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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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July 17th,
2007 - Jury Deciding Fate of Hamdania Defendant |
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Jury Deciding Fate of
Hamdania Defendant By Mark Walker North County Times July 17, 2007 9:18 PM PDT Camp Pendleton - Three
officers and six enlisted men are scheduled this morning to begin
deliberating the fate of a Marine corporal accused of playing a key role in
the kidnapping and slaying of a retired Iraqi policeman last year. Testimony in the case
against Cpl. Trent Thomas ended late Tuesday afternoon with the lead
prosecutor, Lt. Col. John Baker, saying Thomas should be convicted of
premeditated murder in the death of Hashim Ibrahim Awad in Hamdania. "The government has
proven over the course of the last week that Cpl. Trent D. Thomas is a
murderer," Baker told the panel members during his final argument.
"This was a plan to kidnap and kill somebody in cold blood." But Thomas' lead attorney,
Victor Kelley, contended that the government had failed to present sufficient
evidence to warrant a conviction. "There was no murder
that night," Kelley maintained. "There's no evidence that Cpl.
Thomas killed anybody that night." At issue for the jury is
whether Thomas should be convicted of the most serious charge of murder as
well as kidnapping, conspiracy, larceny, housebreaking and making a false
official statement. Thomas faces life in prison if convicted of premeditated
murder. Thomas, a 25-year-old St.
Louis-area native who was on his third tour of duty in Iraq when the killing
occurred, did not take the stand during the eight-day trial. Instead of hearing directly
from Thomas, the jury heard testimony from two doctors who testified he was
suffering from post-traumatic stress disorder and was not thinking clearly
when the incident occurred. Kelley maintained the
disorder led Thomas to follow whatever his leaders did. Thomas, six other Marines
and a Navy corpsman from Camp Pendleton's 3rd Battalion, 5th Marine Regiment
were charged in June 2006 with the killing. The corpsman and four
Marines subsequently reached plea agreements with prosecutors and were
sentenced to jail terms ranging from 12 months to eight years. Each testified
that the architect of the plan to kidnap and kill was Sgt. Lawrence Hutchins
III, the squad leader. Each also testified that the
squad agreed to find an Iraqi male and kill him as part of an effort to send
a message to insurgents operating in the Hamdania area. Thomas pleaded guilty
earlier this year only to withdraw the plea three days into his sentencing
hearing, saying he decided to do so because at the time of the incident, he
was following the orders of Hutchins, his platoon leader. During his closing
arguments, Baker said the slightly built Thomas led the "snatch"
team that took a sleeping Awad from his home and that he also helped steal an
AK-47 assault rifle and a shovel. Those items were planted next to the dead
man after he was shot to make it appear he was an insurgent planting a roadside
bomb, the men who have pleaded guilty testified. As Thomas' wife, Erica, and
other family members watched, Baker pointed directly at Thomas and said he
was the first man in the squad to fire at Awad and later approached the dying
man and shot him three more times in the chest. The slain Iraqi had never
presented a threat to the Marines, Baker stressed. "This is not a rule of
engagement case," he said. "This is not one of those gray
areas." Kelley said that Thomas is a
"wounded warrior" whose obedience to orders resulted in his
participation. But Kelley contended the prosecution never proved that the
slain man was in fact Awad, nor did it prove that he was an Iraqi. The jury
should acquit Thomas on that basis alone, Kelley said. He also implored the jury to
stand by the accused corporal. "When a Marine goes to
combat, what is his greatest fear? His greatest fear is that he is going to
let his brothers down. Please don't let this Marine down." The panel members were
directed by the military judge, Lt. Col. David Jones, to return to the base
courtroom at 8 a.m. to begin their deliberations. Under the military justice
system, two-thirds of the members need to agree in order to reach a verdict, unlike
the civilian court system that requires a unanimous decision. All the members
have at least one tour in Iraq and one has a Navy Cross award, the
second-highest medal a Marine can be awarded for valor in combat. The case against Hutchins is
scheduled to begin on Tuesday. The trial for the remaining defendant, Cpl.
Marshall Magincalda, is slated to start Friday. External link: http://www.nctimes.com/articles/2007/07/18/military/8_01_157_17_07.txt |