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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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March 14th,
2007 - Hutchins’ Statement Ruled Admissible at Trial |
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Hutchins’ Statement Ruled Admissible
at Trial By Mark Walker North County Times March 14, 2007 7:24 PM PDT Camp Pendleton - A military
judge has ruled that a Marine sergeant's incriminating statement about the
killing of a retired Iraqi police officer last year can be used against him. In granting prosecutors
authority to introduce the statement from Sgt. Lawrence Hutchins III at his
impending trial for murder, kidnapping and related offenses, the judge turned
aside arguments from his attorneys, who earlier this month contended that the
statement was obtained illegally. "The military judge,
Lt. Col. Jeffrey Meeks, has ruled that Sgt. Hutchins' self-typed confession
is admissible at trial," Maj. Jeff Nyhart, a Camp Pendleton spokesman,
said Wednesday. Hutchins allegedly described
his role in the planning, abducting and shooting death of Hashim Ibrahim Awad
in the statement provided to agents from the Naval Criminal Investigative
Service in May. The agents were
investigating Hutchins and seven other enlisted men from a 3rd Battalion, 5th
Marine Regiment platoon who were eventually charged with the April 26
killing. In arguing to suppress the
seven-page, single-spaced statement that Hutchins wrote in Iraq when
confronted with Awad's killing, the defense contended it was written under
duress and after Hutchins had asked for an attorney but not been provided
one. As a result, they argued the
statement should be considered coerced, and anything in it that implicates
him should not be allowed into evidence at trial But Lt. Col. John Baker, the
lead prosecutor, contended during a hearing on the issue earlier this month
that the statement was made voluntarily and at Hutchins' request. Baker also said that
Hutchins' admission to agents that he fired three bullets into Awad's head as
the man struggled to breathe moments after being shot by the members of his
squad also was voluntary and should be allowed into evidence. Repeated efforts to reach
Hutchins' lead attorney, Rich Brannon, for comment on the ruling were
unsuccessful. Hutchins, who also is
charged with assaulting three Iraqis in an unrelated incident, faces life in
prison if a military jury convicts him of murder and he receives the maximum
sentence. Hutchins is due back in
court March 26 for more motions, including one to delay the start of his
trial, which is now scheduled to begin April 23. One of his appointed
military attorneys, Lt. Col. Joseph Smith, said Wednesday that the delay is
necessary for several reasons, including allowing a newly appointed defense
investigator time to research classified material. The judge has yet to rule on
a defense request for a second trip to the Iraqi village of Hamdania where
the killing took place. A trip in January did not provide enough time to talk
to possible witnesses, the attorneys contend, because security concerns
limited the visit to about 45 minutes. Five of the eight men
charged in the case have pleaded guilty to lesser offenses than murder and
received jail terms ranging from 12 months to eight years. The platoon's corpsman,
Melson Bacos, was the first to plead guilty and the first to admit to
authorities last year that Awad was kidnapped and killed. He was released
from the brig last week. Bacos and the others who
have pleaded guilty all allege that Hutchins, who was the platoon leader, led
the plot. Each also has said the killing was carried out in response to
insurgent attacks even though they had no knowledge of whether Awad had any
ties to those responsible for attacking U.S. troops. External link: http://www.nctimes.com/articles/2007/03/15/military/6_01_323_14_07.txt |