Posted on 02/08/2007 11:52:15 AM PST by RedRover
CAMP PENDLETON ---- The attorney for a Marine corporal who pleaded guilty last month to murder in the 2006 shooting death of an Iraqi man now wants his client to withdraw that plea and proceed to trial.
Victor Kelley, the attorney for Cpl. Trent Thomas, told a military judge Thursday morning that he now believes that his client was "acting under the color of lawful authority."
The defense move came on what was to be the third day of a sentencing hearing for the 25-year-old St. Louis native, who pleaded guilty on Jan. 18 to murder, assault, kidnapping and related offenses in the death of Hashim Ibrahim Awad last April in Hamdania, Iraq.
Kelly told Lt. Col. Tracy Daly that Thomas wants to withdraw his guilty pleas, enter a plea of not guilty and proceed to trial.
Daly is expected to rule later this morning on whether he will accept the petition to withdraw the plea.
The lead prosecutor, Lt. Col. John Baker told Daly that he did not learn of the development until shortly before the session got under way and wanted time to review the request before making a formal response.
Kelley said that "matters brought to our attention" resulted in his move.
Daly said he needed to hear later this morning what facts the defense believes are inconsistent with Thomas' already entered pleas, what potential defense now exists if the case goes to trial and why the defense did not have possession of the facts before today.
Thomas reached a plea deal with Lt. Gen. James Mattis, the convening authority over the case, earlier this year.
The sentencing hearing was a precursor to the announcement of what that deal calls for and whether the judge would have proscribed a lesser jail term than what the plea agreement holds. Under the Uniform Code of Military Justice, if a judge's sentence is less than the negotiated deal a defendant gets the lesser punishment.
Military judges are unaware of the terms of the negotiated deal, which are not revealed until after they hand down a sentence.
Thomas was the fifth Camp Pendleton troop from the 3rd Battalion, 5th Marine Regiment to plead guilty in the Awad killing and could face up to life in prison.
During a break in the proceedings, Kelley said that the defense move is also rooted in what he termed a "mean spirited prosecution.
"Cpl. Thomas has always wanted to fight this," Kelley said. "I'm just doing what my client wants."
Daly told Kelley and Thomas' two Marine attorneys that he needs to hear from Thomas why he now believes that the acts he has said he carried out in Awad's killing were lawful in light of the statement he made on Jan. 18 that he knew as he participated in the slaying that it was against the law.
The court is in recess until 10 a.m.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
Good News & BTTT !!!!
If you weren't pinged, let jazusamo or me know if you want on the Haditha Marine Ping List (currently keeping a watchful eye on the Hamdania case as well).
Thanks for the BTTT, musicman! If the accused fight this charade, they can win.
I'm guessing this corporal believes his statements were pressured, and he believes that the signed statement wrongly represented what happened.
He was probably told that he had no recourse.
Dear Yeoman Rover,
I approve your leave chit to monitor the on going cases in CA.
I wish you could really be there!!!
Sounds like Cpl. Thomas got tired of being intimidated, good for him.
HOLYCOWPING? What is that, Red. :-)
For latecomers, here are recent threads regarding the 2nd Lt Nathan Phan, hearing:
FR Exclusive! Scorching memorandum obtained from the Lt. Nathan Phan hearing.
Attorney: Accused Camp Pendleton Marine didn't get fair hearing.
Attorney: Accused Marine lieutenant is really a 'hero' [Conclusion of Lt Phan hearing].
Witness for Marine lieutenant threatened with criminal charges.
Accused Marine's hearing resumes Friday [NCIS in the Hotseat in Hamdania-Related Hearing].
The illustrated saga: NCIS Exposed: Lies and No Video Tape .
NCIS investigative methods come under fire over prosecution of Marine lieutenant.
Send a submarine up the Hudson. I'm packed and ready to go!
Re: "HOLYCOWPING? What is that, Red. :-)"
It's kind of like a HOKY SMOKES ping, but without the smoke signals. :-)
LOL! Thanks, I figured there must be a reasonable explanation.
bttt
Now, let's fight!!!
Navy Medic Sentenced In Iraqi Murder Set For March Prison Release. Navy Corpsman Bacos will only serve 10 months on murder and kidnapping charge. Set to testify against Corporal Thomas
Marine in murder case seeks extra credit for time served. Story from Feb. 7th that Cpl. Thomas was set to plead guilty
And here's a story (not posted as a thread) in the North County Times just this morning: Bacos testifies for government against Marine corporal
CAMP PENDLETON -- He was the first to plead guilty in the slaying of an Iraqi civilian last year and was back on the witness stand Wednesday to testify for the government against a squad mate he calls his brother.
