NORTH COUNTY -- Pressure to resolve their cases without going to trial is mounting on the remaining six defendants in the slaying of an Iraqi civilian last spring, the mother of one of the Marines charged in the case said Friday.
"Things are getting pretty hard on the men," Diann Shumate said. "They are getting scared and there's a lot of pressure being put on them to take a plea deal."
Her son, Lance Cpl. Jerry Shumate Jr., faces a court-martial early next year, as do four others from the 2nd platoon of Kilo Company attached to Camp Pendleton's 3rd Battalion, 5th Marine Regiment.
A decision on whether the unit leader, Sgt. Lawrence Hutchins III, will be ordered to trial is expected in the next few days.
Shumate said the pressure is also getting more intense on the men's family members to come up with the money to pay their sons' civilian attorneys and to travel to Camp Pendleton on weekends to visit them in the brig.
"It's been a long time since this started," she said in reference to the troops being jailed in late May and charged with murder, kidnapping, conspiracy and related offenses in June. "Finances are running low, and it's all just been really hard lately."
Fueling the angst for the six Marines and their families are the guilty pleas prosecutors reached with two defendants, Navy Petty Officer Melson Bacos, the squad's medical corpsman, and Pfc. John Jodka III, an Encinitas native.
Jodka pleaded guilty Thursday to aggravated assault and conspiracy to obstruct justice in the April 26 killing of Hashim Ibrahim Awad, who was shot to death by members of the squad in the Iraqi village of Hamdania.
Jodka will be sentenced Nov. 15 during a hearing that will reveal the terms of the deal he made.
Shumate said during a telephone interview from her home in Washington state that she has no ill will toward Bacos or Jodka, who must testify against the other defendants if prosecutors call upon them.
"I don't blame them for doing what they did," she said. "I can totally understand why -- I just feel bad that it has come to this."
Steven Immel, Shumate's attorney, declined comment when asked if a plea deal is in the works for his client.
Joseph Low, attorney for Cpl. Marshall Magincalda, said there was no plea deal on the table for his client. He acknowledged that the prosecution has additional armor with the implicating statements made by Jodka and Bacos. Each testified that all of the men willingly participated in a planned kidnapping and killing, and did so knowing they were breaking the law.
"Everything is difficult in this case," Low said. "It was difficult for the men who took a plea deal because I know they didn't want to do so, but were scared.
"It's a difficult case for the Marine Corps, a difficult case for the families, and a difficult case for the nation."
The Marine Corps will not comment on whether negotiations continue with the defendants.
Gary Solis, a former Marine legal officer who now teaches military law at Georgetown University in Washington, D.C., said the defense attorneys face a steep challenge.
"There's not much stronger evidence than the testimony of an eyewitness participant," Solis said, noting that the Jodka and Bacos plea agreements require they testify truthfully or see their deals withdrawn.
"Their pleas mean the attorney now can't defend on the facts -- they have to raise some other defense, such as they thought they were shooting a lawful target."
Each Saturday since shortly after the men were incarcerated, a group of people have held rallies at Camp Pendleton's main gate. One of the organizers, Christine Bruce, said the rallies were not necessarily focused on guilt or innocence.
"We started our rallies because of the conditions they were being held in at the start," she said in reference to troops initially being shackled when they met with attorneys and family members and forced to eat their meals in their cells.
The pickets believe the rallies helped lead to a removal of those restrictions, Bruce said.
"We never said that these guys didn't do this," she said. "We said they are innocent until proven guilty and we wanted them treated fairly. We respect the system and any findings that come out."
Don Greenlaw, a retired Oceanside resident and former Marine who has helped raise money for the men's defense, is going to visit the accused troops today, something he does routinely to help keep their spirits up and address any needs they may have.
"The only thing I can say to these guys now is that they are the only ones who know what really happened and to make sure they are telling their attorneys and their families the absolute truth."
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
Posted in Local on Saturday, October 28, 2006 12:00 am Updated: 1:56 pm.
© Copyright 2009, North County Times - Californian, Escondido, CA | Terms of Service and Privacy Policy