday and went home without reaching a verdict. Hutchins' jury will begin deliberations this morning. To reach a verdict in a court-martial, two-thirds of the jurors must agree.

According to testimony from troops in the squad, Awad was dragged from his home in the middle of the night by four of the squad's eight members.

The troops marched Awad a mile or so down the road, placed him in a dirt hole with his hands and feet bound, and shot him to death, troops have testified. The squad then staged the scene to make it appear Awad had been an insurgent planting a roadside bomb, Marines have said.

The eight troops were charged with murder, conspiracy to commit murder and other offenses in Awad's death. Five of them pleaded guilty to roles in the plot and testified against their squad mates in exchange for sentences ranging from one to eight years in military jail.

Three of the accused men -- Hutchins, Magincalda and Cpl. Trent Thomas -- opted to go to trial. Two weeks ago, the jury in the Thomas trial convicted him of lesser charges but did not sentence him to jail.

The accused men -- seven Marines and a Navy corpsman --- were all from Kilo Company's 1st squad, 2nd platoon from Camp Pendleton's 3rd Battalion, 5th Marine Regiment.

Brannon, Hutchins' attorney, said his client took his cues from what he saw and heard from his superior officers in the field.

Brannon suggested that the order to kill the original target of the plan -- a suspected insurgent by the name of Saleh Gowad -- may have been hatched from "on high" and handed down.

Prosecutor Baker countered with testimony that, after the killing, Hutchins stood over Awad's bullet-ridden body and said "Gents, we have just gotten away with murder."

Magincalda's attorney, Joseph Low, focused on testimony that his 24-year-old client, who helped snatch Awad out of bed and forced him to the killing scene, did not take part in the actual killing -- that he did not pull the trigger and fire on Awad when his squad mates did.

Low argued that Magincalda did not want to be part of the plan, and only partook in minimal roles.

Prosecutor Sullivan pointed out to the jury that players in a criminal conspiracy are liable for the actions of the others in the plan.

After the shooting, Hutchins filed a report stating that the squad spotted Awad digging a bomb, and that Awad started shooting at them, so they fired back and killed him. The military deemed the killing justified, and did not question it until Iraqis began complaining to a Marine battalion commander. That is when the investigation began.

"And what does our hero do next?" Baker said of Hutchins. "He tells his Marines to stick to the story."

-- Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.

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Let's Hope: wrote on Aug 1, 2007 9:05 AM:that these juries have some brains in their heads and being combat Marines, understand the way things are over there. 99% of you bloggers...DON'T understand anything and that is apparent by all the ignorant comments that you make from the safety of your homes!

MorallyRight1 wrote on Aug 1, 2007 10:00 AM:The blaring and stark differences in the two legal proceedings side by side, is what is making a mockery of the UCMJ. What has always been one of our bricks of democracy, is that what is good for one is good for all. That is not the case in either of these proceedings. Nor, has it been from the beginning. So, how can there be justice? There is no body, no ballistics, no witnesses, the accused cannot face their accusers, not Mirandized, no dna, no evidence, nothing but 'he said, she said'!! Only coerced statements. Let these men go, and try and save what is left of our military system, so that we have some sort of defense in place, before no one is left in it!

To let's hope wrote on Aug 1, 2007 10:20 AM:Many of us are praying for the marines and I hope the jury will come back with a favorable outcome. I hope the families are reunited and homecomings are celebrated. I has been a long road for the families of these men and getting them home will be the beginning of a new start.

to Morallyright1 wrote on Aug 1, 2007 10:50 AM:coerced statements? Where's the PROOF the statements were coerced? It's just like you said in your above statement, it's "he said, she said". Works both ways sunshine.

