A completed autopsy report for an Iraqi man alleged to have been killed by a group of Camp Pendleton troops in April lacks conclusive evidence that the man's hands and feet were bound as the government alleges, an attorney for one of the defendants said Tuesday.
The lack of that finding, however, may be a result of decomposition of the body, which was exhumed for examination several weeks after the man was buried in Iraq.
The autopsy report, provided to attorney Joseph Casas and other defense attorneys Tuesday, concludes that Hashim Ibrahim Awad died from a homicide, he said.
Casas, who represents Pfc. John Jodka, declined to provide a copy of the report, citing legal reasons.
"We could move to suppress the report (in the trial)," Casas said, "then I would be potentially shooting myself in the foot if I say what is in there."
The autopsy report does not include photos of Awad's body, he said.
As for evidence of binding of Awad's hands and feet, Casas said the report stated there was no evidence of hemorrhaging or other injury that might be found if the accused men had tied up the 52-year-old man with plastic cuffs or other restraints, as the government has alleged.
But the report also hedges on the issue, Casas said, because it then quickly states that Awad's body was in a state of decomposition.
Awad's body was exhumed in June and examined at Dover Air Force Base in Delaware. Last week military officials said the body had been returned to Hamdania and reburied.
Casas said the fact that Awad's body has been reburied could harm the defense because pathologists for the defense could only offer an opinion on the report done by the government's pathologist.
"It's one thing to review government's report, another to have a hands-on analysis of the body," he said.
Casas said that, in his layman's interpretation of the report, the number of bullet wounds that hit Awad could not be determined. The Marine Corps contends the men conspired to kidnap, kill and then cover up the circumstances of Awad's death.
In charging documents, the government alleges that Awad was shot multiple times by five members of a unit from the 3rd Battalion, 5th Marine Regiment based at Camp Pendleton. The men are awaiting hearings to determine if the charges against them will move forward.
Other defense attorneys contacted Tuesday said they, too, had received the report but had not had a chance to review it.
In addition to Jodka, the accused are Sgt. Lawrence G. Hutchins III, 22; Cpl. Trent D. Thomas, 24; Cpl. Marshall Magincalda, 23; Hospitalman 3rd Class Melson J. Bacos, 20; Lance Cpls. Tyler A. Jackson, 22, Robert B. Pennington, 22, and Jerry Shumate, 20.
- Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.
Posted in Military on Wednesday, July 26, 2006 12:00 am Updated: 9:41 am.
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