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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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February 16th,
2007 - Marine Used Hand of Slain Iraqi to Slap Victim’s Face |
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Marine Used Hand of Slain
Iraqi to Slap Victim’s Face By Mark Walker North County Times February 16, 2007 6:59 AM PST Camp Pendleton - A Marine
lance corporal took the hand of an Iraqi man he had just helped kidnap last
year and used it to strike the face of the bullet-riddled victim, a
co-defendant in the homicide case testified Thursday. "He took his hand and
kind of played with it and made Mr. Awad hit himself," former Petty
Officer Melson Bacos said about his squad mate, Lance Cpl. Robert Pennington,
during testimony in a Camp Pendleton courtroom. "He said, 'Quit hitting
yourself.' " Bacos' testimony came as the
government presented evidence that will lead to its sentencing recommendation
when the court-martial ends for Pennington, a 22-year-old Seattle native who
pleaded guilty Tuesday to conspiring to kidnap and murder Hashim Ibrahim Awad. Bacos also testified that as
Pennington helped place Awad's body in a bag for removal from the killing
site in the village of Hamdania, Iraq, he made joking references to brain
matter and whether rigor mortis had set in on the body of the 52-year-old
victim. Bacos was the first of the
eight men from the base's 3rd Battalion, 5th Marine Regiment platoon charged
in the case to plead guilty. As part of his deal with prosecutors, Bacos is
required to testify for the prosecution in the remaining cases. Awad was taken from his home
in the early morning hours of April 26, marched to a hole that the squad had
prepared to make it appear he was an insurgent planting a roadside bomb and
shot to death. Platoon members who pleaded guilty for their roles in the case
have testified the killing was carried out in an attempt to send a message to
Hamdania residents about insurgent activity in the area. Bacos, who said he
considered Pennington a "brother in arms" and was uncomfortable
testifying against him, told the court that Pennington helped plan the April
26 slaying and did nothing to try to prevent it. Pennington also took a
bandage used to dress wounds and formed a makeshift cravat for use as a gag
and attempted to stuff it into Awad's mouth as the squad prepared to shoot
the Iraqi, Bacos testified. "He was laying on top
of him so he couldn't get up and shoving the cravat inside his mouth,"
Bacos said, adding that Awad was "fighting back and struggling when he
was getting gagged." At one point during the
gagging, Bacos said that Pennington exclaimed, "this (expletive) is
trying to bite me." As Bacos testified,
Pennington took notes and occasionally glanced at the Wisconsin native.
Pennington's parents, Deanna and Terry, and other family members also watched
Bacos intently as he testified. His mother, who has been very vocal in
protesting the prosecution of her son, took notes throughout the testimony. Also testifying for the
government was James Connolly, a Naval Criminal Investigative Service special
agent who interrogated platoon members in Iraq. Connolly testified about
having met with family members of Awad and learning that within a day or two
of the slaying, a flier had been handed out in Hamdania by members of the
platoon with a threatening message that if anyone was caught digging a hole
for a roadside bomb they, like Awad, would be killed. Pvt. John Jodka III, another
of the Marines who has pleaded guilty, testified briefly that the platoon was
responsible for distributing the flier. Prosecutors have repeatedly
said that Awad had no known ties to insurgents and no testimony tying to him
to attacks on U.S. forces has been heard in any of the cases. Pennington's lead attorney,
David Brahms, challenged Connolly's methods in preparing a sworn statement
attributed to his client. Connolly testified that he interviewed Pennington
while another agent took notes. He then prepared a written version of the
statement from his memory and her notes. The session was not recorded. Prosecution and defense
testimony is expected to end today or Saturday. Each side will then argue
what they believe is an appropriate sentence, after which the judge, Col.
Steven Folsom, will render a decision. The terms of Pennington's
plea agreement with the convening authority over the case, Lt. Gen. James
Mattis, won't be revealed until after the judge pronounces what he believes
is an appropriate sentence. Whichever sentence is lesser -- the one in the
plea agreement with the general or the one that Folsom orders - will be the
one that Pennington serves. His pleas were the result of
a negotiated deal with prosecutors that require the government to withdraw
murder, larceny and housebreaking charges if he follows its terms as he
serves out his sentence. Pennington joined the Marine Corps in October 2002
and served two tours of duty in Iraq. Facing trial later this year
are three remaining defendants: the squad leader, Sgt. Lawrence Hutchins III,
and Cpls. Trent Thomas and Marshall Magincalda. Thomas pleaded guilty to
murder and six other felonies on Jan. 18, but was allowed to withdraw those
pleas last week and proceed to trial. Each remaining defendant has pleaded
not guilty or had their attorneys express their innocence. External link: http://www.nctimes.com/articles/2007/02/16/military/1_00_992_14_07.txt |