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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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October 4th, 2006 - Pendleton
Marine Pleads not Guilty to Murder, Kidnapping of Iraqi |
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Pendleton Marine Pleads not Guilty
to Murder, Kidnapping of Iraqi Thomas Watkins Associated Press Wed, Oct. 04, 2006 Camp Pendleton, Calif. - A
Marine pleaded not guilty Wednesday to murder and kidnapping charges stemming
from the death of a civilian man in rural Iraq. Pfc. John J. Jodka III is
one of seven Marines and a Navy corpsman charged with kidnapping and
murdering 52-year-old Hashim Ibrahim Awad last April in the town of Hamdania. He was the first of the
eight to be arraigned. The arraignment for Cpl. Marshall L. Magincalda was
set for later Wednesday and a third Marine is expected to be arraigned next
week. Preliminary hearings for the other troops are expected in coming weeks. At his arraignment, Jodka
spoke little, simply confirming his identity and entering his plea. Through
his attorney, Joseph Casas, he said he wanted to be tried by a jury of
Marines, rather than by a judge alone. Jodka wore a short-sleeved
khaki service uniform which was decorated with several medal ribbons. He took
notes throughout the proceedings. Judge Col. Steven Folsom
said he was concerned with the amount of information that had been
disseminated by both civilian defense lawyers and Camp Pendleton on its Web
site about Jodka's case. He issued a temporary order prohibiting both the
government and the defense from discussing details of the case with the news
media. "There is a real
possibility we could have (jury) members from the local Camp Pendleton area,"
Folsom said. "And I was concerned with pretrial exposure to those
members." Folsom also issued an order
prohibiting potential jury members from talking to the press about the case.
He ruled that a closed-circuit television feed from court proceedings should
remain switched on. Marine prosecutor Lt. Col.
John Baker said he was concerned the order would make it too hard for the
public to get information on the case. "The process seems to
be overly mechanical, is not flexible and will delay information getting
out," Baker said. Folsom said the order was
not perfect and would be reviewed at a motions hearing Oct. 25. The gag order
does not cover the other seven troops - yet. Both Jodka and Magincalda
also are charged with conspiracy and housebreaking. Jodka also faces an
assault charge and Magincalda is additionally charged with larceny and making
a false official statement. All eight troops have been in the brig since May.
Jodka pleaded not guilty to all counts. Jodka, 20, and Magincalda,
23, face up to life in prison if convicted. The commanding general in the
case last week ruled that the two and a third Marine, Lance Cpl. Jerry E.
Shumate, should not face the death penalty. Decisions on whether the other
five troops should stand trial - and if they will face the death penalty -
will come after their preliminary hearings. According to prosecutors,
some of the troops kidnapped Awad on April 26, bound his feet, dragged him
from his home and shot him to death in a roadside hole. All have been charged
with murder and kidnapping even though charging documents show some of the
men did not fire on Awad. This is because they are liable as accomplices,
attorneys say. Charging documents do not
spell out a possible motive, but say the group went looking for a known
terrorist. When they couldn't find one, the documents say, they entered
Awad's home and took him against his will. Jodka is accused of firing
his M-249 squad automatic weapon at Awad, along with four other troops
alleged to have opened fire. Some of the troops -
including Magincalda, according to charge sheets - are accused of stealing an
AK-47 assault rifle and a shovel and placing them in the hole with Awad's
body, apparently to make it look like he was an insurgent planting a bomb.
The Navy corpsman is accused of firing the AK-47 in the air and Magincalda of
placing the expended shell casings by Awad's body. Since the start of the Iraq
war in 2003, at least 14 members of the U.S. military have been convicted in
connection with the deaths of Iraqis. Two received sentences of up to life in
prison, while most others were given little or no jail time. Jodka's trial date was set
for March 5, 2007. © 2006 AP Wire and wire
service sources. All Rights Reserved. External link:
http://www.mercurynews.com/mld/mercurynews/news/world/15678201.htm |