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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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November 18th,
2006 - Plea Deals Pile up for Accused Marines 1st
news article by the Associated Press |
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Plea Deals Pile up for Accused
Marines Linda Deutsch and Thomas Watkins Associated Press November 18, 2006 Camp Pendleton, Calif. - In
the beginning, there were eight. A squad of seven Marines and a Navy corpsman
charged with kidnapping and murdering an Iraqi man, a crime described by a
prosecutor as especially brutal. They faced military trials;
the death penalty was possible. And now there are four. In
the six months the men have been held at the Camp Pendleton brig, the profile
of the Hamdania cases has changed dramatically. The death penalty is off the
table and four of the defendants have struck plea bargains. Some observers of the
military justice system find the developments mystifying. Gary Solis, a former Marine
Corps prosecutor and judge who teaches law of war at Georgetown University
Law Center, said he was surprised by the number of plea agreements in this
case. "It's a wonderment to
me that it's happening in the military system," he said. The group was accused of
kidnapping 52-year-old Hashim Ibrahim Awad in the town of Hamdania, taking
him to a roadside hole, shooting him and then trying to cover up the
incident. According to court testimony, the troops planned to kidnap and kill
a known insurgent, and when they couldn't get to him, some members of the
squad went into Awad's home. "They killed a
52-year-old crippled man in cold blood," Lt. Col. John Baker, a
prosecutor, said during a recent hearing. "They killed a retired police
officer with 11 children and four grandchildren. Hashim Awad was a very forgiving
and gentle man. He was precisely the kind of man (the Marines were) sent to
help." Despite the prosecution's
argument that the Marine squad was a lawless gang intent on killing, Baker
and the military justice system agreed to plea deals resulting in minimal
sentences. Judges have listened to testimony and recommended sentences, only
to have them trumped by plea bargains. Defense lawyers have said their
clients did no wrong, and would be found not guilty at trial. Navy Petty Officer 3rd Class
Melson J. Bacos, sentenced to 10 years confinement, will serve only one year
because of a pretrial agreement. Pfc. John J. Jodka III, recommended for five
years confinement and a dishonorable discharge will serve only 18 months and
may get a non-punitive discharge under the plea agreement. Lance Cpl. Tyler Jackson,
was sentenced to nine years in prison but his pretrial agreement limits the
time he will serve to 21 months. His discharge also will be non-punitive. All
three men's sentences include credit for the six months they've already
served. Proceedings for another Marine who has made a deal are scheduled in
the coming week. David Glazier, a professor
at Loyola University Law School who teaches the law of war, said that with
such a large number of defendants, prosecutors may be weighing who may be
most at fault. "They may feel that two
or three were the ringleaders and others went along because of peer
pressure," he said. Solis suggested that another
pending case could be playing a role. The Marine Corps has been investigating
whether a squad deliberately killed as many as 24 Iraqi civilians in Haditha
last November, and whether efforts were made to cover up the incident.
Charges have not been filed - if they are, defendants would likely be
prosecuted at Camp Pendleton. That could strain the
military justice system, Solis said. "I think they're clearing
the decks for the Haditha cases," he said. But former Army prosecutor
Tom Umberg said he doubted that a lack of resources would be a reason to
accept pleas. "Something as high
profile as this, they can free up resources," said Umberg. "They
can activate reservists ... In a case like this, the Marine Corps would find
adequate resources to ensure adequate prosecution." Even as trials are scheduled
for the four defendants who have not yet made deals, further plea bargains
are still a possibility. But Solis said he is
confident there will be trials in the case. "A trial serves many
purposes and one is to achieve justice and exact punishment for criminal
misconduct," said Solis. "The accused are well represented. But who
speaks for the dead man? Who represents society? That's the purpose of the
trial." © 2006 AP Wire and wire
service sources. All Rights Reserved. External
link: http://www.contracostatimes.com/mld/cctimes/news/nation/16047219.htm A look at a Marine Corps
squad accused in killing of Iraqi man Associated Press November 18, 2006 Seven Marines and a Navy
corpsman in Kilo Company, 3rd Battalion, 5th Regiment of the 1st Marine
Division were detained in May, accused of kidnapping and killing an Iraqi man
in the rural town of Hamdania. This is a look at each of their cases: - Navy corpsman Petty
Officer 3rd Class Melson J. Bacos of Franklin, Wis., pleaded guilty to
kidnapping, and conspiracy to kidnap and to make false official statements.
He was sentenced to 10 years confinement, reduction in rank, forfeiture of
all pay and allowances, and dishonorable discharge, but under a plea deal
will serve 12 months in prison. Murder, kidnapping and other charges were
dismissed. - Pfc. John J. Jodka III, of
Encinitas, Calif., pleaded guilty to aggravated assault and conspiracy to
obstruct justice. He was sentenced to five years confinement, reduction in
rank, forfeiture of all pay and allowances, and dishonorable discharge. A plea
deal limits his sentence to 18 months. Murder, kidnapping and other charges
were dismissed. - Lance Cpl. Tyler A.
Jackson, of Tracy, Calif., pleaded guilty to aggravated assault and
conspiracy to obstruct justice. He was sentenced to nine years confinement,
reduction in rank, forfeiture of all pay and allowances, and dishonorable
discharge. The plea deal limits his sentence to 21 months confinement.
Murder, kidnapping and other charges were dismissed. - Lance Cpl. Jerry E.
Shumate Jr., of Matlock, Wash., was scheduled to plead guilty Nov. 21 to
aggravated assault and conspiracy to obstruct justice. Murder, kidnapping and
other charges are expected to be dismissed. - Lance Cpl. Robert B.
Pennington, of Mukilteo, Wash., was scheduled to be arraigned Nov. 20 on
charges of murder, conspiracy, housebreaking, larceny and kidnapping. No
trial date set. - Cpl. Trent D. Thomas, of
Madison, Ill., pleaded not guilty to charges of kidnap, murder, conspiracy,
making a false official statement, larceny and housebreaking. A trial was set
for March. - Cpl. Marshall L.
Magincalda, of Manteca, Calif., pleaded not guilty to charges of murder,
kidnapping, conspiracy, housebreaking, larceny and making a false official
statement. A trial was set for February. - Sgt. Lawrence G. Hutchins
III, of Plymouth, Mass., faces trial on charges of murder, conspiracy,
assault, housebreaking, larceny, kidnapping, obstruction of justice and three
specifications of making false official statements. He also is charged with
assault in a separate incident involving different Iraqi citizens. He has not
been arraigned and no trial was set. External link:
http://www.sanluisobispo.com/mld/sanluisobispo/16047267.htm |