AW4cryinoutloud wrote on Aug 1, 2007 11:06 AM:To MorallyRight1: You are so "Right". I sat in on a trial for an INNOCENT Marine. I have met him and his family and have NO doubt as to the failure of the UCMJ; not to mention this government's disavowment of its own policies. As an American citizen I always accepted our governmen'ts need to keep things from us, etc. But this pattern of sacrificing our young men (and women one day if this continues) is sickening and unacceptable. What has been done to these Marines and their families is criminal. The wrong people sit in the courtrooms accused. It goes higher up and there is no accountability beyond the rank of Sergeant. Our troops are EXPENDABLE in the eyes of the government and, seemingly, in much of the media. Magincalda nor Hutchins should be put through any more hell than than the time they've wrongly been forced to spend imprisoned, and the futures they no longer have. If there is any dishonor it does NOT lie with these young men. The media fails to report all that comes out in the courtrooms. We have the right to know what is being done to our own but it isn't happening. We just keep getting the same old "Mastermind" and "Awad" baloney. Where's the news when the prosecution makes a fool of itself, or when NCIS does the same? Where's the news about testimony "very" favorable to the accused? Bless you Morally for your wisdom and strength during this past year. I got an education I never expected. Very disillusioning. I have to go take an Aspirin.

John1 to "to MR1" wrote on Aug 1, 2007 11:18 AM:Even the prosecution discounts the NCIS investigation.

square one wrote on Aug 1, 2007 11:31 AM:Remember when this war was about how evil and uncivilized Saddam Hussein was, and we were going to restore freedom and liberty to the poor Iraqis? Now there is no peace or security, however imperfect, and our troops are among those kidnapping, torturing, raping and murdering. When will we stop pretending that we are better than everyone else?

to John1 wrote on Aug 1, 2007 11:32 AM:The only story that is discounted is the version provided by your son and his fellow ex-Marines. These ex-Marines deserve to go to jail for a long time.

AW4cryinoutloud wrote on Aug 1, 2007 11:39 AM:To 'to Morally: Do the math. Engage your brain. ALL accused testified they were coerced. ALL Haditha Marines testified they were coerced. NCIS has a history. Read the GAO report. NCIS keeps NO records. NONE of the accused were allowed attorneys in Iraq. DO THE MATH! Where's YOUR proof that they weren't???

Miriam wrote on Aug 1, 2007 11:42 AM:I am waiting for the jury's verdict; but not their sentencing decision. If the past predicts the future, they will be able to agree on guilt, but will be unwilling to punish the people they agreed conspired to kill.

AW4cryinoutloud wrote on Aug 1, 2007 11:50 AM:To square one: We're not better than anyone else but we have always been the Superpower. We are civilized. We are NOT Barbarians who torture and decapitate, etc. If you refer to the P8 when you speak disrespectfully of the troops, you just haven't been getting the 'whole' story. Our media has its faults, the same as the rest of us. Our government has its faults...Big Time!

AW4cryinoutloud wrote on Aug 1, 2007 11:55 AM:To 'to John1': You haven't been in the courtroom have you? If the answer is no, then you don't know what you're talking about. These MARINES deserve to be given the respect they "Earned". If you must blame someone, blame their leaders, blame those in power; Not those who take the fall for them.

to AW4 wrote on Aug 1, 2007 12:00 PM:The juries were in the courts everyday...so lets see what they decide. That is what matters. (The one for Thomas decided he was guilty as charged.)

AW4cryinoutloud wrote on Aug 1, 2007 12:03 PM:Here's a thought. For all those who don't believe in these Marines, do you believe in this administration? Are you one of those who bash Bush and the Republicans? Heck! I'm a Republican yet I'm not happy with my own party. They're wusses. IF you are unhappy with this government, then why do you put your trust in NCIS and the prosecution; who work "for" the government? Anybody got an intelligent answer?

AW4cryinoutloud wrote on Aug 1, 2007 12:07 PM:To the post to me at 12:00PM: The panel found Thomas guilty of certain charges, agreed, BUT, in case you hadn't noticed...They SET HIM FREE! There's a reason for that. Geeeze!

