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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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October 17th, 2006 - Marine’s
Hearing Reveals Little |
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Marine’s Hearing Reveals Little Suspect in killing waives statement By Rick Rogers San Diego Union-Tribune October 17, 2006 Court watchers had high
hopes for yesterday's pretrial hearing for Sgt. Lawrence G. Hutchins III, the
Marine who allegedly masterminded the execution of an Iraqi civilian last
spring. They expected the hearing to
yield hints of a defense strategy or reveal key evidence from prosecutors.
But things didn't pan out that way as Hutchins' attorneys declined to call a
single witness, and the prosecutors followed suit. Both sides instead submitted
documents to Col. Paul Pugliese, the investigating officer in the case.
Pugliese will review the submissions before recommending whether Hutchins
should face court-martial and what the charges should be. The final decision on a
trial will rest with Lt. Gen. James Mattis, commander of the 1st Marine
Expeditionary Force headquartered at Camp Pendleton. Hutchins, 22, spoke little
during his hearing on the base. “I wish to waive my right ...
to make a statement,” he said after Pugliese gave him a chance to declare
something in his defense. Navy investigators and at
least one co-defendant have identified Hutchins as the ringleader in the
April 26 shooting death of Hashim Ibrahim Awad. Hutchins is among seven
Marines and one sailor charged with killing Awad after kidnapping him from
his home in Hamdaniya, a small town west of Baghdad. The suspects appeared united
in their proclamations of innocence until Oct. 6. On that day, Navy Petty
Officer 3rd Class Melson Bacos entered into a plea deal with prosecutors,
agreeing to testify against the Marines in exchange for a lighter sentence. Bacos said Hutchins, the
squad leader, came up with the idea of kidnapping and shooting a suspected
insurgent in Hamdaniya. If the troops couldn't find the insurgent, Bacos
recounted, they would target someone else. Richard Brannon, Hutchins'
civilian attorney, yesterday questioned the credibility of Bacos' version of
events. “If you can walk away from
the possibility of life in prison, that is a powerful inducement” to not tell
the truth,” he said. Brannon expects Hutchins to
undergo a long court-martial for no other reason than the intense public
interest in the case. Besides Hutchins and Bacos,
three of the suspects – Pfc. John J. Jodka III, Cpl. Marshall L. Magincalda
and Lance Cpl. Jerry E. Shumate Jr. – are awaiting trials scheduled for next
year. The remaining three
defendants had their pretrial hearings waived yesterday. The Marine Corps
agreed to skip the process for Lance Cpl. Tyler A. Jackson, Lance Cpl. Robert
B. Pennington and Cpl. Trent D. Thomas. Mattis will determine
whether the three should face court-martial unless they negotiate plea
agreements before then. Several defense lawyers said the waivers don't necessarily
mean that such deals are in the works. Victor Kelley, Thomas'
civilian attorney, insisted that his client would not follow Bacos' lead. “Cpl. Thomas will not plead
guilty,” Kelley said. “He is not going to testify against his brothers. I
don't know how much clearer I can be.” Pennington's civilian
attorney, David Brahms, said he sought the waiver to stem the torrent of
publicity surrounding the case. He expressed concern that potential jurors
could be tainted by continuing media coverage of the proceedings. “It's time to stop the
parade of testimony that has defined this case so far,” he said. Pennington's father, Terry,
said one reason for waiving the pretrial hearing is to reach court-martial
more quickly. Things have been tough for
his son and his family in the wake of Bacos' plea bargain and subsequent
testimony, the elder Pennington said. Bacos focused on Hutchins as the
alleged mastermind of the execution plot, but he also implicated the other
defendants. “What was said was not the
truth,” Pennington said. “We are looking forward to the time my son can stand
up and say, 'I did nothing wrong.' ” External link:
http://www.signonsandiego.com/news/military/20061017-9999-1m17hutchins.html |