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Marine accused of killing Iraqi soldier: Attacker says he saw possible enemy link
San Jose Mercury News / Los Angeles Times ^ | September 4, 2007 | Tony Perry

Posted on 09/04/2007 1:37:00 PM PDT by RedRover

A Marine is in the brig awaiting court-martial on a charge of killing an Iraqi soldier with his bayonet while the two were assigned to a nighttime sentry post at Camp Fallujah.

Marine Lance Cpl. Delano Holmes, 21, says he acted in self-defense when he thought the Iraqi, who was wearing a ski mask, smoking and talking on a cell phone, might have been signaling to an insurgent sniper.

Three days earlier, in a different location in Fallujah, three Marines in Holmes' battalion were killed in a sniper attack....

Holmes' civilian defense counsel, former federal prosecutor Stephen Cook, said the investigation by the Naval Criminal Investigative Service "was shockingly flawed" and, among other oversights, never sought to investigate the background of the dead Iraqi to see if he had insurgent ties.

Also, he said, the Iraqi's cell phone was never recovered to see what numbers he had been calling or whether he was sending text messages....

Cook said Holmes told the Iraqi to put down his cigarette and cell phone and when he refused, a fight broke out. Holmes is accused of stabbing the Iraqi at least 10 times.

The sentry post was an elevated platform at the perimeter of the base and light from a cell phone or glowing cigarette could be a signal, Cook said. Pictures show that the windows at the platform were pockmarked from previous sniper shots, Cook said....

In Indianapolis, Holmes' former foster mother, Jenni Crowley...has established a Web site, www.helpdefenddelano.com, encouraging the public to write to Mattis and members of Congress and to donate to Holmes' legal defense fund. Cook's Irvine-based Howrey law firm has taken the case pro bono....

The Marine Corps declined to release the hearing officer's report that led Mattis to order a court-martial.

(Excerpt) Read more at mercurynews.com ...


TOPICS: Extended News; Foreign Affairs; News/Current Events; War on Terror
KEYWORDS: defendourmarines; delanoholmes; hoosier; indiana; iraq; marines; wot
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A previous thread regarding the LCpl Holmes case was posted by Abathar: Marine From Indiana Charged In Iraqi Soldier's Death

LCpl Delano Holmes

If you get a chance, please visit the Web site at the link.

1 posted on 09/04/2007 1:37:04 PM PDT by RedRover
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To: RedRover

sounds like he did the right thing. iraqi should have done what was ordered. why is this hero in the brig. SAD!


2 posted on 09/04/2007 1:40:05 PM PDT by RolandBurnam (soylent brown is poop)
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To: 4woodenboats; xzins; Abathar; radar101; brityank; Chickenhawk Warmonger; dynachrome; gardencatz; ...

3 posted on 09/04/2007 1:43:53 PM PDT by RedRover (DefendOurMarines.com)
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To: RedRover

Holmes’ civilian defense counsel, former federal prosecutor Stephen Cook, said the investigation by the Naval Criminal Investigative Service “was shockingly flawed” and, among other oversights, never sought to investigate the background of the dead Iraqi to see if he had insurgent ties.

*************
Gee that kinda sounds familiar... God Bless this Marine and his family.


4 posted on 09/04/2007 1:50:49 PM PDT by Chickenhawk Warmonger (The Media Lied & Soldiers Died)
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To: RedRover

One wonders which is more dangerous for a marine - fighting Al-Qaeda or the Marine Corps.


5 posted on 09/04/2007 1:51:57 PM PDT by 353FMG (Government is the opiate of the people.)
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To: RedRover

I agree with the Marine.

Ski Mask, cell phone, cigarette lighter and cigarette was talking on the phone.

“Abdul, when I count to 3 put a round at the height of my cigarette but 2 feet to your left.”


6 posted on 09/04/2007 1:52:16 PM PDT by xzins (Retired Army Chaplain And Proud of It! Those who support the troops will pray for them to WIN!)
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To: RolandBurnam
Unfortunately, this news source is "excerpt only" so I couldn't post the whole article. Prosecutors say LCpl Holmes killed the Iraqi and then lied to investigators.

Also unfortunately, the Article 32 hearing got no media attention at all, so very little is known about the facts in the case. I'm hoping we can learn more about it before the court martial.

From what I know about LCpl Holmes' family, they are good people who could use support.

7 posted on 09/04/2007 1:52:18 PM PDT by RedRover (DefendOurMarines.com)
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To: RedRover

I agree with the Marine.

Ski Mask, cell phone, cigarette lighter and cigarette AND was talking on the phone.

“Abdul, when I count to 3 put a round at the height of my cigarette but 2 feet to your left.”


8 posted on 09/04/2007 1:52:41 PM PDT by xzins (Retired Army Chaplain And Proud of It! Those who support the troops will pray for them to WIN!)
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To: RedRover

These people that are second guessing combat Marines should be the ones put in front of a firing squad. Most especially their commanders sitting in Washington D.C. playing politics.


9 posted on 09/04/2007 1:53:10 PM PDT by vetsvette (Bring Him Back)
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To: RolandBurnam

Insurgent or not, reckless display of light during times of darkness in a sniper infested area should be plenty cause for immediate execution.


