CAMP PENDLETON -- A Marine lance corporal took the hand of an Iraqi man he had just helped kidnap last year and used it to strike the face of the bullet-riddled victim, a co-defendant in the homicide case testified Thursday.

"He took his hand and kind of played with it and made Mr. Awad hit himself," former Petty Officer Melson Bacos said about his squad mate, Lance Cpl. Robert Pennington, during testimony in a Camp Pendleton courtroom. "He said, 'Quit hitting yourself.' "
Bacos' testimony came as the government presented evidence that will lead to its sentencing recommendation when the court-martial ends for Pennington, a 22-year-old Seattle native who pleaded guilty Tuesday to conspiring to kidnap and murder Hashim Ibrahim Awad.
Bacos also testified that as Pennington helped place Awad's body in a bag for removal from the killing site in the village of Hamdania, Iraq, he made joking references to brain matter and whether rigor mortis had set in on the body of the 52-year-old victim.
Bacos was the first of the eight men from the base's 3rd Battalion, 5th Marine Regiment platoon charged in the case to plead guilty. As part of his deal with prosecutors, Bacos is required to testify for the prosecution in the remaining cases.
Awad was taken from his home in the early morning hours of April 26, marched to a hole that the squad had prepared to make it appear he was an insurgent planting a roadside bomb and shot to death. Platoon members who pleaded guilty for their roles in the case have testified the killing was carried out in an attempt to send a message to Hamdania residents about insurgent activity in the area.
Bacos, who said he considered Pennington a "brother in arms" and was uncomfortable testifying against him, told the court that Pennington helped plan the April 26 slaying and did nothing to try to prevent it.
Pennington also took a bandage used to dress wounds and formed a makeshift cravat for use as a gag and attempted to stuff it into Awad's mouth as the squad prepared to shoot the Iraqi, Bacos testified.
"He was laying on top of him so he couldn't get up and shoving the cravat inside his mouth," Bacos said, adding that Awad was "fighting back and struggling when he was getting gagged."
At one point during the gagging, Bacos said that Pennington exclaimed, "this (expletive) is trying to bite me."
As Bacos testified, Pennington took notes and occasionally glanced at the Wisconsin native. Pennington's parents, Deanna and Terry, and other family members also watched Bacos intently as he testified. His mother, who has been very vocal in protesting the prosecution of her son, took notes throughout the testimony.
Also testifying for the government was James Connolly, a Naval Criminal Investigative Service special agent who interrogated platoon members in Iraq.
Connolly testified about having met with family members of Awad and learning that within a day or two of the slaying, a flier had been handed out in Hamdania by members of the platoon with a threatening message that if anyone was caught digging a hole for a roadside bomb they, like Awad, would be killed.
Pvt. John Jodka III, another of the Marines who has pleaded guilty, testified briefly that the platoon was responsible for distributing the flier.
Prosecutors have repeatedly said that Awad had no known ties to insurgents and no testimony tying to him to attacks on U.S. forces has been heard in any of the cases.
Pennington's lead attorney, David Brahms, challenged Connolly's methods in preparing a sworn statement attributed to his client. Connolly testified that he interviewed Pennington while another agent took notes. He then prepared a written version of the statement from his memory and her notes. The session was not recorded.
Prosecution and defense testimony is expected to end today or Saturday. Each side will then argue what they believe is an appropriate sentence, after which the judge, Col. Steven Folsom, will render a decision.
The terms of Pennington's plea agreement with the convening authority over the case, Lt. Gen. James Mattis, won't be revealed until after the judge pronounces what he believes is an appropriate sentence. Whichever sentence is lesser -- the one in the plea agreement with the general or the one that Folsom orders -- will be the one that Pennington serves.
His pleas were the result of a negotiated deal with prosecutors that require the government to withdraw murder, larceny and housebreaking charges if he follows its terms as he serves out his sentence. Pennington joined the Marine Corps in October 2002 and served two tours of duty in Iraq.
Facing trial later this year are three remaining defendants: the squad leader, Sgt. Lawrence Hutchins III, and Cpls. Trent Thomas and Marshall Magincalda.
Thomas pleaded guilty to murder and six other felonies on Jan. 18, but was allowed to withdraw those pleas last week and proceed to trial. Each remaining defendant has pleaded not guilty or had their attorneys express their innocence.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
Posted in Military on Friday, February 16, 2007 12:00 am Updated: 8:20 am.
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