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The
War Profiteers - War Crimes, Kidnappings, Torture and Big Money |
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Hamdaniya - The Execution of Hashim Al-Zobaie |
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NBC animation of the execution
of Hashim Al-Zobaie |
Background - Hamdaniya, April 26th, 2006 All parties to the case of Hashim Ibrahim Awad al-Zobaie agree that
he was shot dead by Marines of the 3rd Battalion, 5th Regiment on April 26 in
the small central Iraqi village of Hamdaniyah. But there are differing
accounts of his death, and they are at the heart of another investigation
into the conduct of American forces in Iraq. Members of the Marine foot patrol under investigation in the case
said they came upon Hashim digging a hole for a bomb near his home in the
Sunni Arab village of about 30 homes near Abu Ghraib, west of Baghdad. The
Marines said they killed Hashim in a brief gun battle and that they found an
AK-47 assault rifle and a shovel by his side. According to accounts given by
Hashim's neighbors and members of his family, and apparently supported by
photographs, the Marines went to Hashim's home, took the 52-year-old disabled
Iraqi outside and shot him four times in the face. The assault rifle and
shovel next to his body had been planted by the Marines, who had borrowed
them from a villager, family members and other residents said. Excerpt of a
Washington Post article
from June 5th, 2006. |
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Melson Bacos |
The victim Hashim Al-Zobaie |
Camp Pendleton,
October 5th, 2006 A Navy corpsman testified Friday that Marines in his patrol seized an
Iraqi civilian from his home, threw him into a hole and put at least 10
bullets in his head and chest after growing frustrated in their search for an
insurgent. Petty Officer 3rd Class Melson J. Bacos said he saw a Marine put
fingerprints from the victim onto a rifle and on a shovel to implicate him as
an insurgent. I was shocked and I felt sick to my stomach, Bacos said.
Bacos, a medic who had been on patrol with the squad, was charged along with
seven Marines in the slaying of Hashim Ibrahim Awad last spring in the town
of Hamdania. [
] Excerpt of an
Associated Press article
from October 6th, 2006. |
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The Hamdaniya Reports Archive The 2008 & 2009 Media
Reports File |
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August 28th, 2009 - Hamdania Squad Leader
Expresses Remorse 1 news article
from North County Times August 18th, 2009 - Pendleton 8 Figure Protests
Loss of Attorney 1 news article
from North County Times August 15th, 2009 - Anguish Continues for
Parents of Convicted Marine 1 feature article
from North County Times June 22nd, 2008 - Marine Convicted of Murder
Sent to Leavenworth Prison 1 news blog by the
Los Angeles Times The 2008 & 2009 Media
Reports File |
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John Jodka |
Jerry E. Shumate |
Robert Pennington |
Melson J. Bacos |
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Tyler Jackson |
Marshall Magincalda |
Lawrence Hutchins III |
Trent D. Thomas |
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Charges & Sentences by the Military Tribunal at
Camp Pendleton |
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Defendants |
Pleading |
Main Charges |
Sentences |
Sentencing Dates |
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Lawrence Hutchins |
pleaded not guilty |
Murder, Kidnapping & Conspiracy |
15 years confinement |
August 3rd, 2007 |
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Marshall Magincalda |
pleaded not guilty |
Murder, Kidnapping & Conspiracy |
448 days confinement |
August 3rd, 2007 |
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Robert Pennington |
pleaded guilty |
Conspiracy & Kidnapping |
8 years confinement |
February 18th, 2007 |
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Trent Thomas |
pleaded not guilty |
Murder, Kidnapping & Conspiracy |
reduction in rank/discharge |
July 20th, 2007 |
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Jerry Shumate |
pleaded guilty |
Agg. Assault & Conspiracy |
21 months confinement |
November 21st, 2006 |
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Tyler Jackson |
pleaded guilty |
Agg. Assault & Conspiracy |
21 months confinement |
November 16th, 2006 |
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John Jodka |
pleaded guilty |
Agg. Assault & Conspiracy |
18 months confinement |
November 15th, 2006 |
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Melson Bacos |
pleaded guilty |
Kidnapping & Conspiracy |
12 months confinement |
October 6th, 2006 |
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August 10th, 2007 - Marine Released From the
Brig in Hamdania Investigation Report
by U.S. Marines Forces Central Command & Marine Corps Base, Camp
Pendleton [
] Private Robert B. Pennington was released from Naval Consolidated
Brig Miramar today following a clemency decision by Lt. Gen. James Mattiis.
