Marine Faces Court-Martial in Iraq Death [LCpl Delano Holmes]

Associated Press ^ | December 3, 2007 | CHELSEA J. CARTER

[RedRover]

CAMP PENDLETON, Calif. (AP) — A court-martial opened Monday for a Marine accused of murdering an Iraqi soldier while the two men stood guard together in Fallujah. But the 22-year-old reservist says he acted in self-defense.

Lance Cpl. Delano Holmes, of Indianapolis, is accused of stabbing Munther Jasem Muhammed Hassin to death as they stood watch at a security post on Dec. 31, 2006. He has pleaded not guilty to charges of unpremeditated murder and making a false statement.

His court-martial started Monday with attorneys for both sides arguing motions over the use of photographs of the soldier's body as evidence and the use of statements taken from Iraqis as part of the investigation.

If convicted on all counts, Holmes faces life imprisonment with the possibility of parole.

The killing occurred in the pre-dawn darkness after Hassin allegedly opened his cell phone, then lit a cigarette, said Holmes' attorney, Steve Cook.

The men were not supposed to display illuminated objects because of the danger of sniper fire, and Holmes repeatedly tried to make Hassin extinguish the cigarette, Cook said.

Holmes maintains he knocked the cigarette out of the soldier's hand and the two got into a fight. During the struggle, Holmes felt Hassin reaching for his loaded AK-47, so the Marine killed him with a knife, then radioed for help, Cook said.

He said Holmes was charged with murder because of the political climate at the time, citing incidents at Haditha and Hamandia where Marines were accused of murdering civilians.

"The military was attempting to show ... they were going to treat seriously or crack down on any allegations against Marines," Cook said.

Cook, a former federal prosecutor in San Diego, said he expects to call 20 to 30 defense witnesses.

The court-martial is expected to last about two weeks, Marine spokesman Miquel Alvarez said.

Holmes enlisted in the Marine reserves in May 2004 and was on his first deployment in Iraq, Cook said. He is from the 1st Battalion, 24th Marine Regiment, based at Lansing, Mich.

Outside the courtroom, Holmes' family told reporters they were still coming to terms with the allegations.

"We've had a lot harder feelings about the process than he has," said Jenni Crowley, who was a foster parent to Holmes as a teenager and is now trying to adopt the Marine.

She said Holmes, known as "Del" to friends, believes he will be exonerated.

[RedRover]

Please help defend this Marine...

Click on the picture below.

[RedRover]

Today was the first of a projected ten day court martial. Sounded like much of it was taken up with motions.

There were stories (basically the same as this AP piece) in All Headline News and the San Diego Union Tribune.

[Ramius]

From what I’ve read before it sounds like this Marine has a good defense case to offer.

What started out as a confrontation over a legitimate matter (the iraqi showing a light) escalated to coming to blows, and then a full on fight.

Unless I hear something new I think the Marine was in the right.

I’ll bet he is found not guilty.

[knarf]

Let's see now ... I'm a trained Marine .. with unique instructions regarding the dangers of being in Iraq ... I'm assigned to guard duty with an Iraqi soldier ... and he starts doing $h!t I've been instructed to be aware of ... it's pre-dawn darkness ... and the Iraqi soldier does stupid $h!t that may get us (me) killed ... and the Iraqi does more than one dangerous act.

(now I'm reading into the story)

I tell the Iraqi to stop, ... he probably tells me to STFU ... I'll be damned, says I ... a fight ensues ...

and the Iraqi reaches for his weapon.

Yup ... following orders regarding a possible imbed signalling his droogs.

Not guilty.

[StarCMC]

He said Holmes was charged with murder because of the political climate at the time, citing incidents at Haditha and Hamandia where Marines were accused of murdering civilians.

"The military was attempting to show ... they were going to treat seriously or crack down on any allegations against Marines," Cook said.

THIS is the kind of BS that trying to be politically correct will do to our warriors.

[RedRover]

I agree that the lance corporal will be found not guilty--and after nearly a year in pre-trial confinement.

BTW, earlier threads on this case are under the keyword delanoholmes.

