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July 26th, 2007 - Marine who Pleaded Guilty to Conspiracy in Iraq Killing Released

News article by the Associated Press

News article by the San Diego Union-Tribune

News article by North County Times

Summary of the Hashim Al-Zobaie Killing

Marine who Pleaded Guilty to Conspiracy in Iraq Killing Released

 

The Associated Press

July 26, 2007

 

Camp Pendleton, Calif. - A Marine who pleaded guilty to reduced charges involving the killing of an Iraqi man has been released from the brig, his attorney said Thursday.

 

Pvt. John J. Jodka III was the first Marine from an eight-man squad to plead guilty in connection to the April 2006 killing in the Iraqi village of Hamdania.

 

Jodka was initially charged with murder and kidnapping but those charges were dropped in October when he pleaded guilty to assault and conspiracy to obstruct justice as part of a deal with prosecutors.

 

In return for an 18-month sentence, Jodka was required to testify against other members of the squad. He was demoted in rank from private first class.

 

Jodka, of Encinitas, was released Wednesday after receiving credit for time served before sentencing and for good behavior, attorney Joseph Casas said.

 

Jodka remains in the Marine Corps but Casas said he will likely be discharged soon. Because of the pretrial agreement, he will receive only a general discharge, and not a bad-conduct or dishonorable discharge.

 

In all, four Marines and a Navy corpsman made deals with prosecutors. Another Marine was acquitted of premeditated murder but convicted of other charges, and the courts-martial for the two other Marines are expected to end next week.

 

Prosecutors say the squad hatched a plan to kidnap and execute a suspected insurgent, but when they couldn't find that man they killed an innocent civilian instead.

 

External link: http://www.contracostatimes.com/bayandstate/ci_6470796


Marine says feds altered statements

 

By Rick Rogers

San Diego Union-Tribune

July 26, 2007

 

Camp Pendleton – A Marine who pleaded guilty to helping kidnap and kill a man in Hamdaniya, Iraq, said yesterday that investigators used heavy-handed tactics to falsely bolster their case against his unit commander.

 

Pvt. John Jodka of Encinitas said the Naval Criminal Investigative Service, or NCIS, added wrong information to statements he gave during interviews with the agency.

 

The allegedly false details pertained to Sgt. Lawrence Hutchins, who is undergoing court-martial at Camp Pendleton on charges that he oversaw the execution of Hashim Ibrahim Awad on April 26, 2006.

 

Eight servicemen have been accused of snatching Awad, taking him to a hole, binding his hands and feet, killing him with a barrage of bullets and trying to disguise the crime as a firefight between U.S. troops and an insurgent planting a roadside bomb.

 

Five of them, including Jodka, finalized pretrial agreements that gave them lighter sentences in exchange for testimony against the remaining defendants. Their prison terms range from one to eight years. Jodka finished his time in the Camp Pendleton brig yesterday.

 

The sixth defendant, Cpl. Trent Thomas, was discharged from the Marine Corps last week after being convicted of conspiracy and kidnapping but found not guilty of murder.

 

The courts-martial for Hutchins and Cpl. Marshall Magincalda are taking place in separate courtrooms on the base. If convicted of murder, both men would face a sentence of life in prison.

 

Yesterday, military judge Lt. Col. Jeffrey Meeks twice asked Jodka if NCIS agents used “heavy-handed tactics” to attribute statements to him that were inaccurate but helpful in the case against Hutchins.

 

“Yes, sir,” Jodka replied. In particular, he said agent Kyle Casey inserted information that “would look better in the statement.”

 

It was unclear how, or if, Jodka's testimony would affect Hutchins' trial. Marine Corps spokesmen referred questions to NCIS headquarters in Washington, D.C., but no one there was immediately available for comment.

 

Phone calls to Rich Brannon, the lead defense attorney for Hutchins, went unanswered.

 

Jodka took the witness stand during the first day of testimony in Hutchins' court-martial. Hutchins is charged with premeditated murder, assault, kidnapping, larceny, housebreaking and obstruction of justice.

 

Earlier in the day, Casey testified that after viewing the Hamdaniya crime scene, he told Hutchins that his unit's version of what happened did not square with the facts.

 

For one thing, Casey said, there was no blood splatter on the rifle that Awad allegedly carried.

 

Hutchins' court-martial will resume today and is expected to last into next week.

 

External link: http://www.signonsandiego.com/news/military/20070726-9999-1m26hutchins.html


Encinitas Marine released from brig

 

By Teri Figueroa

North County Times

July 26, 2007

 

Camp Pendleton - The Encinitas Marine who pleaded guilty to his role in a plot to kidnap and kill an Iraqi man was released from the brig Wednesday morning after serving most of his 18-month sentence.

 

Pvt. John Jodka's release after more than 14 months behind bars happened to fall on the same day that Jodka was called to testify against his squad leader, Sgt. Lawrence Hutchins, said by military prosecutors to be the alleged architect of the plot.

 

Jodka testified that government investigators pushed him to include falsehoods in parts of his statement about what happened.

 

Jodka was the youngest and least experienced of the eight Camp Pendleton troops accused of killing Hashim Ibrahim Awad in the rural Iraqi village of Hamdania on April 26, 2006, then staging the slaying scene to make it appear Awad was an insurgent planting a bomb.

 

Hutchins is on trial for charges including murder, kidnapping and conspiring with members of his squad in the plot. He faces life in prison if convicted of the most serious counts.

 

Under questioning from the judge overseeing Hutchins' case, Jodka said that agents with the Naval Criminal Investigative Service encouraged him to include lies in a statement he gave when he agreed to describe the details of the plot and what had happened to Awad.

 

"Did the NCIS, with their heavy-handed tactics, convince you to make that statement?" asked Lt. Col Jeffrey Meeks, the military judge.

 

"Yes, sir," responded Jodka, who pleaded guilty in exchange for testifying against his squad mates.

 

Meeks twice used the term "heavy-handed tactics" when referring to questioning by criminal investigators, and twice Jodka agreed that they had falsely shaped pieces of his statement.

 

Jodka said he adopted the falsehoods because the agents told him it might make his story "look better."

 

Among the falsehoods was a statement that there was division in the squad about going along with the slaying plot, Jodka said.

 

External link: http://www.nctimes.com/articles/2007/07/26/military/7_82_507_25_07.txt

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