Lt. Gen. Mattis made his decision following a meeting with Pennington today.
On Feb 18, 2007, Pennington was sentenced by a military judge to 14 years
confinement, reduction in rank to Pvt./E-1 and a dishonorable discharge for
his involvement in the death of an Iraqi man in Hamdania, Iraq in April,
2006. The sentence to confinement was
reduced by a pre-trial agreement to 8 years. The military justice system
allows convening authorities to reduce sentences as a matter of
clemency. Convening authorities are
not authorized to increase sentences. Lt. Gen. Mattis reduced his confinement following his review of the
findings and sentences in all the cases, and based on considerations of the
fair treatment of the seven Marines and Sailor involved in the Hamdania
incident. At the time of the incident,
Pennington was a 21 year old Lance Corporal who was neither a squad leader
nor a fire team leader, and he did not fire his weapon. In considering his clemency actions, Lt.
Gen. Mattis balanced a number of factors related to those involved, including
their ages, military experience, their relative rank and position of
authority, and their level of involvement in the incident as it was
determined by the military courts-martial process. [
] August 3rd, 2007 - Marine Sentenced at
General Court-Martial in Hamdania Investigation Report
by U.S. Marines Forces Central Command & Marine Corps Base, Camp
Pendleton [
] Sgt. Lawrence G. Hutchins III was sentenced today at a general
court-martial held here. Hutchins was sentenced to 15 years confinement,
reduction in rank to Pvt./E-1, a dishonorable discharge and a reprimand. Hutchins
was found guilty Thursday of unpremeditated murder, larceny, making a false
official statement and conspiracy to commit the following: murder, larceny,
obstruction of justice and false official statement for his involvement in
the death of an Iraqi civilian on April 26, 2006, near Hamdania, Iraq.
Hutchins was found not guilty of kidnapping, assault, housebreaking and
obstruction of justice. The military judge for the proceeding was Lt. Col.
Jeffrey Meeks. U.S. Marine Corps personnel sentenced to confinement of one
year or longer, automatically have their cases forwarded to the Navy - Marine
Court of Criminal Appeals for review. [
] August 3rd, 2007 - Marine Sentenced at
General Court-Martial in Hamdania Investigation Report
by U.S. Marines Forces Central Command & Marine Corps Base, Camp
Pendleton [
] Cpl. Marshall L. Magincalda was sentenced today at a general
court-martial held here. Magincalda was sentenced to 448 days confinement and
reduction in rank to Pvt./E-1. Magincalda has been in pre-trial confinement
for the last 450 days and will be released from the Camp Pendleton brig
today. Magincalda was found guilty Wednesday of larceny, housebreaking and
conspiracy to commit the following: murder, kidnapping, larceny, false
official statement and housebreaking for his involvement in the death of an
Iraqi civilian on April 26, 2006, near Hamdania, Iraq. Magincalda was found
not guilty of murder, kidnapping and making a false official statement. [
] August 2nd, 2007 - Verdict Announced at
General Court-Martial in Hamdania Investigation Report
by U.S. Marines Forces Central Command & Marine Corps Base, Camp
Pendleton [
] The court-martial panel rendered the following verdict today in
the case of Sgt. Lawrence G. Hutchins III for his involvement in the death of
an Iraqi civilian on April 26, 2006, near Hamdania, Iraq. Hutchins was found
guilty of unpremeditated murder, larceny, making a false official statement
and conspiracy to commit the following: murder, larceny, obstruction of
justice and false official statement. Hutchins was found not guilty of
kidnapping, assault, housebreaking and obstruction of justice. Under the
Uniform Code of Military Justice, two-thirds of the court-martial panel must
vote guilty to render a guilty verdict. [
] August 1st, 2007 - Verdict Announced at
General Court-Martial in Hamdania Investigation Report
by U.S. Marines Forces Central Command & Marine Corps Base, Camp
Pendleton [
] The court-martial panel rendered the following verdict today in
the case of Cpl. Marshall L. Magincalda for his involvement in the death of
an Iraqi civilian on April 26, 2006, near Hamdania, Iraq. Magincalda was
found guilty of larceny, housebreaking and conspiracy to commit the
following: murder, kidnapping, larceny, obstruction of justice, false
official statement and housebreaking. Magincalda was found not guilty of
murder, kidnapping and making a false official statement. Under the Uniform
Code of Military Justice, two-thirds of the court-martial panel must vote
guilty to render a guilty verdict. [
] The 2007 Military Reports
File The 2006 Military Reports
File |
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Scenes from the Military Court Proceedings |
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Marshall Magincalda with attorney |
Jerry Shumate |
Melson J. Bacos with his attorneys |
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Lawrence Hutchins with attorney |
Marshall Magincalda |
Trent Thomas (middle) |
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Robert Pennington |
Lawrence Hutchins |
Military Judge James Mattis |
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War Scenes from Hamdaniya |
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U.S. Blackhawk helicopter over Hamdaniya |
U.S. Soldiers walk the streets of Hamdaniya |
Burial of murdered Hashim Al-Zobaie |
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Background 1) Animation showing the alleged execution of Hashim Al-Zobaie by U.S.
