Posted on 06/17/2006 6:23:45 AM PDT by oxcart
CAMP PENDLETON ---- Seven Marines and a Navy corpsman in the brig for the alleged murder of an Iraqi civilian will no longer be forced to wear shackles when visiting with relatives, meeting with attorneys or using the exercise yard, base officials announced Friday.
Attorneys and family members of the troops had complained that there was no reason for the men to be shackled when leaving their cells, and one lawyer even called the practice "cruel and unusual punishment."
The unshackling came on the same day lawyers for two of the men said Pentagon investigators threatened the death penalty and used other coercive techniques to obtain statements from the troops.
Attorney Jane Siegel, who represents Encinitas Marine Pfc. John Jodka, 20, said Naval Criminal Investigative Service officials questioned Jodka for up to eight hours at a time and was not offered water or toilet breaks, Siegel said.
"They used some really heavy-handed tactics to extract the information," Siegel said, adding that her client was not read his rights prior to questioning and was threatened with the death penalty.
Jeremiah Sullivan III, the attorney representing the unidentified Navy medic, said his client was treated similarly.
Gary D. Solis, a former Marine Corps prosecutor and judge advocate who teaches law of war at Georgetown University Law Center, said investigators were within their rights to threaten a suspect with the death penalty since it is the maximum sentence for premeditated murder.
A public debate has been brewing over how the eight men, who have not been charged, have been treated in the brig. Family members complained that the men were being held in solitary confinement and were shackled when they left their cells for visits.
The base responded earlier this week be saying the men have been in single-person cells but have not been in solitary confinement.
On Friday, the men were reclassified from maximum- to medium-custody inmates after a review of their behavior by Marine Corps officials, according to a statement by 2nd Lt. Lawton King, a spokesman at Pendleton. Being in medium custody, the men no longer have to be shackled when outside their cells.
One of the men in custody notified his parents of the change Thursday evening, several attorneys and family members said.
"This is a very good thing," Siegel said. "I think the Marine Corps did it in response to the outcry from the public, media and defense attorneys."
But Maj. Jeff Nyhart at Pendleton said the change had nothing to do with the complaints from attorneys and family members.
The brig classification and assignment board reviews the confinement of the troops every 20 to 30 days, according to the Pendleton statement.
The eight members of the 3rd Battalion, 5th Marine Regiment's Kilo Company have been held in the brig since May 24. The men are under investigation for the alleged kidnapping and slaying of 52-year-old Hashim Ibrahim Awad al-Zobaie in the Iraqi town of Hamdania on April 26.
On Thursday, Pendleton officials released a statement that, "due to the preliminary findings of the ongoing investigation into the Hamdania incident, the decision was made that the eight service members in pretrial confinement be given the maximum level of restraint."
Before Friday's announcement, when the men visited with family members, they were separated by a thick pane of glass, but Nyhart said they now will be able to meet in a dining hall.
Parents can now hug the men, and one of the troops' mothers said Friday she was excited to see her son this weekend, the only time relatives are allowed to visit.
"When he called me last night, his spirits were lifted (because the shackles were no more)," said the mother, who didn't want her name to be published to protect the identity of her son. "It's a milestone for us as parents, but it is a small step (in the overall situation)."
Vista attorney Thomas Watt, a retired Marine lieutenant colonel, is representing the woman's son, said Thursday that the men should be held in medium custody.
"I think it was very restrictive on everybody, especially the parents' spirits and their sons' spirits," Watt said Friday. "And it was also restrictive on me effectively communicating with him."
The change will also allow the men to roam free in the recreation yard for an hour each day. Before, a guard holding onto their belt would have to escort them everywhere.
Attorneys said this will give the troops a chance to get exercise.
"Now they will get to run outside, play basketball and lift weights," Siegel said. "It's good to be able to run around a little bit, and you can't do push-ups in a cell forever."
The men are kept in individual cells furnished with a bed, mattress, toilet, sink, desk and storage locker.
I wonder exactly what the evidence is against these men.
This charge seems very odd to me.
Guilty until proven innocent?
No bail?I see these guys are only suspected of a crime.What about confinement to base?
I think Camp Pendleton got a call from the White House.
Ping!
Michael Savage has been ranting about this case for weeks. He is selling his car to help raise money for the defendants. Somebody must have been listening.
If Marines weren't so busy trying to stay alive, morale would be in the sh*tter over this.
What makes you think that?
I hope these Marines and Corpsman have his name on the witness list as well as that SOB Murtha.
Savage has been on this for weeks. Vanity has been on it for a couple of days, but took credit for single handedly getting these guys off shackles on yesterdays radio show!!!
Never talk to Criminal Investigators in the military without a lawyer. Ask for your lawyer early.
The other tricks to get you to confess are to say "A good Marine would tell us what happened.", "What is your commander and first sergeant going to say when we tell them your not cooperating." and there are other things they try to get you to talk.
Thank you, Michael Savage, for being outraged against this treatment and pursuing this story!!
These men are being protected from speaking to the liberal drive by media.<p.
Hannity has also been hitting this hard
Hannity hit the VP on this live. The VP affirmed they should be presumed innocent.
Shortly thereafter the Marines were unshackled.
Family members of the Marines called Hannity to thank him.
These Marines are political prisoners.
There is no bail under the military legal system. Suspects can be restricted to base or placed in the brig depending on the seriousness of the charges they are facing and the decision of the local commanders.
Ditto and hurray for everyone posting on this. Michele Malkin has been blogging on this topic. She is my current favorite after Free Republic.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.