Despite being called as a prosecution witness, Navy Corpsman Melson Bacos testified that Cpl. Trent Thomas had always demonstrated courage and leadership and had protected him during two deployments in Iraq.
"He took care of me," Bacos testified on the second of a four-day sentencing hearing for Thomas. "He's a good friend of mine."
The hearing resumes at 8 a.m. today.
RedRover notes: Little did they know what awaited them! BWAHAHAHAHAH!
Thomas pleaded guilty Jan. 18 to murder, kidnapping and four other felonies in the shooting death of Hashim Ibrahim Awad on April 26 in Hamdania, Iraq. The only one of eight Camp Pendleton-based troops to plead guilty to murder in the incident, Thomas also has pleaded guilty to an aggravated assault charge stemming from the beating of an Iraqi civilian in the Iraqi village
The 25-year-old St. Louis native faces up to life in prison, but is expected to get a far shorter sentence as a result of a plea agreement.
Bacos pleaded guilty in October to three charges arising out of the homicide and was sentenced to 12 months in the brig. He is scheduled for release in the first or second week of March.
Bacos testified at length Wednesday about the corporal's actions in the killing of Awad. Thomas, Bacos said, was part of a "snatch team" that took Awad from his home and helped lead the retired Iraqi policeman to a killing site some 1,000 yards away.
During the march to that site, Thomas repeatedly pushed Awad along and helped bind the hands and feet of the 52-year-old father of 11.
Shortly after the squad from the 3rd Battalion, 5th Marine Regiment took up positions and fired numerous shots at Awad, Thomas fired three shots at close range into his chest, Bacos testified.
While outlining Thomas' role in the slaying, Bacos also testified that the plan that led to the killing was primarily designed and led by the squad's leader, Sgt. Lawrence Hutchins III.
At the same time that Thomas was firing three shots into Awad's chest, Hutchins fired several rounds into the man's head, Bacos said.
When the job was finished, Bacos said Hutchins told his men: "We just got away with murder, gents."
RedRover notes: Wonder which NCIS agent wrote that line?
Beside Bacos and Thomas, three other Marines from the squad have pleaded guilty in the case. Hutchins, whose attorneys maintain he is innocent, faces trial later this year along with two other corporals.
Prior to Bacos' testimony, a special agent from the Naval Criminal Investigative Service who led the investigation into what happened in Hamdania testified that Thomas was truthful except during the first time he interviewed the married father of a young daughter.
Special Agent James Connolly testified that two days after the killing, a flier written in Arabic distributed in Hamdania by an unknown source said that Awad had been killed while trying to plant a roadside bomb.
"If you're caught, you will get the same punishment," the flier read.
Connolly testified that he thought the "Marines who distributed it were arrogant," although he later acknowledged that he could not be certain of the source of the flier.
This morning, Thomas' attorney are expected to call the first of what they say will be 23 witnesses to testify in his defense.
The military judge presiding over the hearing, Lt. Col. Tracy Daly, also is expected to rule on several motions, including one that seeks four years credit for time served as a result of what Thomas' lawyers contend has been unnecessarily severe restraint conditions. Even though Thomas has been in the brig only since May, the attorneys contend the restrictive conditions merit a multiplication of the days he has served.
Several of Thomas' relatives attended Wednesday's session, including his wife, Erica, who said at the conclusion of the day that she and her husband are prepared for whatever sentence he will get.
"He's not angry and he has no animosity against anyone," she said. "He would re-enlist in the Marines if he could."
Yes, pray for them to WIN, and let's get up lots of prayers for this boy now. Good news.
Did you see this, Sleuthy??
It certainly is reassuring to know that the NCIS has investigators that testify as to what they think rather than what they have actually learned during their investigation. /extreme sarcasm
I definitely need to figure out how to add those to my pings!
I wonder why Cpl Thomas decided to revoke the plea and go to trial. In the original version of the article that you posted, there is reference to facts or evidence that changed Cpl Thomas's mind:
"Kelley said that "matters brought to our attention" resulted in his move.
Daly said he needed to hear later this morning what facts the defense believes are inconsistent with Thomas' already entered pleas, what potential defense now exists if the case goes to trial and why the defense did not have possession of the facts before today."
But now the article that is currently posted on North County Times has been modified from this original version. It explains his change of heart like this:
"Thomas' attorney Victor Kelley said the withdrawl his client's earlier guilty pleas was based on his belief now that he has a legitimate defense in arguing that the slaying was done at the direction of his immediate commander, Sgt. Lawrence Hutchins III."
Either way, it sounds like something external was brought to Cpl Thomas's attention to make him want to change his plea. Any ideas?
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