The War Profiteers - War Crimes, Kidnappings, Torture and Big Money

 

May 17th, 2007 - Marines to use Web Maps in Iraq Murder Case

1st news article by North County Times

2nd news article by North County Times

Summary of the Hashim Al-Zobaie Killing

Marines to use Web Maps in Iraq Murder Case

 

By Teri Figueroa

North County Times

May 17, 2007 2:12 PM PDT

 

Camp Pendleton - Jurors in the upcoming trial of a Marine corporal accused of killing an Iraqi civilian will be allowed to view computerized aerial maps from the popular Google Earth program to help them see the geographic layout of the scene, a military judge ruled Wednesday.

 

"I believe these (images) may actually help the members understand what happened that night," Lt. Col. David M. Jones said.

 

Jones' ruling came during a hearing centered on pretrial issues for Cpl. Trent Thomas, one of eight Camp Pendleton troops accused in the April 26 slaying of Hashim Ibrahim Awad in the rural Iraqi village of Hamdania.

 

Taking the stand for about two hours Tuesday was one of Thomas' co-defendants, Pvt. Robert Pennington, who was demoted in rank from lance corporal as punishment for his guilty plea to his role in the Awad incident. Pennington is also serving an eight-year prison sentence.

 

Pennington described for the judge the computerized map he had created, at the behest of prosecutors, of the area in which the events took place on the night of Awad's slaying.

 

The map, created using Google Earth, an Internet-based mapping system that uses satellite images, includes the palm grove in which the kidnapping and murder plan was first hatched. It also included other key sites involved, such as Awad's home and the spot where he was killed, about a mile down the road.

 

The map includes the paths that Pennington said he and some of his co-defendants - including Thomas - took as they walked before and after snatching Awad from his home.

 

Prosecutors say Thomas, Pennington and six other Camp Pendleton troops assigned to the 3rd Battalion, 5th Marine Regiment plotted to drag Awad out of his home and shoot him, then staged the scene by framing him as an insurgent planting a bomb.

 

Thomas has pleaded not guilty to charges of premeditated murder, kidnapping, conspiracy and related offenses in the death of Awad. He also is charged with assault for the alleged beating of another Iraqi in Hamdania on April 10, 2006.

 

Five of the men from Thomas' squad reached plea agreements with prosecutors in the Awad incident, and were given jail terms ranging from 12 months to eight years.

 

Thomas' trial is set to begin on July 9. Two of his codefendants are also have trial dates set for this summer.

 

According to early testimony from Pennington and other co-defendants, the four highest-ranking of the eight men gathered in a palm grove, where they plotted to snatch another man by the name of Salem Gowad from his home and kill him. Gowad, according to testimony, was a suspected insurgent.

 

The men went to Gowad's home but could not find him, so they headed next door and snatched Awad, according to testimony. The rest of the plan - to march the man to an old roadside bomb crater and kill him, then stage the scene to make it appear they'd stumbled across him planting a bomb - remained the same.

 

In addition to Pennington, two more of Thomas' co-defendants - Pvt. John Jodka and Pvt. Jerry Shumate - are expected to testify today. It is unclear what specific issues they will be addressing when they take the stand today.

 

External link: http://www.nctimes.com/articles/2007/05/17/news/top_stories/1_01_321_16_07.txt


Judge rules psychiatrist can’t testify for accused Marine

 

By Teri Figueroa

North County Times

May 17, 2007 11:34 PM PDT

 

Camp Pendleton - A Marine corporal accused of killing an Iraqi civilian was suffering from a mental disorder brought on by combat trauma from his three tours in Iraq, a psychiatrist testified Thursday.

 

"I do believe he was experiencing post-traumatic stress disorder during that time," Navy Capt. Thomas Grieger said of Cpl. Trent Thomas during telephone testimony in a pretrial hearing for the corporal.

 

But Grieger won't be allowed to testify on Thomas' behalf, a military judge ruled after the doctor testified, because Grieger is already working as an expert for Cpl. Marshall Magincalda, one of the Thomas' co-defendants.

 

"I think there is a clear conflict of interest," Lt. Col. David Jones said.

 

The ruling came as a blow to Thomas, who is set to go to trial in less than two months for the slaying of Hashim Ibrahim Awad who, on April 26, 2006, was dragged from his home in the rural village of Hamdania and shot to death.

 

The 25-year-old St. Louis native has pleaded not guilty to charges of premeditated murder, kidnapping, conspiracy and related offenses in the death of Awad. He also is charged with assault for the alleged beating of another Iraqi in Hamdania on April 10, 2006.

 

Jones' ruling came during a daylong pretrial hearing for Thomas, one of eight Camp Pendleton troops accused in Awad's death. Five of the men have already pleaded guilty and have been sentenced for a role in Awad's death; the cases of Thomas, Magincalda and squad leader Sgt. Lawrence Hutchins are all separately set for trial this summer.

 

Three of the men who have admitted guilt took the stand Thursday as witnesses for the prosecution, which was a part of their plea agreements.

 

According to testimony in earlier proceedings surrounding the Hamdania case, Thomas, Hutchins, Magincalda and a fourth Marine gathered in a palm grove and hatched the plot for the squad of eight to snatch and kill a suspected insurgent named Saleh Gowad.

 

When they could not find Gowad, they grabbed Awad from a neighboring home.

 

The rest of the plan - to march their captive to an old roadside bomb crater and kill him, then stage the scene to make it appear they had stumbled across him planting a bomb - remained the same.

 

Pvt. John Jodka III, an Encinitas native, spoke of the immediate aftermath of the shooting, testifying that after most of the men in the squad shot at Awad, he heard additional gunfire.

 

Jodka said that, days later, Thomas told him that the gunfire came from both Thomas and Hutchins, who were doing a "dead check" - shooting Awad again, at close range, to make sure he was dead.

 

"Cpl. Thomas expressed to me that it was unfortunate that we did not get Saleh Gowad that night," Jodka said. "It was disappointing to us that we did not get him."

 

Also taking the stand for about two hours during the daylong hearing was one of Thomas' co-defendants, Pvt. Robert Pennington, who was demoted from lance corporal as part of his punishment for his guilty plea to his role in the Awad incident. Pennington is serving an eight-year prison sentence.

 

Pennington described for the judge the computerized aerial map he had marked up, at the behest of prosecutors, highlighting key locations, including the palm grove in which the kidnap and murder plan was first hatched, Awad's home and his slaying spot, about a mile or so down the road.

 

The map - from the popular Google Earth program - is marked with the paths that Pennington said he and some of his co-defendants - including Thomas - took as they walked before and after snatching Awad from his home.

 

Jones decided that jurors in Thomas' trial will be allowed to view the maps.

 

"I believe these (images) may actually help the members understand what happened that night," Jones said.

 

A number of issues still remain to be settled before Thomas' trial begins, not the least of which is his request that his defense attorneys be allowed to travel - with military escort - to Hamdania to view the scene and to interview alleged witnesses to the slaying and the separate assault case.

 

Thomas' defense team had a chance to go to the rural Iraqi village with military escort in January, along with attorneys representing two of Thomas' co-defendants. Thomas' team, however, turned down the military's offer, because their client was planning to plead guilty.

 

Thomas pleaded guilty shortly thereafter. But he has since withdrawn his guilty plea, and is asking for some of his defense team to be allowed to go to Iraq.

 

Jones heard arguments on the matter Thursday, but said he will not issuing his ruling for a few days.

 

External link: http://www.nctimes.com/articles/2007/05/18/news/top_stories/1_03_355_17_07.txt

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