[Lancey Howard]

Prayers up for Lance Cpl. Delano Holmes and his family.

It looks to me like the political hacks (commanders and civilians) are frothing at the mouth to throw another Marine under the bus. It will be interesting to see if the geniuses who figured it was a smart idea to station a disciplined Marine with a cigarette-smoking, cellphone-using Iraqi “soldier” in a sniper-target sentry tower will be held to account.

I am not holding my breath about that, however. I only hope Holmes isn’t relying on wink-and-nod JAG defemse attorneys to defend him. They would likely try to convince Holmes to plead out to 25 years at Leavenworth. You know - - “for the good of the Corps”.

[jazusamo]

I agree that the lance corporal will be found not guilty

I'm praying that's the way it will turn out. Any numb scull stupid enough to smoke and use a lighted cell phone deserves that fate before he gets others killed.

[bigheadfred]

Just my opinion, but the actions of the Iraqi show me an act of premeditation. He knew the risk of his actions. To so blatantly defy the rules of not showing a light, whether with a cigarette or phone, or both, tell me he was setting Holmes up to be killed. Delano’s actions are more than justified. And his commanders know that.

[RedRover]

Thanks for the prayers and good words, Lancey. I know the family appreciates all the support. As you’d imagine, they’re living inside a nightmare.

[RedRover]

I think the Iraqi knew what he was doing as well. Sounds like he was taunting LCpl Holmes.

Government prosecutors have often tried to use a claim of “excessive force” to get a murder conviction (that was also pretty much the whole case against Lt Pantano). I don’t think the jury will buy what the prosecutor is selling. It stinks too badly.

[bigheadfred]

What really stinks is putting this kid in solitary confinement.
If he was already having some problems, that kind of treatment could only exacerbate them. That is what is excessive. And I’m sure those bastards that did that to him brag about how they got to help torture a Marine. They should hold their heads high.

[Grizzled Bear]

The killing occurred in the pre-dawn darkness ...

---

I’ve seen quite a few biased stories by this Chelsea Carter. Funny that it’s not an “Alleged Killing.”

Thank you Associated Press, may I have another?

[Grizzled Bear]

Let’s see now ... I’m a trained Marine .. with unique instructions regarding the dangers of being in Iraq ... I’m assigned to guard duty with an Iraqi soldier ... and he starts doing $h!t I’ve been instructed to be aware of ... it’s pre-dawn darkness ... and the Iraqi soldier does stupid $h!t that may get us (me) killed ... and the Iraqi does more than one dangerous act.

---

“Never light three on a single match, very bad luck!”

During WWI the soldiers would have a smoke while watching their enemy accross “No Mans Land.” They quickly learned that lighting three cigarettes off a single match would result in an enemy marksman taking out one of their buddies.

The more things change, the more they stay the same.

[bigheadfred]

My grandpa used to tell us grandkids a few things about WWI. “Three on a match” was one of them. Hopefully there are people on the panel with as much sense as he had.

Isn’t Chelsea-baby one of your most favoritest people? (Please don’t throw up in my direction, I just got my shoes shined):-)

[Grizzled Bear]

Isn’t Chelsea-baby one of your most favoritest people? (Please don’t throw up in my direction, I just got my shoes shined):-)

---

She’s published many anti troop stories with AP.

The image I get when I see her name causes me to lose sleep!

[bigheadfred]

The image I get

How weird! I get the same image when I think about the people prosecuting our troops.

What is more troubling is the amount of people sharing the same nightmare.

[Lancey Howard]

“Chelsea Carter”

Now, if somebody a lot more handy with the computer than I am would use photoshop to splice Amy Carter’s face with Chelsea Clinton’s, that might be interesting....

[Girlene]

Thanks, Red. Here's an article from North County Times, Trial under way in killing of Iraqi soldier from yesterday.

[snip]..."Holmes' two-week trial on charges of murder and lying to investigators got under way in a Camp Pendleton courtroom Monday with resolution of pretrial issues, such as the use of autopsy photographs and a lengthy questioning of 10 potential jurors.

