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July 21st, 2007 - No Time in Prison for Marine Convicted of Kidnapping Iraqi

News article by the New York Times

Summary of the Hashim Al-Zobaie Killing

No Time in Prison for Marine Convicted of Kidnapping Iraqi

 

By Paul von Zielbauer

New York Times

July 21, 2007

 

A Marine infantryman convicted earlier this week of kidnapping and conspiracy to murder an Iraqi man was sentenced by a military jury yesterday to a demotion and bad-conduct discharge, but no prison time.

 

Cpl. Trent D. Thomas, a Marine infantryman, before his sentencing on Friday at Camp Pendleton.

 

The sentence for the infantryman, Cpl. Trent D. Thomas, was decided in less than an hour of deliberation at Camp Pendleton, Calif., by a jury composed mostly of fellow enlisted men.

 

Military law experts said Corporal Thomas’s sentence was an unusually lenient punishment for crimes as grave as those the same jury convicted him of committing.

 

All nine jury members - three officers and six enlisted men - had served in combat in Iraq.

 

That shared experience may have led them to view Corporal Thomas’s case more compassionately, said Gary D. Solis, a former Marine judge advocate who teaches the laws of war at the Georgetown University Law Center and the United States Military Academy at West Point.

 

“Sometimes, juries soften the harsh outlines of the law,” Mr. Solis said in an interview. “The jury clearly signaled in its findings its sympathy for the accused.”

 

Corporal Thomas, who is to be demoted to private, had already served more than 500 days in military confinement since being charged, along with six other marines and a Navy corpsman, in connection with the abduction and killing of Hashim Ibrahim Awad in Hamdaniya in April 2006.

 

In all, the jury found Corporal Thomas, of Madison, Ill., guilty on Wednesday of kidnapping and conspiracy to commit murder, larceny and housebreaking, and conspiracy to make false official statements. Military prosecutors had asked the jury to impose a 15-year prison sentence and a dishonorable discharge, the harshest form of expulsion for enlisted men.

 

During the court-martial, defense lawyers for Corporal Thomas argued that he had been following orders from his squad leader.

 

Victor Kelley, Corporal Thomas’s civilian lawyer, said he that was pleased with the sentence and that the jury members, including marines who had been wounded in Iraq, “respect Corporal Thomas because they’ve been there.”

 

External link: http://www.nytimes.com/2007/07/21/world/middleeast/21marine.html

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