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June 2nd, 2007 - Assault Charge Dropped for Hamdania Defendant

News article by North County Times

News article by Gainesville Times

Summary of the Hashim Al-Zobaie Killing

Assault Charge Dropped for Hamdania Defendant

 

By Teri Figueroa

North County Times

June 2, 2007 12:07 AM PDT

 

Camp Pendleton - Military prosecutors on Friday dropped assault charge they had levied against a Camp Pendleton corporal who is also charged with the kidnapping and slaying of a retired Iraqi policeman, a Marine Corps spokesman said.

 

Maj. Jeff Nyhart said the assault charge against Cpl. Trent Thomas was dropped because the alleged victim refused to cooperate with military prosecutors.

 

The decision to dismiss the assault charge - which was part of an unrelated case arising from the slaying investigation - came one day after a military judge told prosecutors to drop the charge or grant Thomas' defense team a visit to Iraq to interview the alleged victim.

 

Prosecutors say Thomas is one of eight Camp Pendleton troops assigned to the 3rd Battalion, 5th Marine Regiment who dragged a 52-year-old Iraqi man out of his home and shot him, then tried to stage 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 the man, Hashim Ibrahim Awad, on April 26, 2006. Court-martial for the St. Louis native is set to begin on July 9.

 

The assault charge stemmed from unrelated allegations that Thomas and some of his squad mates beat a different Iraqi man in Hamdania more than two weeks before Awad's slaying.

 

External link: http://www.nctimes.com/articles/2007/06/02/military/03_74_056_1_07.txt


Assault charges dropped against U.S. Marine sergeant

 

By Adam Clark

Gainesville Times

June 2, 2007

 

In what a Gainesville attorney called a "blow for justice," three charges of assault against Marine Sgt. Lawrence G. Hutchins III, were dropped Friday in a California military court.

 

Until Friday, Hutchins faced three charges of assault on Iraqi nationals, as well as accusations of murder, kidnapping and conspiracy stemming from an April 26, 2006 incident in Hamdania, a town between Baghdad and Fallujah.

 

Hutchins led the squad that, according to charging documents and press reports, took 52-year-old Hashim Ibrahim Awad from his home, shot him and put a stolen AK-47 and shovel beside him to make it appear he was planting a roadside bomb.

 

Hutchins' lead attorney, Gainesville-based Rich Brannon, has maintained his client's innocence and said that the stress of the Iraq war and possible ties between Awad and insurgents played a role.

 

While Hutchins still faces the murder charge, Brannon, said all three assault charges have been dropped.

 

"Those charges were all dismissed (Friday) afternoon," he said. "Today was a pretty good day for us."

 

However, Brannon - who spent 10 days in Iraq earlier this year gathering evidence and Friday filed a motion to return - believes the motives behind dropping the charges are suspect.

 

"I filed a motion to go back ... and now charges they were vehemently pursing are all of a sudden being dismissed," he said. "You've got to wonder why it is they don't want me to go back."

 

Brannon said he was ready to go, though he doubted he would be allowed to return.

 

With the trail date looming in July, Brannon is now preparing for another preliminary hearing on June 11 that he said is "one of the most critical, if not the most critical hearing in the entire case."

 

On June 11, he will ask the court to declassify certain records that he believes are crucial to Hutchins' case.

 

For now though, he views the dropped charges as a major step in the right direction.

 

"In my opinion this was a great blow for justice for these American Marines," he said. "I'm sick and tired of them charging our service men for killing the enemy."

 

External link: http://www.gainesvilletimes.com/news/stories/20070602/localnews/176955.shtml

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