soldiers - August 2006 - Still from NBC News 739/Associated Press report; 2) Melson J. Bacos during court martial hearings - October 6th,
2006 - Denis Poroy/Associated Press; 3) Hashim Al-Zobaie - undated - Iraqi police/family photo; The Accused 1) John Jodka - undated - U.S. Marine Corps/Associated Press; 2) Jerry E. Shumate - undated - U.S. Marine Corps/Associated Press; 3) Robert Peddington - undated - U.S. Marine Corps; 4) Melson J. Bacos - undated - U.S. Navy/family photo/Associated
Press; 5) Tyler Jackson - undated - U.S. Marine Corps; 6) Marshall Magincalda - undated - U.S. Marine Corps/Associated Press; 7) Lawrence Hutchins III - undated - North County Times; 8) Trent D. Thomas - undated - North County Times/family photo; Scenes from the Military Court
Proceedings 1) Marine Cpl.
Marshall Magincalda, left, and his defense attorney Joseph Low, center, enter
a pretrial hearing being held at Camp Pendleton on Wednesday - August 30th,
2006 - Denis Poroy/Associated Press; 2) Jerry Shumate
at military court - September 2006 - Associated Press; 3) Navy Petty Officer 3rd Class Melson J. Bacos, center, is escorted
into his court-martial hearing by his defense attorneys, Marine Corps Lt.
Col. Scott Jack, left, civilian defense counsel Jeremiah Sullivan, right, and
Navy Lt. Jonathan Stephens, back left, held at Camp Pendleton Marine Corps
Base, California - October 6th, 2006 - Denis Poroy/Associated
Press; 4) Lawrence Hutchins with attorney - October 16th, 2006 -
J. Richardson Brannon/Associated Press; 5) Marshall Magincalda - November 8th, 2006 - Denis
Poroy/Associated Press; 6) Trent D. Thomas - November 14th, 2006 - Charlie
Neuman/San Diego Union-Tribune; 7) U.S. Marine Lance Cpl. Robert B. Pennington walks to his
court-martial proceedings at Marine Corps. Base Camp Pendleton, Calif.
Pennington is facing charges related to the death of 52-year-old Hashim
Ibrahim Awad on April 26, 2006 in Iraq. - Februrary 13th, 2007 -
Chris Park/Associated Press; 8) Lawrence Hutchins - December 7th, 2006 - Denis
Poroy/Associated Press; 9) Military judge General James Mattis - August 2007 - Associated
Press; War Scenes from Hamdaniya 1) UH-60 Blackhawk from the 101st Airborne Division (Air Assault), 9th
Aviation Battalion, A Company, flies over Al Hamdania, Iraq - June 16th, 2003
- U.S. Army, Sgt. Michael Bracke; 2) 101st Airborne Division's Maj. Michael Albertson, the interim mayor
of Al Hamdania, Iraqs liaison officer, walk through the streets with city
council members - June 16th, 2003 - U.S. Army, Sgt. Michael Bracke; 3) Burial of
Hashim Al-Zobaie - late April 2006 - Still from NBC News 739/Associated Press
report; |
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Back to the Second
Gulf War/Iraq Invasion II |
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