Posted on 02/16/2007 5:33:36 AM PST by RedRover
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.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
Well, all that concern evaporated when Petty Officer Melson Bacos took a plea deal.
But what did anyone expect at least one of the eight caged and shackled serviceman would do? Wasn't it clear that there was a POINT to the chains and the slow torture of caged for weeks on end?
Bacos agreed to follow the prosecution's script. In exchange, he received 10 months in the brig and a general discharge. He'll have to live with it.
In the Hamdania case thus far: exculpatory evidence has been destroyed, investigators have falsified statements, the accused have been abused and coerced into plea deals.
Personally, I don't know whether Bascos is telling the truth or not, or whether Pennington is innocent or not. But it's clear that our Marines are facing show trials where confessions and deals are their only way out.
And that ought to be a bigger scandal than handcuffs and leg irons.
ping
If you weren't pinged, let jazusamo or me know if you want on the Hamdania Marine Ping List.
It's not like Bacos made the poor man put panties on his head.
But it's clear that our Marines are facing show trials.
Marines,Border Guards, everybody but terrorists and drug dealers.We have met the enemy, and they are the bureaucrats in charge of our government !!!
Bacony bacos makes every bite better.
Sounds like some of these troops were scumbags. Just because someone fights for our country doesn't mean that they can't be a psychopath. There are likely serial killers in the military just like there are in society at large. They should all be treated the same.
Even if the testimony is true, I see no crime.
We train them to kill.
We send them to war.
They experience war where any civilian at anytime could be the enemy.
We expect them to act like Mr Rogers? BS!
War is war.
Oh, for heaven's sake! These statements are getting ridiculous. What's next?
That is obviously a true statement.
American soldiers, while defending the country, are not infallible superheroes. They are about the same as any other human creature. There are some 130,000 troops in Iraq. Based on the American population in general (as if 130,000 random Americans were gathered up and their behavior observed), at least a few would probably be jerks.
"Just because someone fights for our country doesn't mean that they can't be a psychopath."
True, but there are good psychopaths and bad ones.
"There are likely serial killers in the military just like there are in society at large."
Since the military is representative of the population at larged that could also be true. However the military is certainly above average in many many areas. The behavior of a serial killer would be hard to miss. Your attempts to paint the military with a broad negative brush are interesting though.
"They should all be treated the same."
Yeah, Al Queda and the Marines, they are the same, sure... anything else negative you want to say about the troops?
Ideally, it would be good if every single troop (and every single American) was polite 24/7. Obviously in this world, that is probably not going to happen--especially in a war situation. Kidnapping and murder are not the same as disrespect. This slapping a corpse with his hand is just the dressing on top of a great, rotting thing (if that makes any sense).
"War is war."
No war is a surgical instrument where only the non-PC ugly people are killed and only when its politically expedient for the liberals.
not sure if I'm being sarcastic or realistic.
"When some troops do something such as murder (at least hypothetically), they should be called on it. "
I don't believe the military should be used for a police force. The military should be used to kill and destroy. Expecting people to kill and destroy one minute and then be a cop the next minute will only result in problems.
The ways the guys were treated defies the laws you are trying to hold them to. They were forced to plead guilty.
His comment did not seem to use a "broad brush" (opinion). He used some to qualify his statement.
Just exactly why was he hitting himself?
The freepers here are wanting these Marines and the Haditha Marines to get a fair trial.
I don't know what you're saying. How will we know if a crime occurred without a fair judicial process?
If a servicemen are charged of a crime, should we presume they are guilty--regardless of how much evidence suggests they are being railroaded?
And you know what, verity? I won't be any wiser at the end of this fiasco. The conduct of the investigators and prosecutors in this case ensures that no one will ever know if the truth was discovered.
I have an idea. How about having one of the Marines take a leak on a body!
No, wait. They already used that with Dela Cruz.
I expect this will become part of the anti-war’s litany of “atrocities” in Iraq.
This has become as confusing as the circumstances in the trial of the 2 border agents.
I'm having a hard time buying anything Bacos says at this point. This is what you call piling on, putting the nail in the coffin, and closing the deal. It's over the top. Let's just pretend this actually did occur. What kind of "brother in arms" would put this on the record? Why is the prosecution going to this level?
