NCIS Exposed:Criminals, Thugs, and Liars Bringing Down Marines

The Haditha Marine case, with its leaks of false information including, possibly, tidbits of confessions, has a recent parallel.

Evidently, neither does the Washington Post, Associated Press, National Public Radio, and the rest of the media that repeats every NCIS rumor as gospel. This is surprising because it wasn't that long ago that the NCIS lied to them all.

It was the Daniel M. King case, a few short years ago, that should make everyone suspicious of every leak, and every media report, in the Haditha Marines case.

Petty Officer King was a Navy cryptanalyst: Cryptologist Technician (Collection) First Class (CTR1). He was arrested in 1999 on suspicion of espionage, and was summarily stripped of all his rights as a citizen of this country.

NCIS agents administered a polygraph test. It is possible that the agents were not properly trained. In any event, Daniel King’s polygraph was ruled “inconclusive”. At the same time, no hard evidence was found to back up the charge. So the NCIS agents needed a confession.

Petty Officer King was detained by and subjected to a torturous interrogation that lasted over 26 days for 19 to 20 hours at a time.

At a Congressional hearing, attorney Jonathan Turley would testify, “The NCIS manufactured a theory of espionage without foundation and then took steps to compel statements to support that theory. The tapes and evidence secured by the defense in this case reveal agents seeking a trophy not the truth.”

At the same hearing, Lieutenant Robert A. Bailey (JAG, US Naval Reserve), stated:

Finally, the truth did come out--despite the efforts of the NCIS. Petty Officer King was not a spy.

He was released in March 2001 after a hellish 520 days in confinement. Confinement in "Special Quarters," the equivalent to maximum security lock-down condition in which he spent approximately 20 hours a day in a six-foot by nine-foot cell.

Today, the NCIS is continuing the same criminal behavior of coercing confessions and ignoring rules and ethics in pursuit of its target. You haven't been reminded of this story in the mainstream media. But the truth is there for anyone willing to look. It's all right here at Documents in the Case of US v. Daniel M. King .

Spreading the word can be an act of patriotism. If the truth stays secret, the very worst of men will bring down our nation's very best.

Found this little tidbit of info from Atty. Jane Siegel for John Jodka in the Hamdania case in possible tactics used by NCIS investigators:

From Townhall.com http://www.townhall.com/columnists/RickAmato/2006/08/31/inside_the_camp_pendleton_8&comments=true#7798523a-cbe1-4c0e-98cc-ec4624c3db8b
"Said Ms. Seigel of the Naval Criminal Investigative Service: "NCIS was on a mission to place blame and not find the truth. They wanted to make sure that Hamdania did not mimic Haditha. America needs to know that 'there are all kinds of rubber hoses' in the offices at NCIS, and that statements can be extracted from prisoners by using intimidation tactics other than physical force. Ask NCIS why they keep rubber hoses in their offices, and why they think it's funny?" "

and..."Meanwhile, Ms. Siegal will enter in to evidence a photograph taken at NCIS-Camp Pendleton of a rubber hose on a white board, with the words "my psychological friend" written underneath."

Now I believe Pfc Jodka has already plead guilty, so I doubt this was entered into evidence. There are also some interesting comments at the bottom of the article regarding interrogation techniques possibly used on Jodka.

More similarities of NCIS tactics to the King case. From the Hamdania case with Lance Cpl Robert Pennington, the NC Times, Mark Walker staff writer reports:

http://www.nctimes.com/articles/2006/11/21/news/top_stories/1_02_3211_20_06.txt

"CAMP PENDLETON -- A Marine lance corporal contradicted two Naval Criminal Investigative Service agents who testified Monday that he never asked for an attorney when being questioned in the April 26 killing of an Iraqi civilian."...."Lance Cpl. Robert Pennington said he did ask for an attorney after being threatened with the death penalty while undergoing questioning by the agents at Camp Fallujah in the Anbar province of Iraq."..."Pennington said he was shocked when one of the agents told him he could face the death penalty. I mulled that over for about 5 seconds and then said, 'If that's what you're going to charge me with, I want a lawyer,'" Pennington testified under questioning from one of his four defense attorneys, Lt. Cmdr. Scotch Perdue, adding he was certain that the investigators heard his request but nonetheless continued the interview."

Names from this article:
lead NCIS investigator, Kelly Garbo
NCIS Investigator, Kyle Casey
Prosecutor Lt. Col. John Baker
Military Judge Lt. Col. Eugene Robinson

Mark your calendars!

January 25th

That's the day when three NCIS agents (including James Connelly) are expected to testify in the Lt. Phan / Hamdania case.

On the witness stand, they will be asked about lying and cheating to gain a confession.

