CAMP PENDLETON - The Marine Corps announced late Tuesday afternoon that it will not waive pretrial hearings requested by four of eight Camp Pendleton troops accused of kidnapping and murder in the death of an Iraqi man.

Maj. Jeff Nyhart said the decision was made by the commander of U.S. Marine Forces and issued the following prepared statement.

"In order to make a fair and impartial decision on the disposition of these cases, the commander … wants the impartial analysis of the charges and evidence afforded by an Article 32 investigation," the statement said.

Last week, civilian attorneys for four of the men said they wanted their cases to move directly to trial and expressed frustration that the Article 32 hearings, equivalent to a grand jury hearing in civilian court, will be nothing more than formality.

Joseph Casas, an attorney for one of men who requested the waiver, Pfc. John Jodka of Encinitas, said he was not surprised by the announcement.

"The chess game continues," he said. "I believe the Marine Corps is overstepping Pfc. Jodka's rights. I wonder why the government is so scared to go to trial."

Jodka, six other Marines and a Navy corpsman are charged with premeditated murder and related offenses in the April 26 death of Hashim Ibrahim Awad. The other accused troops are Sgt. Lawrence G. Hutchins III, Hospitalman 3rd Class Melson J. Bacos, Cpls. Trent Thomas and Marshall Magincalda, and Lance Cpls. Tyler A. Jackson, Jerry E. Shumate and Robert B. Pennington.

Each faces the possiblity of the death penalty if convicted.

Those who sought to waive their Article 32 hearings were Jodka, Shumate, Thomas and Magincalda.

The first Article 32 hearing in the case is set for Sept. 12.

In another development, a Marine colonel sitting as a magistrate ruled Tuesday that Jodka will not be released from the Camp Pendleton brig.

In finding that he should remain in jail, the magistrate, cited the seriousness of the charges against the 20-year-old, said Siegel and co-counsel Joseph Casas. The magistrate's name was not immediately available.

The attorneys said they knew securing his release was a longshot and that while they lost the bid, they said they were buoyed by testimony from senior ranking enlisted men who testified during the hearing that took place in a Camp Pendleton courtroom over two days, Friday and Monday.

Gunnery Sgt. Keith Brockmann and Sgt. Major Michael Kufchak testified that they would be willing to watch Jodka if he were released, the attorneys said.

Casas also said the two career Marines testified that they did not believe Jodka would be a flight risk, and that they stand firm in the presumption of his innocence.

Casas characterized the hearing as bittersweet.

"It was reassuring to hear that top enlisted Marines with close ties to the Camp Pendleton 8 have faith in the presumption of innocence and have faith in their Marines," Casas said. "It is very reassuring that they have not turned their backs."