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February 28th, 2007 - Lawyer Defending Marine Wants to Return to Hamdania

News article by the Associated Press

Summary of the Hashim Al-Zobaie Killing

Lawyer Defending Marine in Iraqi Man’s Death Wants to Return to Hamdania to Investigate

 

By Thomas Watkins

Associated Press

February 28, 2007

 

Camp Pendleton – The lawyer for a Marine squad leader accused of kidnapping and murdering an Iraqi civilian wants to return to Iraq to gather more evidence and interview possible witnesses.

 

Rich Brannon said he planned to ask a judge Wednesday for permission to return to the Middle East to further investigate the death of 52-year-old Hashim Ibrahim Awad.

 

Brannon's client, Sgt. Lawrence G. Hutchins III, was the leader of an eight-man squad who prosecutors say kidnapped and killed Awad after they were unable to find an Iraqi insurgent they suspected of planting bombs.

 

Brannon recently traveled with other attorneys to the town of Hamdania, on the outskirts of Fallujah, where Awad was killed last spring. But dangerous conditions undermined the effort, which the lawyers had hoped would produce evidence Awad had been a terrorist and the Marines were justified in their actions.

 

The attorneys have said they only got about 20 minutes on the ground.

 

Joseph Low, an attorney for Cpl. Marshall Magincalda, who faces murder and kidnapping charges, said the government also has classified information about Awad's past and he intends to file a motion to allow that evidence in court.

 

An investigator with the Naval Criminal Investigative Service, called in by the military after the killing last April, testified Tuesday at a hearing for Hutchins that the squad leader had denied killing Awad but fired three shots into his head to make sure he was dead.

 

“Hutchins said that he put three rounds in the guy's head,” Special Agent James Connolly testified. “I was kind of taken aback.”

 

Connolly said Hutchins volunteered the information as the two men walked to the scene of the shooting. At that time, Hutchins was not under suspicion and Connolly said he was looking for evidence to corroborate the Marine's account that the killing was lawful.

 

Marine Cpl. Trent D. Thomas, the squad's second in command, previously testified that Marines opened fire on Awad before Hutchins went to make sure he was dead. Thomas pleaded guilty to murder but withdrew the plea, saying Hutchins, of Plymouth, Mass., ordered him to take part.

 

Prosecutors called Connolly as a witness in response to a defense motion to keep Hutchins' statements out of his upcoming court-martial.

 

Four Marines and a Navy corpsman who pleaded guilty to reduced charges in the case have said Hutchins masterminded the killing, and several said he fired the fatal shots.

 

Squad members have testified that Awad was forced into a hole and shot, and that the squad then tried to cover it up by placing an AK-47 and shovel by his body to make it look like he was an insurgent planting a bomb.

 

Connolly said Marine higher-ups initially told him they thought the death had been a lawful killing, and that local Iraqis and family members who said Awad was dragged from his home were lying to get compensation.

 

Still, the Marines wanted a thorough investigation, Connolly testified. Highly publicized probes into a separate incident, where a different squad was suspected of killing up to 24 Iraqi civilians in the town of Haditha, made Marines concerned “the right things were done” in investigating Awad's killing, the agent said.

 

External link: http://www.signonsandiego.com/news/military/20070228-0606-marines-iraqshooting.html

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