This morning, the prosecution and defense are slated to make opening statements to the eight jurors -- three officers and five enlisted men -- who will decide the case.

[snip]...During the fight, Holmes told investigators, he believed Hassin was reaching for his AK-47 and that is why he unhitched his bayonet from his flak jacket and began stabbing.

He later acknowledged to investigators that he fired at least one round from the Iraqi's rifle in order to support his version of the fight.

Holmes' foster mother during his senior year of high school, Jenni Crowley of Indianapolis, watched the daylong proceedings from the courtroom gallery along with her mother, Belinda, and the Marine's high school speech instructor, Max McQueen.

[snip]...Crowley, 37, has established a Web site to raise money for Holmes' defense. Set up a couple of weeks ago, the Presbyterian youth pastor said the site has generated close to $3,000, money which will help defray some of the expenses associated with the trial.

McQueen said his former student was very outgoing and never had any problems in school.

"There was never any kind of confrontation," he said. "This is totally out of character for him."

Cook and Stephanie Byerly are defending Holmes free of charge. He also has two military attorneys, Capts. Bart Slabbekorn and Jeff King. The case is being tried before Lt. Col. Jeffrey Meeks, who is presiding as the military judge, and prosecuted by Maj. Christopher Shaw and Capt. Brett Miner."

And from an updated AP article by Chelsea Carter, here

[snip]..."A jury was selected Monday to hear the court-martial of a Marine reservist accused of murdering an Iraqi soldier while the two stood guard together in Fallujah.

Three officers and five enlisted officers were impaneled to determine the innocence or guilt of Lance Cpl. Delano Holmes. ...

[snip]...One of Holmes' civilian attorneys, Stephanie Byerly, told the judge, Lt. Col. Jeffrey Meeks, it was not clear when the photos were taken — before or after the body was removed by Iraqis and turned over to Americans. Prosecutors told Meeks the pictures were taken within an hour of the fight.

Meeks allowed some of the photographs but temporarily excluded use of a graphic video, which showed the body on the ground after the fight."....

[RedRover]

Thanks, Girl. Hope there’ll be more later today.

[Girlene]

Found a really good article from the Indianapolis Star, pre-trial, on Delano Holmes, from Nov. 27. A cigarette, a war-zone fight, now a murder trial

Since I don't think I can excerpt from a Gannett publication, here's some of the intersting points from the article that were new to me:

Supposedly, snipers had fired on this post just a day or two before Holmes duty, with a Marine being critically wounded.

During the pre-trial hearing, investigators said they only did a cursory scene inspection because they feared drawing sniper fire.

The atty, Cook, describes how Holmes experiences in Iraq up to that point contributed to the degree of force necessary at the time. Shortly after arriving in Fallujah, Holmes saw a buddy shot and killed; also he had been given medications for sleeping problems.

Defense will strongly dispute that all 40 wounds on the Iraqi's body were caused by Holmes. The autopsy report shows that a number of the wounds are inconsistent with the type of knife that Holmes used. After the stabbing, Iraqi soldiers had possession of the body for at least an hour. (I guess implying they also may have added to the wounds.) Cook also makes comments that the number of wounds should not be a factor since Holmes was ensuring the threat was removed.

The article goes on to describe personal aspects about Delano Holmes. Also, there are comments from veterans who have worked with Iraqi police/army and the distrust that they also felt. Finally, Jenni Crawley describes how offers have been made by the prosecution to resolve this case without trial (don't know about any confinement time), but that Holmes won't agree because the pleas require him to admit that the killing was not self-defense.

[Mr. Lucky]

Let’s see. An Iraqi intentionally gets into a hand to hand fight with a United States Marine? Sounds like clear case of suicide to me.

[Girlene]

Gee, Mr. Lucky, I never thought of it that way. It was not a good decision on the Iraqi’s part, that’s for sure.

[bigheadfred]

Sounds like clear case of suicide to me

That is so outstandingly true someone needs to contact that lawyer.

[Girlene]

Del's foster Mom, Jenni Crowley

[Girlene]

Sounds like clear case of suicide to me.

