CAMP PENDLETON -- A Marine sergeant accused of directing his squad in an alleged plot to kidnap and kill an Iraqi civilian squared his jaw and waived his right to make a statement Monday during a hearing to determine if his case will be ordered to court-martial.

Special Report

Sgt. Lawrence Hutchins III is one of eight Camp Pendleton men accused in the April 26 shooting death of 52-year-old Hashim Ibrahim Awad in the rural village of Hamdania west of Baghdad, a place some defense attorneys may soon visit.

A hearing officer must now decide whether to recommend Hutchins face trial. That recommendation is expected to go to Lt. Gen. James N. Mattis early next week.

Eleven days ago, Navy corpsman Melson Bacos pleaded guilty to kidnapping and conspiracy charges and implicated Hutchins as the chief architect of a kidnapping and murder plot he said was hatched in a palm tree grove.

Hutchins' civilian attorney, Rich Brannon, called Bacos' story "suspect."

"When you are looking at life in prison and somebody says you can walk out the door, it's very likely you (will choose to) walk out the door," Brannon said following Hutchins' hearing. "There is a possibility of untruths in the statement."

But Brannon also cautioned that he is "not going to say he (Bacos) is a liar."

Hutchins, 22, and his squad mates are said to have plotted to kill a known insurgent, but settled for Awad when they could not find their original target. Each has been charged with murder, kidnapping, conspiracy and related offenses. A conviction could land some of them on death row, others in prison for life.

Hutchins also is charged with assault for the alleged April 10 beating of three Iraqis in Hamdania 16 days before Awad was killed.

In what could be a key development, some defense attorneys may soon take a long-sought trip to Hamdania to inspect the killing scene and possibly interview witnesses.

"The government is coordinating a trip to Iraq for defense counsel," Lt. Col. Sean Gibson, Marine Corps spokesman, confirmed Monday afternoon. It was not immediately clear when that trip will take place or how many attorneys will go to Iraq.

Hutchins' hearing

No new evidence came out in Hutchins' abbreviated hearing. Instead, some 40 reports, statements and other items submitted by prosecutors make up the bulk of evidence that the investigating officer, Marine Reserve Col. Paul Pugliese, will consider in private. Hutchins' attorneys gave Pugliese an additional 11 items of evidence.

None of the evidence in Pugliese's hands is publicly available. Brannon declined to discuss what he gave the hearing officer.

If Mattis orders Hutchins to court-martial, as is expected, the sergeant will then have his first opportunity to enter a formal plea.

The defendants are charged with snatching Awad, a retired Iraqi policeman, out of his home in the middle of the night, marching him about 1,000 yards away and shooting him to death in a dirt hole they dug along the side of a road.

The seven Marines and Navy corpsman are then said to have placed a stolen AK-47 and shovel next to Awad and scattered shell casings around his body to make it appear they'd stumbled across an insurgent who was planting a roadside bomb.

Except for Bacos, the legal proceedings for the accused Marines are still early in the process.

Hutchins' pretrial hearing, known in military lingo as an Article 32, is the last one that will take place for the Hamdania defendants.

Three of Hutchins' co-defendants -- Cpl. Marshall Magincalda, Lance Cpl. Jerry Shumate Jr. and Pfc. John Jodka III -- had their investigative hearings in recent weeks, and have since learned their cases are headed to court-martial.

Three other defendants -- Cpl. Trent Thomas and Lance Cpls. Tyler Jackson and Robert Pennington -- were headed for their investigative hearings this week. But on Monday, Marine Corps officials confirmed that the government agreed to grant defense requests to skip those hearings.

It's a move, the defense attorneys acknowledge, that means their clients are all but certain to go to trial.

Brannon said Hutchins, who has been separated from his co-defendants in the Camp Pendleton brig, has no plans to plead guilty.

Another plea deal similar to the one reached by Bacos is said to be in the works for one of the defendants.

Corpsman implicates Hutchins

Thus far, the only version of what happened that night in Hamdania has come in the form of testimony Bacos gave when he pleaded guilty on Oct. 6.