MLC wrote on Aug 1, 2007 1:02 PM:Keep hope alive. The juries are still out because someone, at least one person on these juries, is fighting for these young men.

to AW4 wrote on Aug 1, 2007 1:09 PM:AW4, the first time I have ever agreed with you. I don't trust the government or the NCIS; I am believing the sworn testimony of the other 6 co defendants to be the closest we will get to the truth. I also have no doubt that there were other higher ups who encouraged this type of conduct. (But not orders to kidnap and murder.)

the 12:00PM poster wrote on Aug 1, 2007 1:14 PM:the "certain charges" he was found guilty of, were participating in a conspiracy to kidnap and murder, lets not minimize what a friendly jury found him guilty of. They heard the evidence and were in a position to weigh it and discount what ever didnt withstand their scrutiny. They found him GUILTY.

HE WILL BE FREE wrote on Aug 1, 2007 1:34 PM:I am Larrys Friend, His Brother is my Boyfriend of 4 years, His family is a second family to me. No matter What in my Eyes, he is a LOYAL MARINE, a GREAT FATHER, a WONDERFUL SON. All this media is "he say she say." We will see what happens. All you people with your rude comments, you disgust me.. and To John 1.. They DONT deserve to go to Jail, they were over FIGHTING FOR THE COUNTRY YOU LIVE IN. I will see you soon Larry!!

Gavin wrote on Aug 1, 2007 1:44 PM:According to what I read from the notorious, habitual bloggers and defenders of murderers is: If WE weren't there then WE can't judge. If WE weren't in the courtroom then WE don't know what happened. So evidently based on that NO ONE can ever be convicted of a crime because investigators, prosecuters, judge and jury WERE NOT there! That is the VERY reason we have trials by juries that have no connection to the crime, for impartiality. As for not knowing what happened in the courtroom THAT is why we have freedom of the press. The press has reported the facts and there are also public documents. The defendants have confessed to the crime albiet with a set of excuses. If our only source of information were from the friends and families of murderers then we would indeed be in a sad state. Also, I have noticed these same bloggers have shifted their stance from pro-Bush and pro-war to anti-Bush and war as if to cleanse themselves of their part in both his election and procecution of an illegal invasion. They cheered him on in the begining. Now they want BUSH to stand trial for the murder of this man! I agree that Bush is a criminal in every sense but all adults have personal responsibility for their acts. Excuses like "the devil made me do it" are not acceptable. Sadly your boys will get off, quit your complaining.

To Gavin wrote on Aug 1, 2007 2:48 PM:Freedom of the press also allows the story to be one sided.

AW4cryinoutloud wrote on Aug 1, 2007 3:03 PM:To 12:00PM again: SO? He's free. There's a reason for that. Justice might be the word to use. After all, he was in the Brig for one year for something not proven. Get over it.

AW4cryinoutloud wrote on Aug 1, 2007 3:14 PM:To Gavin: Yes we have freedom of the press. It would be nice if the press, with all its freedom would tell the whole story; the negative AND the positive. It takes being in the courtroom to see it. I had no clue until I was there. I could care less what you believe. I only know what I saw and heard; the negative AND a lot positive. I don't see much of the positive in print. As for Bush; you're full of it. I voted for Bush twice but have said I'm not happy with the way things have been handled. "I", and supporters of our Marines never said we wanted to see Bush stand trial for anything. You've got us confused with Sheehan and her buddies. Thanks for NOT giving a damn whether or not these guys could be proven guilty of anything. Thanks for Nothing.

Brother Of Pennington wrote on Aug 1, 2007 3:31 PM:To Gavin, Have you taken the time to read up on the court documents you mentioned in your post. I only ask, because I don't remember, "the devil made me do it," being any of the men's excuses. The reason it would be helpful to be in courtroom is so that you can draw a clearer picture than has been drawn in the media, who have taken the tiniest samplings from the courtroom, and lauched headlines like, "mastermind", to make it sound all that much more dubious. If you were in the court room you'd hear information regarding how high up in the chain of command this situation goes, also, what was happening in Hamadania at the time of attacks, mainly in the form of eyewitness testimony from Marines who served there, and lastly no by no means least, the fact that the man killed that night was insurgent, who's death saved Marine lives(Again backed up by multiple testimonies of Marines who there before and after this incident took place. The information provided to the public by the media has been carefully controlled and laughably skewed towards the government's case.

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