Well, according to this article from 2003, Marines are given training in killing in close combat. Warriors train in the skills of close-combat Marines take stance to learn Pekiti-Tirsia Kali

"Members of the Marine Air Ground Task Force-38 at the Philippine Interoperability Exchange Exercise here have recently absorbed new fighting techniques of Pekiti-Tirsia Kali, which involves the use of knives, blades, swords, daggers, and anything which can be used in close-combat fighting.

Because a skilled knife-fighter does not rely on brute muscle strength, but on speed, timing and coordination, Pekiti-Tirsia Kali offers convenient and logical methods against strong opponents, whether knife or empty hands are the enemy.

"This fighting is strategic and tactical because we use a lot of angular movements to get out of the line of attack," said Grand Master Leo T. Gaje Jr., the sole surviving heir to the fighting art. ".....

....""This is all offensive fighting. We do not defend, just attack and counterattack. The enemy has no mercy, neither should we," said the Grand Tuhon, which means "Grand Master." "....

....""The training showed me the enemy's perspective and how he would react. I learned how to counter it, and learned that with the counter attack versus a defensive stance, I win in all situations," he explained."

Don't know what kind of up-close combat training that Delano Holmes received, but the objective appears to be offensive, not defensive once a line is crossed. I hope the lawyers will be bringing up his training with knives during his trial. The prosecution made a point that Delano Holmes did not have wounds on his body. Maybe the simple explanation is that he used his training properly once he determined he was in a kill or be killed situation.

[Gene Eric]

The likelihood the event was designed to bring harm to LCpl Delano Holmes and anyone else at his post, pales in comparison to the setup at Haditha. In other words, if the enemy can organize and execute the trap at Haditha, they can certainly set an incendiary beacon for a sniper assault at Fallujah. Holmes should be given the benefit of doubt — period.

>> I agree that the lance corporal will be found not guilty—and after nearly a year in pre-trial confinement.

Is the confinement really necessary... c’mon already.

[bigheadfred]

Is the confinement really necessary... c’mon already.His confinement is completely necessary since the aim was to torture and intimidate Delano. And if you don't think solitary confinement is torture, lock yourself in the hall bath ( or the smallest one in the house) for a weekend, and see how bug-sh!+ crazy it makes you.

[Gene Eric]

>> And if you don’t think solitary confinement is torture, lock yourself in the hall bath ... and see how bug-sh!+ crazy it makes you.

Exactly. I see no reason why Delano should be confined. There’s political stench in the air.

[bigheadfred]

Exactly. Just like my nephew, Sgt. Evan Vela. His outfit are all back in Alaska (Fort Richardson) now. All but one.They left one behind. Evan. Held in confinement in a foreign land by a hostile government.

Since this is a family venue I didn't want to show what this kid is really doing with that hand, and still get the message across.

[freema]

A second fight for his life.

[Gene Eric]

>> Title: " A cigarette, a war-zone fight, now a murder trial "


The article states the following:

"Snipers had fired on the sentry post a day or two before Holmes' watch, critically wounding a Marine."

The circumstances facing Evan Vela, Delano Holmes, and the Haditha Marines challenges not only the welfare of these men, but also the soul of our Nation. For not the events that wrapped these men in the shroud of our enemies hell, they, like their comrades, would be marching forward serving on their next tour, or home with their family and friends. The mishaps of war are not only the responsibility of those directly involved, but also the Country that thrusts its bravest citizens into situations that have contracts with death, destruction, and betrayal.

[Girlene]

The mishaps of war are not only the responsibility of those directly involved, but also the Country that thrusts its bravest citizens into situations that have contracts with death, destruction, and betrayal.

I agree, Gene Eric. Well stated.

[Marine_Uncle]

Yet another Marine having to make split second decisions about his personal safety as well as his fellow Marines being put on display for carrying out what had to be done. Lord willing he shall soon walk free from these charges.

[mlo1999]

My heart and prayers go out to you and your son. May God Bless You All!! I will be following this story with great support and hope you choose to follow ours www.sergeantevanveladefensefund.org. Merry Christmas!