It seems to be working. What's next?
I'm wondering if this is a reason why Thomas withdrew his guilty plea. Maybe he couldn't stomach Bacos' testimony knowing he, too, would be asked to pile on with some juicy statements. I would hate to be the three guys left standing to take the rap in this case.
Agreed.
Well, the prosecution has neatly tied up the loose ends on the fliers in Pennington's hearing.
From Cpl Thomas's hearing, North County Times http://www.nctimes.com/articles/2007/02/08/news/top_stories/1_03_482_7_07.txt
....."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. "......
And now in Pennington's hearing, the prosecution is certain of the source of the flier because Jodka admits to its distribution (from the article, above):
......."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. " ....
Nice and neat. Why didn't Jodka testify to this in Thomas's hearing? Where is this flier? I can't remember the investigation timeline exactly - somewhere between May 1 and May 9. I'm assuming there would be at least one copy of this flier found. I expect this little loose end with the flier to be tied up in a bow by the next hearing.
In Hamdania, the testimony is coming from accused.
In Haditha, a number of Marines ended up not being charged--despite the fact that they were present and took part in the action.
Does that tell you anything about the prosecution's strategy?
Can you imagine the media uproar? Oh, the unfair prosecution! The falsified statements! The brutal treatment!
Otherwise, the media won't even give this a glance. And only you, flight, and maybe five or six other people even care to know what's going on.
gov't called connolly today - he's a total [*!#*!] idiot and would not be qualified to be a dog catcher let alone any sort of investigator
It is painful to watch (figuratively speaking) this unfold.
Since Jan 21, 2007
Sounds like some of these troops were scumbags.
Ironic, isn't it,we get new smartass freepers like that from time to time around here, real scumbags.
"I was stating that criminals and murderers should be treated the same. In that situation, Yes, a Marine and Al Queda should be treated the same."
Thats the problem with you libs and reality. This is not a police action and these are not criminals we are dealing with. We can't issue a time out or ask them to engage in dialog.
This is war. Our enemies stated goal is to destroy our way of life and kill every single one of us. They know no law themselves except that of strength and power.
We can never go down to their level. Even when one of our troops makes a mistake it is done in a momemnt of weakness or mental error. When they behead or burn or torture it is is calculated.
One of the things that piss me off around here is this "the troops can do no bad attitude." Individual troops can do things that cause great harm. Those people are savages. The LAST thing we want to do is to become savages ourselves. It's called being a Gentleman.
"That's the problem with whatever you call yourself. I am a Lib - a Libertarian. How can you say a terrorist isn't a criminal. That's just asinine."
If one person steals from you it is a crime. If that person murders someone they are a murderer (criminal).
If a nation or state attacks someone they are not criminals. An attack by a group of people is an act of war.
"Timothy McVeigh was a criminal, Ted Kacynski was a criminal, and so are Al Queda members."
Ted was a criminal. McVeigh and Al Queda are not criminals. They are terrorist waging WAR on the United States and the free world in general. They are not seeking to mug us. They are seeking to DESTROY us. They will cut your head off and laugh about it as they rape your wife, daughters and sheep.
"Just like in society, the vast majority of the troops are good and deserve 100% of our support."
Took you about 5 posts to say that the majority of our troops are good.
I never said YOU were. But if you took it that way, that's fine.
"One of the things that piss me off around here is this "the troops can do no bad attitude.""
I've been one of those troops. I've been given illegal orders in a nasty situation. Life aint perfect and holding these guys to the microscope when they are fighting to survive is BS.
Sure there are cases that warrant attention. Putting guys in solitary without charging them is not part of our system of justice. Forcing confessions is not part of our system. Releasing key information to the public is not part of our system. Withholding evidence is not part of our system.
They are doing all of these things to our troops and good people are paying the price for things they did not do.
And why is this happening? Because the libs found a weak spot and are using it to attack our troops and the President instead of focusing on the enemy.
Oh, really? And where exactly have you seen that attitude?
You wrote, "One of the things that piss me off around here is this "the troops can do no bad attitude." "
I can understand you might not agree with "the troops can do no bad", but why would it "piss" you off?
ROTFLMAO!
You two crack me up!
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