10 posted on 09/04/2007 1:53:13 PM PDT by Grimmy (equivocation is but the first step along the road to capitulation)
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To: vetsvette

No American is safe while members of “the Woodstock generation” occupy any government office.


11 posted on 09/04/2007 2:03:01 PM PDT by JennysCool ("The urge to save humanity is almost always a false front for the urge to rule." -Mencken)
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To: RedRover; xzins; Chickenhawk Warmonger
Here's more info from the Indianapolis Star when the news first broke Hoosier accused of killing Iraqi soldier

Delano Holmes has already had a hearing and will go to trial in December. The young man is a reserve Marine and volunteered to go to Iraq when he heard they needed more machine gunners. He seems like he was well respected by his peers. His foster mother, a youth minister at a church in Carmel, Indiana, is currently in the process of adopting Delano Holmes so he will have a permanent family (even though he's an adult).
12 posted on 09/04/2007 2:16:21 PM PDT by Girlene
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To: xzins
A little bit more on the ski mask business from the article:

While there are instances of Marines and Iraqi soldiers - called jundis - working well together and establishing mutual respect, there also is widespread suspicion and misunderstanding about the Iraqis among the Marines. Iraqi soldiers and police often wear ski masks to hide their identity in case insurgents retaliate against their families. But the practice is unnerving to the Americans because insurgents also wear such masks.

The language barrier between the two sides often adds to tensions. The Iraqi, identified as Pvt. Munther Jaswern Muhammed Hassin, spoke no English and Holmes no Arabic, according to a military document.

Sounds like a perfect situation for two stubborn people to misunderstand each other:

Cpl. Holmes (angry, in English): "I'm telling you for the last time! Get off the cell phone and put out that cigarette!"

Pvt Hassin (into cellphone in Arabic): "One moment, Jasmine. The stupid American is yelling at me again."

Pvt Hassin (yelling back, in Arabic) "Pig! Infidel! I don't have to listen to you. This is Iraq! I am an ... What, what are you doing? No, no! Put the knife!" (muffled screams).

13 posted on 09/04/2007 2:24:11 PM PDT by Captain Rhino ( Peace based on respected strength is truly peace; peace based on weakness is ignoble slavery)
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To: Chickenhawk Warmonger
Holmes’ civilian defense counsel, former federal prosecutor Stephen Cook, said the investigation by the Naval Criminal Investigative Service “was shockingly flawed”

SHOCKER!


14 posted on 09/04/2007 2:29:09 PM PDT by Girlene
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To: RedRover

God bless Marine Lance Cpl. Delano Holmes. I hope other Marines I know similary decide that it is “better to be judged by twelve than carried by six”. (Or the military version of that saying, anyway.... “Better to be judged by six than bagged by two”?)

By the way, who is the genius who thought these two guys would make a good team?


15 posted on 09/04/2007 2:37:58 PM PDT by Lancey Howard
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To: Lancey Howard; RedRover; Eagles6; freema
Another photo of Delano Holmes from his website.


16 posted on 09/04/2007 2:42:47 PM PDT by Girlene
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To: RedRover

Just when I thought I was at the end of being with you and your ping list.

I believe this Marine.


17 posted on 09/04/2007 2:44:35 PM PDT by lilycicero (Do they use ski masks for sandstorms?)
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To: RolandBurnam
sounds like he did the right thing. iraqi should have done what was ordered. why is this hero in the brig. SAD!

This is what makes me so mad, our guys are in the old testament world and this young marine acts in self defense, and the lawyers come into play. The insurgents best friends, the Democrats are their willing allies. It is a screwed up world over there. We should never have sent our guys there and placed them in these conditions to pussyfoot around and act like policemen. They are soldiers.

18 posted on 09/04/2007 2:49:55 PM PDT by The_Media_never_lie
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To: Captain Rhino

The Marine need only perceive a threat on a battlefield, and he is justified in a killing.

The Iraqi was violating standing orders with the cigarette lit at night, which can be seen up to a mile, more with NVGs, and with enough illum for a sniper with nightscope to pick off individuals.

Therefore, he didn’t need the phone conversation to be justified in his concerns. His concern was already valid.


19 posted on 09/04/2007 2:59:15 PM PDT by xzins (Retired Army Chaplain And Proud of It! Those who support the troops will pray for them to WIN!)
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To: lilycicero
More info from North County Times back in mid August Marine charged with murder asserts self-defense

[snip]..The Indianapolis Marine reportedly told investigators that the Iraqi was preparing to fire at him with an AK-47 assault rifle, prompting him to use his bayonet to stab the man about 10 times, according to a government charging document.

Government investigators, however, allege that that version of events was false and that Holmes murdered the man and fired the AK-47 after the stabbing to support his story.

Holmes returned to Camp Pendleton in late February and was immediately arrested and placed in the base brig, Cook said during a telephone interview.

"In Iraq, they told him he had done good job and he thought all this had been resolved," he said.


[snip] ...If ordered to trial and convicted, Holmes could face life in prison.

[snip]...The Marine Corps has never made a public statement about the case, which came to light when Cook spoke with reporters earlier this week. A Marine Corps spokesman was unable to say why the service had not issued any disclosure of the incident until this week. [in August]
20 posted on 09/04/2007 2:59:31 PM PDT by Girlene (Hi, Lily! We missed you!)
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