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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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August 31st, 2006 - Alleged
Confessions May Be Central to Case in Iraqi's Slaying |
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Alleged Confessions May Be Central
to Case in Iraqi's Slaying Associated Press August 31, 2006 Camp Pendelton, Calif. -
Alleged confessions appear to form the crux of the government's case against
seven Marines and a Navy corpsman charged with murder, kidnapping and other
crimes in an Iraqi man's slaying last April. Defense attorneys challenge
the validity of the statements and say without them, the government's case is
baseless. Details about the
prosecution's case emerged Wednesday during preliminary hearings for two of
eight men accused in the shooting death of 52-year-old Hashim Ibrahim Awad in
the village of Hamdania. Also, in a suprise
development, prosecutors said they would not seek the death penalty for one
of the accused men, Marine Pfc. John J. Jodka III. At Marine Cpl. Marshall L.
Magincalda's hearing, prosecutors submitted a thick packet of evidence and
pointed to three documents they say show enough probable cause for his
charges to be recommended for court martial. Prosecutor Capt. Nicholas L.
Gannon claimed the evidence included a confession by squad leader Sgt.
Lawrence G. Hutchins and a confessional video by Cpl. Trent D. Thomas. What exactly they allegedly
confessed to was unclear; prosecutors did not elaborate. "Those three pieces of
evidence should satisfy the investigation in its current form," Gannon
said. Magincalda's attorney, Joseph
Low, said he would contest the statements. Other defense lawyers have
previously said they will try to suppress any alleged confessions if the case
goes to trial. They contend investigators used heavy-handed and coercive
techniques to obtain them. The so-called Article 32
hearings convened for Jodka, 20, and Magincalda, 23, are similar to
preliminary or grand jury hearings in civilian courts. Under military code,
the hearings determine whether the defendants face courts martial. According to prosecutors,
the Marines and Navy Corpsman 3rd Class Melson J. Bacos, of Franklin, Wis.,
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 held in the Camp
Pendleton brig since May. At Jodka's hearing, the
defense argued vehemently to keep secret "inflammatory" statements
made by the private and other Marines, saying they would prejudice any
potential jurors in the event of a trial. Joseph Casas, an attorney
for Jodka, said the statements were the only evidence the government had. "Take the statements
out of the picture and I submit to you the government has nothing,"
Casas said. It was unclear how
prosecutors' position on the death penalty in Jodka's case would affect other
defendants. Laurie Levenson, a law
school professor at Loyola University, said the prosecution's decision not to
seek capital punishment was an unusual move possibly aimed at reducing public
scrutiny of their case. "This builds the
credibility of the prosecutor," Levenson said. "They will still
need to meet their burden (of proof), but I don't think their burden will be
as high." The military has not
executed anyone since 1961, when a soldier was hanged for rape and attempted
murder, she said. Gary D. Solis, a former
Marine Corps prosecutor and judge advocate who teaches law of war at
Georgetown University Law Center, called the move "very weird" and
possibly a "tactical error" by the prosecutor. "The prosecution has
nothing to do with it," Solis said of capital referrals. The other defendants, all
members of the Camp Pendleton-based 3rd Battalion, 5th Marine Regiment, are
expected to have separate hearings in coming weeks. The charges include
kidnapping, murder and conspiracy. External link:
http://www.gmtoday.com/news/special_reports/iraq/national_2/topstory021.asp |