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December 2nd, 2006 - Hutchins Arraignment Slated for Thursday

News article by the North County Times

Summary of the Hashim Al-Zobaie Killing

Hutchins Arraignment Slated for Thursday

 

By Mark Walker

North County Times

Saturday, December 2, 2006 11:16 PM PST

 

North County - He's at the center of one of the most notorious cases ever lodged against Camp Pendleton Marines, yet Sgt. Lawrence Hutchins III has yet to be heard from, having waived his right to make any statement during an October pretrial hearing.

 

While Hutchins said nothing that day, military prosecutors are armed with what they say is plenty of damaging evidence and incriminating statements against the 22-year-old Massachusetts native.

 

Hutchins, who remains in the Camp Pendleton brig where he has been held since being returned from Iraq in late May, is accused of being the man who drove a plot that led to what prosecutors say was the senselessly brutal kidnapping and killing of an Iraqi civilian in the early morning darkness on April 26 in the village of Hamdania.

 

On Thursday, Hutchins is scheduled to make only his second appearance in a Camp Pendleton courtroom since the prosecution charged him, along with the Marines he had led that night and their Navy corpsman.

 

At 9 a.m., an arraignment hearing for Hutchins will commence in which he will have his first opportunity under the military justice system to formally enter a plea to charges of murder, kidnapping, assault, larceny, housebreaking, conspiracy and making three false statements to investigators concerning the death of Hashim Ibrahim Awad.

 

Hutchins' troubles don't end with that slate of felony accusations. He also faces an assault charge for the alleged beating of three Iraqis on April 10 in the same village where Awad was seized from his home, bound, gagged and shot at least 16 times.

 

Whether Hutchins will make any kind of statement this week isn't clear. Under the military justice system, attorneys can enter a plea on his behalf and reserve a decision on whether the third-generation Marine will ask for a jury trial or a trial before a judge only.

 

‘A point which a prosecutor cannot go’

 

Hutchins' attorney, Rich Brannon, said that despite negotiated plea deals reached by four of the Marines under Hutchins' command, the full story of what happened in Hamdania has not been told.

 

There is evidence that has yet to emerge in the hearings that surrounded the plea deals, Brannon suggested. The Georgia-based attorney has said he wants to know what orders Hutchins had been given when he led his squad from the 2nd platoon of Kilo Company from Camp Pendleton's 3rd Battalion, 5th Marine Regiment on what was supposed to be an ambush patrol against insurgent activity.

 

Nonetheless, the chances of Hutchins pleading to a reduced offense, as four of the Marines have done, are considered remote, according to statements from Brannon and former Marine Corps attorney and military law expert Gary Solis.

 

"We intend to go to trial," Brannon said last week.

 

Solis, who teaches military law at Georgetown University in Washington, said Hutchins is the least likely to be able to negotiate a plea deal to a lesser offense.

 

"Given that four individuals have pleaded guilty and made statements pointing at him, he faces the strong possibility of conviction," Solis said in a telephone interview last week. "I would be very surprised if there was any deal in the case of the individual considered the primary actor."

 

The possibility that a plea deal could be reached cannot be fully dismissed, Solis said, but added that "there is a point which a prosecutor cannot go."

 

"There is no reason for the government to deal at this point," he said. "Let the chips fall where they may."

 

Spirit is strong

 

Hutchins' father, Larry Hutchins Sr., said last week during a telephone interview from his home in Plymouth, Mass.: "He seems to be in good spirits. Most of the time when I talk to him, he tells me a little about the case and then asks about family and how things are around here."

 

Two weeks ago, the Marine Corps let Hutchins out of the brig for a short time so that he could wed his longtime fiancee, Reyna, in a ceremony at a base chapel. The couple have a 2-year-old daughter, Kylie.

 

Like Brannon, Larry Hutchins Sr. has hinted that there is more to the story of who Awad was than military prosecutors have painted. During sentencing hearings for the men who have pleaded guilty, Awad has repeatedly been described as an innocent victim and the kind of person the Marines are in Iraq to help, according to one prosecutor.

 

Hutchins' father doesn't accept those descriptions.

 

The senior Hutchins recently told an Associated Press reporter who visited with him at his home that Awad was "no angel like they're trying to make him out to be."

 

He said: "This guy wasn't your innocent guy sitting at home having a cup of coffee. It's all going to come out. There's proof. I've seen it."

 

Last week, he reiterated those remarks and said the family's friends and neighbors believe in his son's innocence.

 

"Everybody stands behind him, family especially. They all know Larry and what he is truly like. The people who know Larry seem to think that this was war and bad things happen."

 

In the end, his father said, he expects his son to remain resolute.

 

"He is a strong man, otherwise he wouldn't have been the squad leader."

 

External link: http://www.nctimes.com/articles/2006/12/03/news/top_stories/21_55_2312_2_06.txt

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