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March 7th, 2007 - First Serviceman Convicted in Hamdaniya Killing to Leave Prison

News article by the San Diego Union-Tribune

News article by the Associated Press

Summary of the Hashim Al-Zobaie Killing

First Serviceman Convicted in Hamdaniya Killing to Leave Prison

 

By Rick Rogers

San Diego Union-Tribune

March 7, 2007

 

The first defendant to plead guilty to his role in last year's kidnapping and murder of a man in Hamdaniya, Iraq, is scheduled to leave prison Thursday.

 

Navy Hospitalman Melson J. Bacos is one of eight Camp Pendleton servicemen accused of carrying out a plot that led to the April 26 death of Hashim Ibrahim Awad. As part of a plea agreement in October, he was sentenced to less than a year in the brig and required to testify against his co-defendants.

 

He is getting credit for good behavior and time served since May, when the military began investigating the Hamdaniya incident. Bacos, 21, is expected to resume his duties as a corpsman upon his release from the brig at Miramar Marine Corps Air Station.

 

“Melson Bacos is looking forward to spending time with his wife and baby daughter,” said Lt. Col. Scott B. Jack, one of Bacos' attorneys.

 

Four other Hamdaniya defendants have signed plea agreements with the Marine Corps, resulting in prison sentences of up to 8 years. They and Bacos testified that members of the Kilo Company, 3rd Battalion, 5th Marine Regiment decided to snatch Saleh Gowad, a suspected insurgent, and kill him to instill fear among their enemies.

 

When the unit couldn't kidnap Gowad, it settled for his neighbor Awad, a grandfather and retired policeman whom U.S. military officials have described as having no known ties to insurgents.

 

The servicemen took Awad to a roadside hole, bound and gagged him, then shot him to death, Bacos and several other defendants said. They also acknowledged trying to disguise the crime as a firefight that Awad started when he was discovered planting a roadside bomb.

 

Prosecutors, Bacos and other defendants have said Sgt. Lawrence G. Hutchins III masterminded the abduction and execution plot. Hutchins is awaiting trial, as are corporals Trent D. Thomas and Marshall L. Magincalda.

 

On Tuesday, a military judge ruled that prosecutors can use alleged confessions made by Thomas as evidence during future court proceedings. Thomas made the self-incriminating statements during interrogation in Iraq shortly after Awad's death, said agents for the Naval Criminal Investigative Service.

 

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

 

External link: http://www.signonsandiego.com/news/military/20070307-1229-bn07hamda.html


Metro East Marine loses Iraq murder ruling

 

Associated Press

March 7, 2007

 

Camp Pendleton, Calif. - A military judge has ruled that statements made by a Marine corporal charged with kidnapping and murdering an Iraqi man can be used at trial, the Marine Corps said Tuesday.

 

Cpl. Trent D. Thomas, 25, of Madison, Ill., was part of a squad of seven Marines and a Navy corpsman charged last year with the killing of Hashim Ibrahim Awad in the Iraqi town of Hamdania. Prosecutors say Awad was killed after the squad was unable to find an insurgent suspected of planting bombs.

 

Five of the squad members have since pleaded guilty to reduced charges after reaching deals with prosecutors.

 

Thomas originally pleaded guilty to murder and other charges but later withdrew the pleas before sentencing, saying he believed he had been following a lawful order.

 

At Thomas' arraignment last week, his lawyers said statements he had given to investigators after the killing should be barred from court. But a military judge has ruled that the statements are admissible, said a Camp Pendleton spokesman, Maj. Jeff Nyhart.

 

The military judge also denied Thomas' request for a new pretrial hearing, known as an Article 32.

 

In withdrawing his guilty plea, Thomas blamed the squad's leader, Sgt. Lawrence G. Hutchins III. Thomas said his sergeant had ordered the squad to carry out the killing.

 

Hutchins' attorney has said his client is innocent until proven guilty.

 

Thomas' court-martial has been tentatively set for June. He could face life in prison.

 

External link: http://tinyurl.com/ywysm4

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