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The War Profiteers - War Crimes,
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October 16th, 2006 - Marine Squad
Leader Appears in Court in Iraqi Death Case News article by the Associated Press |
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Marine Squad Leader Appears
in Court in Iraqi Death Case Thomas Watkins Associated Press Mon, Oct. 16, 2006 Camp Pendleton, Calif. - The
leader of a Marine squad suspected of kidnapping and murdering an Iraqi man
appeared in military court Monday, but a judge delayed a ruling on whether to
order a court-martial while he reviews evidence. Sgt. Lawrence G. Hutchins
headed the eight-man squad that prosecutors said took Hashim Ibrahim Awad,
52, from his home in Hamdania and shot him without provocation after they
failed to catch a known insurgent. Wearing a desert camouflage
uniform, Hutchins spoke only to confirm his identity at the hearing and say
he understood his rights. Both sides agreed to submit
unspecified evidence in document form. During previous proceedings,
prosecutors said much of the information comes from statements given by the
seven Marines and a Navy corpsman assigned to the squad. On Oct. 6, the corpsman,
Petty Officer 3rd Class Melson J. Bacos pleaded guilty to kidnapping and
conspiracy under a deal with prosecutors in which he agreed to testify at his
court-martial and during upcoming proceedings about what he witnessed in
Iraq. Bacos has testified that
Hutchins fired three rounds into Awad's head after checking to see if he was
dead. Hutchins was the fourth
Marine to have an Article 32 hearing. Marine Corps spokesman Lt. Col. Sean
Gibson said preliminary hearings for the other three Marines in the case had
been canceled and they would go straight to courts-martial. The squad entered Hamdania
on April 26 while searching for a known insurgent who had been captured three
times and released - a situation that angered Hutchins, Bacos testified. The group approached a house
where the insurgent was believed to be hiding. But when someone inside woke
up, the Marines instead went to another home and grabbed Awad, a former
policeman, according to the testimony. Bacos said the squad had intended
to get someone else if they did not capture the insurgent, then stage a
firefight to make it appear they had found an Iraqi planting a roadside bomb. Prosecutors said Awad had 11
children. In return for Bacos'
testimony, other counts of murder, kidnapping and conspiracy were dropped. He
was sentenced to a year in custody. After Monday's hearing,
Hutchins' civilian defense lawyer Rich Brannon questioned the testimony by
Bacos. "When you can walk away
from a murder case ... that's a pretty large inducement to say what they want
you to say," Brannon said. The hearing was part of an
Article 32 investigation, where a hearing officer determines if there is
probable cause to send a defendant to court-martial. It's the functional
equivalent of a civilian preliminary or grand jury hearing. Brannon said he fully
expected the case to be referred to court-martial. He said Hutchins was
anxious to have his side heard in court. "To my knowledge, at
this point in time, I don't think he did anything wrong," Brannon said. In a separate case, Hutchins
faces charges of assault on three Iraqi civilians in another incident near
Hamdania on April 10. The incidents were uncovered during the investigation
of Awad's death. © 2006 AP Wire and wire
service sources. All Rights Reserved. External link:
http://www.mercurynews.com/mld/mercurynews/news/special_packages/iraq/15771861.htm Article 32 hearing for
Hutchins ends for day with no decision San Diego Union-Tribune 10:59 a.m. October 16, 2006 San Diego – An Article 32
hearing for a U.S. Marine Corps squad leader accused, along with his men, of
kidnapping and murder in the April death of an Iraqi civilian concluded at
Camp Pendleton Monday without a decision being made on whether there are
grounds for him to stand trial. Sgt. Lawrence G. Hutchins
III allegedly led the men in the operation that resulted in the shooting
death of 52-year-old Hashim Ibrahim Awad near Hamdania, Iraq, on April 26.
Six Marines and a Navy corpsman are accused in the slaying. An Article 32 hearing is
equivalent to a preliminary or grand jury hearing in civilian court, where
evidence is presented to determine whether there is probable cause for a
trial. A military judge will decide
whether to proceed with a court-martial or administrative action. During Monday morning's
hearing, which lasted about 45 minutes, both sides presented written
evidence, but no witnesses were called. The judge is expected to make a
decision in about a week. Hutchins allegedly ordered
his men to Awad's home, suspecting him of being a terrorist and angry that
the man had been arrested and released three times. The man's family awakened as
the men approached and Hutchins allegedly signaled the men to go instead to a
neighbor's house, where Awad was dragged out, taken to a pre-dug hole, bound,
gagged and shot multiple times, according to testimony by the Navy corpsman. The men allegedly stole a
shovel and an AK-47 from an Iraqi home, then planted them near Awad's body to
make it appear that the victim was surprised while planting an improvised
roadside bomb. Hutchins also allegedly told
his men to say they had been in a firefight with Awad and killed him in
self-defense, according to testimony by Navy Hospitalman 3rd Class Melson
Bacos. Bacos, who is expected to
testify against his squad mates, pleaded guilty two weeks ago to kidnapping
and conspiracy in return for leniency. A murder charge against Bacos was
dropped, and he will spend no more than five months in the brig, according to
his attorney. On Friday, a military judge denied a request by Lance Cpl.
Jerry E. Shumate to be freed, ordering that he remain in custody until his
court-martial in February. Also charged in Awad's death
are Lance Cpl. Tyler Jackson, Cpl. Trent Thomas, Pfc. John Jodka, Lance Cpl.
Robert Pennington and Cpl. Marshall Magincalda. Jodka and Magincalda have
also been referred for courts-martial. Military officials said they
would not seek the death penalty against Jodka, Magincalda and Shumate, who
has also been charged with assault in a separate case. The accused were infantrymen
attached to Kilo Company, 3rd Battalion, 5th Marine Regiment. External link:
http://www.signonsandiego.com/news/military/20061016-1059-hutchins_marine.html |