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March 2nd, 2007 - Marine Faces Murder Charges Again

News article by the Associated Press

News article by the San Diego Union-Tribune

Summary of the Hashim Al-Zobaie Killing

Marine Faces Murder Charges Again

After withdrawing guilty plea in killing of Iraqi, prosecutors refile

 

By Thomas Watkins

Associated Press

March 2, 2007

 

Camp Pendleton - A Marine was arraigned a second time Thursday on charges of kidnapping and murdering an Iraqi civilian after he withdrew a guilty plea last month that had been part of a pretrial agreement.

 

Cpl. Trent Thomas, 25, was in a squad of seven Marines and a Navy corpsman accused last year of killing an Iraqi after they were unable to find an insurgent suspected of planting bombs.

 

He was the first to plead guilty to murder, followed by five others who made pretrial agreements and pleaded guilty to lesser charges.

 

Squad members have testified that Hashim Ibrahim Awad was forced into a hole and shot, and that the squad placed an AK-47 and shovel by his body to make it look as if he were an insurgent planting a bomb.

 

Even though Thomas gave a detailed account of the killing and said that he fired several rounds at Awad in Hamdania, he told a military judge he was not guilty because he had followed what he believed to be a lawful order.

 

The corporal blamed the attack on the squad's leader, Sgt. Lawrence Hutchins. Thomas said his sergeant ordered the squad to carry out the killing, and Thomas thought he was acting under the "color of law."

 

"I believe I had justification," Thomas said at the time.

 

Hutchins, of Plymouth, Mass., is awaiting trial on murder and other charges.

 

Prosecutors refiled charges against Thomas that now include premeditation, an element that had been removed as part of Thomas's pretrial agreement.

 

Thomas, the squad's second in command from Madison, Ill., did not enter a plea at the arraignment. He could face life in prison.

 

The five others who made deals were sentenced to between one and eight years in prison.

 

External link: http://www.contracostatimes.com/mld/cctimes/news/nation/16817762.htm


Marine says he feared sergeant

Serviceman pulled plea in Iraqi's death

 

By Bruce Lieberman

San Diego Union-Tribune

March 2, 2007

 

Camp Pendleton – Marine Cpl. Trent D. Thomas told an investigator in May that he would confess to helping kidnap and kill an Iraqi man if military officials protected him from the alleged mastermind of the crime, the investigator testified yesterday.

 

“He said he would tell us what really happened that night, but that we had to protect him from Sgt. (Lawrence) Hutchins, because Sgt. Hutchins was a nut,” said Stanley L. Garland, a special agent with the Naval Criminal Investigative Service.

 

Thomas is one of eight Camp Pendleton servicemen accused of abducting Hashim Ibrahim Awad in the town of Hamdaniya, executing him April 26 and then lying that Awad started a firefight against them after being discovered planting a roadside bomb.

 

Five defendants have pleaded guilty to various charges as part of their plea agreements and were given sentences of less than a year to eight years in prison. All of them have identified Hutchins, who is awaiting trial, as the ringleader behind Awad's death.

 

Besides Thomas, Navy Hospital Corpsman Melson J. Bacos also sought protection from Hutchins in exchange for a confession, Garland said. He added that no deal was struck for either defendant.

 

Garland's testimony provided the latest twist in Thomas' unusual case.

 

In January, Thomas pleaded guilty to unpremeditated murder and other charges as part of his plea agreement. But during his sentencing hearing last month, Thomas stunned the judge by withdrawing his guilty plea.

 

The reversal led to yesterday's arraignment on mostly the same charges, except for a more serious count of premeditated murder. Thomas reserved his right to enter a plea later.

 

Defense attorneys asked the court to allow Thomas to backtrack in the judicial process and undergo a pretrial session known as an Article 32 hearing. Thomas had waived his right to such a hearing months ago, but his attorneys said so much has changed in the case since then.

 

An Article 32 hearing, akin to a grand-jury proceeding, is used to help the Marine Corps determine whether a suspect should go to trial. The session would allow defense lawyers to introduce recently acquired evidence such as the testimony of Thomas' fellow defendants.

 

It also would permit them to cross-examine defendants who have pleaded guilty in the case, to “look for motives of bias,” said Maj. Dale Saran, an attorney for Thomas.

 

Yesterday, the defense team also sought to suppress self-incriminating statements Thomas gave to investigators. In those statements, he described what happened on the night of Awad's death.

 

Thomas gave the confession to Garland and several other investigators during a May 16 interrogation in Iraq.

 

“He admitted to being part of a snatch team and conspiracy to kidnap and kill” Awad, said James Connolly, who helped question Thomas.

 

A military judge is expected to rule on both defense motions in a few days.

 

External link: http://www.signonsandiego.com/news/military/20070302-9999-1mi2thomas.html

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