At that time, Bacos said Hutchins and some of the squad's senior men huddled together at sunset on April 25 and hatched the plan. Bacos said it was to find, kill and frame Saleh Gowad, a suspected insurgent who had been detained and released by authorities at least three times.

Bacos said that if they could not find Gowad, they would settle for anyone else. He said Hutchins outlined the plan and each man agreed to take part.

At 1:30 a.m. April 26, they put the plan in motion, Bacos said, stealing an AK-47 and a shovel and heading to Gowad's home. When they couldn't get to Gowad, they settled on Awad, a neighbor.

He said they marched Awad to the hole, tied him up, and sent a radio message that an insurgent was shooting at them.

Once they got permission to shoot back, several squad members fired on Awad. Bacos also said that Hutchins shortly thereafter fired three shots into Awad's head, and Cpl. Thomas fired seven to 10 rounds into his chest.

'You can be a free man …'

Following his client's hearing, Brannon downplayed Bacos' testimony, which closely matched the version of events laid out by prosecutors in court documents.

"You can be a free man just by saying what the prosecution wants you to say," the Atlanta-based defense attorney said.

Bacos pleaded guilty to kidnapping and conspiracy to kidnap and make false official statements and was sentenced to one year behind bars with credit for four months already served. The deal requires he testify against the Marines to whom he was assigned to render aid if any were injured.

Victor Kelley, the attorney for Thomas, watched the Hutchins hearing from a media center established by the Marine Corps to accommodate coverage of the case. Kelley said his client will plead not guilty.

"Cpl. Thomas is not going to plead guilty to something he didn't do and he is not going to testify against his brothers," Kelley said.

Also watching Monday's proceedings from the media center were Lance Cpl. Pennington's parents, Terry and Deanna.

Deanna Pennington said the time her son has spent behind bars since being ordered into the brig one day after being returned to the U.S. from Iraq on May 24 is taking a toll.

"Life in the brig is torture," she said. "It's hell for these guys -- they're being treated like serial killers."

She said her son and an unspecified number of the other accused men have been offered anti-depressants.

Terry Pennington, a U.S. Air Force veteran, said there is "damage being done to these guys by being behind bars all this time -- it's unspeakable."

- Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com. Contact staff writer Mark Walker (760) 740-3529 or mlwalker@nctimes.com.

AT A GLANCE:The following is the current status of seven Marines and Navy corpsman charged with killing a 52-year-old Iraqi man in the village of Hamdania on April 26.

Each of the accused and one defendant who has pleaded guilty in the case remain in custody in the brig at either the Camp Pendleton or Miramar Marine Corps Air Station.

Petty Officer Melson Bacos, 21, Franklin, Wis.:

Pleaded guilty Oct. 6 to kidnapping and conspiracy to kidnap and making false official statements. In exchange, Bacos was given a 12-month jail sentence -- with 142 days credit for time served -- and an agreement that he testify against his squad mates.

Sgt. Lawrence Hutchins III, 22, Plymouth, Mass.:

Article 32 investigative hearing conducted Monday. Awaiting hearing officer's recommendation to Lt. Gen. James Mattis as to whether he should be ordered to trial.

Lance Cpl. Tyler Jackson, 23, Tracy:

Waived Article 32 hearing and awaiting word on whether he will be ordered to trial.

Pfc. John Jodka III, 21, Encinitas:

Ordered to trial by Lt. Gen. Mattis. Pleaded not guilty during arraignment proceeding last month. Trial is set for March 5.

Cpl. Marshall Magincalda, 23, Manteca:

Ordered to trial by Lt. Gen. Mattis. Pleaded not guilty during arraignment proceeding last month. Trial is set for Feb. 1.

Lance Cpl. Robert Pennington, 22, Mukilteo, Wash.:

Waived Article 32 hearing and awaiting word on whether he will be ordered to trial.

Lance Cpl. Jerry Shumate Jr., 21, Matlock, Wash.:

Ordered to trial by Lt. Gen. Mattis. Reserved right to enter plea to charges at a later date during arraignment on Friday. Trial is set for Feb. 12.

Cpl. Trent D. Thomas, 24, St. Louis, Mo.:

Waived Article 32 hearing and awaiting word on whether he will be ordered to trial.