By the way, it's sort of interesting that David Sheldon, Lt. Phan's lawyer, is taking the lead on questioning the NCIS's methods. I mean, Brig. Gen. David M. Brahms was the Marine Corps' top-ranking attorney. Brahms knows better than anyone what goes on in the NCIS. (Could it be that Brahms is hanging back and letting Sheldon take the lead?) In any event, the 25th could be a most interesting day!

January 27th

There are plans for a town meeting in Sweetwater, TN about the local 101st Airborne men who've been railroaded by the NCIS. (See euphoriadev's thread from yesterday about Col. Steel.)

Media is being lined up for this event now. Fingers crossed.

What's the connection between these events?

The military justice system is broken and has been for some time. For background, read the Cox Commission Report.

There is no oversight. Men like Murtha can manipulate the system for his own political advantage. If you read any of the statements made after the Daniel King, you might wonder (as I did) what happened next? The answer is nothing. No investigation, no change.

From my perspective, we have to keep pushing this story, making noise, in the hope people will start paying attention. Otherwise, innocent young Marines and soldiers are going to pay the price.

On 1st Anniversary of Haditha Massacre, Another Case Draws Attention

By E&P Staff and The Associated Press

Published: November 19, 2006 12:20 PM ET

NEW YORK The first anniversary of the killings in Haditha - the worst single massacre of Iraqis attributed to U.S. troops - on Sunday arrives at a time when proceedings in other cases involving alleged American atrocities are drawing new attention and criticism.

In Haditha, 24 Iraqi civilians died. The Hamdania case involved one victim, but in the beginning, there were eight accused of the crime: A squad of seven Marines and a Navy corpsman charged with kidnapping and murdering an Iraqi man, a crime described by a prosecutor as especially brutal. They faced military trials; the death penalty was possible.

And now there are four. In the six months the men have been held at the Camp Pendleton brig, the profile of the Hamdania cases has changed dramatically. The death penalty is off the table and four of the defendants have struck plea bargains.

Some observers of the military justice system find the developments mystifying.

Gary Solis, a former Marine Corps prosecutor and judge who teaches law of war at Georgetown University Law Center, said he was surprised by the number of plea agreements in this case.

"It's a wonderment to me that it's happening in the military system," he said.

The group was accused of kidnapping 52-year-old Hashim Ibrahim Awad in the town of Hamdania, taking him to a roadside hole, shooting him and then trying to cover up the incident. According to court testimony, the troops planned to kidnap and kill a known insurgent, and when they couldn't get to him, some members of the squad went into Awad's home.

"They killed a 52-year-old crippled man in cold blood," Lt. Col. John Baker, a prosecutor, said during a recent hearing. "They killed a retired police officer with 11 children and four grandchildren. Hashim Awad was a very forgiving and gentle man. He was precisely the kind of man (the Marines were) sent to help."

Despite the prosecution's argument that the Marine squad was a lawless gang intent on killing, Baker and the military justice system agreed to plea deals resulting in minimal sentences. Judges have listened to testimony and recommended sentences, only to have them trumped by plea bargains. Defense lawyers have said their clients did no wrong, and would be found not guilty at trial.

Navy Petty Officer 3rd Class Melson J. Bacos, sentenced to 10 years confinement, will serve only one year because of a pretrial agreement. Pfc. John J. Jodka III, recommended for five years confinement and a dishonorable discharge will serve only 18 months and may get a non-punitive discharge under the plea agreement.

Lance Cpl. Tyler Jackson, was sentenced to nine years in prison but his pretrial agreement limits the time he will serve to 21 months. His discharge also will be non-punitive. All three men's sentences include credit for the six months they've already served. Proceedings for another Marine who has made a deal are scheduled in the coming week.

David Glazier, a professor at Loyola University Law School who teaches the law of war, said that with such a large number of defendants, prosecutors may be weighing who may be most at fault.

"They may feel that two or three were the ringleaders and others went along because of peer pressure," he said.

Solis suggested that another pending case could be playing a role. The Marine Corps has been investigating whether a squad deliberately killed as many as 24 Iraqi civilians in Haditha last November, and whether efforts were made to cover up the incident. Charges have not been filed _ if they are, defendants would likely be prosecuted at Camp Pendleton.

That could strain the military justice system, Solis said.

"I think they're clearing the decks for the Haditha cases," he said.

But former Army prosecutor Tom Umberg said he doubted that a lack of resources would be a reason to accept pleas.

"Something as high profile as this, they can free up resources," said Umberg. "They can activate reservists ... In a case like this, the Marine Corps would find adequate resources to ensure adequate prosecution."

Even as trials are scheduled for the four defendants who have not yet made deals, further plea bargains are still a possibility.

But Solis said he is confident there will be trials in the case.

"A trial serves many purposes and one is to achieve justice and exact punishment for criminal misconduct," said Solis. "The accused are well represented. But who speaks for the dead man? Who represents society? That's the purpose of the trial."

http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_content_id=1003409981

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