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July 16th, 2007 - Expert: Marine Charged in Iraqi’s Death May Have Brain Injury

News article by the Associated Press

Summary of the Hashim Al-Zobaie Killing

Expert: Marine Charged in Iraqi’s Death May Have Brain Injury

 

By Allison Hoffman

Associated Press

July 16, 2007

 

Camp Pendleton – Repeated exposure to bomb blasts may have impaired the judgment a Marine corporal charged with kidnapping and murdering an Iraqi civilian, an expert in war-related brain injuries told a military judge Monday.

 

Attorneys for Cpl. Trent D. Thomas hope to show that the Marine was suffering from traumatic brain injury that impeded his ability to say no when his squad leader ordered him to snatch Hashim Ibrahim Awad from his home in Anbar province.

 

Thomas, who was on his third combat tour in Iraq, had been exposed to more than 25 bomb blasts, said Maria Mouratidis, head of the traumatic stress and brain injury program at the National Naval Medical Center in Bethesda, Md.

 

Shock waves from such explosions can shred neurons in the brain, causing damage that may lead to difficulty making decisions, processing information quickly, and overriding impulsive responses, especially in high-pressured environments, Mouratidis said.

 

“Corporal Thomas would have difficulty with decision-making, problem-solving and especially with coming up with different solutions in a high-pressure atmosphere,” Mouratidis said. “The evidence suggests that he would be very susceptible to influence and have difficulty seeing other options.”

 

Thomas, a 25-year-old infantryman, is in the second week of a court-martial that would result in a mandatory life sentence if he is convicted of murder.

 

According to prosecutors, Thomas and seven other men on a nighttime patrol in the village of Hamdania hatched a plan to kidnap a suspected insurgent from his home and kill him. When they couldn't find the intended victim, Thomas, the senior corporal in the squad and a fireteam leader, led a four-man snatch team to take Awad, a retired police officer, instead.

 

Thomas, a St. Louis-area native, is charged with murder, kidnapping, conspiracy, making a false official statement, larceny and housebreaking.

 

He pleaded guilty in January as part of a pretrial agreement. But on the eve of his sentencing, having already given details of his involvement in the killing, he withdrew his plea.

 

Thomas' attorneys said at the time that their client had an “epiphany” before he changed his plea to not guilty. Thomas claimed he had been following what he perceived to be a lawful order.

 

Mouratidis and an expert on post-traumatic stress disorder spoke at a hearing before Judge Lt. Col. David Jones, who will rule on a defense request to have them testify before the jury of three officers and six enlisted Marines.

 

Mouratidis told the judge her testimony was based on a review of Thomas' medical records.

 

Military prosecutors objected to the expert testimony about Thomas' mental state, arguing that Thomas should be ordered to testify himself. Jones said he would not require Thomas to testify.

 

Thomas' court-martial is the first trial among seven Marines and a Navy corpsman charged in Awad's death. Four Marines and the sailor have already pleaded guilty to reduced charges and sentenced to between one and eight years in the brig.

 

Those troops testified that several squad members took Awad to a ditch then shot him to death. In an attempt to cover up the killing, they said they placed a shovel and AK-47 by his body to make it look like he was an insurgent who was digging a hole to plant a bomb.

 

The men who pleaded guilty have pointed to the squad leader, Sgt. Lawrence Hutchins III, as the mastermind. Hutchins' court-martial is expected to start later this month.

 

Charges against the Marine squad came as another Camp Pendleton unit was under investigation in the killing of 24 civilians in Haditha. Three Marines have been charged with murder in that case and four officers charged with failing to investigate those deaths.

 

External link: http://www.signonsandiego.com/news/military/20070716-1349-ca-marines-iraqshooting.html

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