Posted on 06/16/2006 1:26:08 PM PDT by Dubya
CAMP PENDLETON ---- The Marine Corps on Thursday defended the treatment of seven Marines and a Navy corpsman being held in the base brig as investigators probe the alleged killing of an Iraqi civilian on April 26.
The men from the Camp Pendleton's 3rd Battalion, 5th Marine Regiment's Kilo Company are being investigated by the Naval Criminal Investigative Service for the alleged kidnapping and slaying of 52-year-old Hashim Ibrahim Awad al-Zobaie.
Family members of the servicemen have told the media that they are being held in solitary confinement.
A base spokesman disputed that characterization Thursday, saying none of the eight are in solitary confinement.
In a written statement, the Marine Corps said each is considered a "maximum restraint" inmate kept alone in an 8-by-9 cell furnished with a bed, mattress, toilet, sink, desk and storage locker.
Each cell has a window allowing for plenty of sunshine, and the troops are allowed one hour a day in the recreation yard, according to the statement issued by Maj. Jeff Nyhart.
But attorneys and family members for the men complained Thursday that hand and leg cuffs used when they are outside their cells are excessive and that other conditions of their confinement are unwarranted.
The father of Pfc. John Jodka III of Encinitas said he has visited his 20-year-old son three times and considers his son in solitary confinement.
"I don't know Webster's definition for solitary confinement, but this seems pretty close to the mark," said his father, John Jodka Jr.
He said the men must eat in their cell and have to yell down a hallway to communicate with fellow inmates. The men can make phone calls, but the receiver has to be handed to them through the door, Jodka said.
While none have been charged, the troops have been held behind bars for more than three weeks. Each has appeared before a base officer acting as a magistrate who concurred with the decision to keep them in custody. Four other Marines from the squad are considered material witnesses and are restricted to base.
Nyhart said it remains unclear when the investigation of the incident will be completed and when Pentagon brass will decide whether any charges should be lodged.
In its statement, the Marine Corps said hand and leg cuffs are appropriate and that it is following Defense Department and Navy regulations. The men were detained in Iraq on May 10 and have been behind bars since May 25, one day after arriving back at Camp Pendleton.
"Restriction as in other forms of restraint is a prudent measure that all law enforcement agencies use in order to ensure those accused of serious misconduct are not allowed to flee or take actions which could endanger law enforcement personnel or hurt themselves while initial allegations are investigated," the statement said.
Jane Siegel, one of the attorneys representing Jodka, said the Marine Corps has made small strides to better the conditions. When she met with Jodka earlier this week, a guard released one of Jodka's hands from the shackles so he could write, Siegel said.
"That was some improvement," she said.
San Diego attorney Jeremiah Sullivan III, who is representing a 20-year-old Navy corpsman, said he is trying to get the Marine Corps to remove the shackles from the men when they leave their cells.
"My client looks like Hannibal Lecter with all of the shackles," Sullivan said Thursday before the military released the statement, referring to a fictional, cannibalistic character in the movie "Silence of the Lambs."
Attorney Thomas Watt of Vista, who said he represents one of the men in custody, disputed the Marine Corps statement that also said the troops are allowed to speak with other inmates in their area of the brig.
"They can maybe talk to the individual next door, but they are not allowed to carry on conversations," said Watt, a retired Marine lieutenant colonel. "They haven't talked to another military soul on a friendly basis since being arrested."
He also objected to the troops being held in maximum custody conditions, calling the extra precautions "ridiculous." He said they should be allowed to move around without shackles when out of their cells and to eat with other inmates.
The statement from Camp Pendleton said the men have access to reading material, music and TV, and can visit a convenience store in the brig. They are supplied with the same meals given other inmates, but must eat in their cells.
The Hamdania case is separate from allegations that up to a dozen Marines from Camp Pendleton's 3rd Battalion, 1st Marine Regiment were involved in the killing of 24 unarmed civilians in the Iraqi city of Haditha last Nov. 19.
No Marines involved in that case have been charged, and none are in custody.
Marine spokesman Nyhart said it remains unclear when the investigations of the two incidents will be completed and when Pentagon brass will decide whether any charges should be lodged.
A preliminary report into whether Marine commanders in Iraq attempted to cover up the Haditha incident was completed nearly two weeks ago and forwarded to Lt. Gen. Peter Chiarelli, the multi-forces commander in Iraq, the military said.
A spokesman for Chiarelli has said the general wants to make sure there were no loose ends before releasing its contents.
In Washington, the House and Senate Armed Services committees are awaiting preliminary reports of the investigations before scheduling hearings into how the military handled the cases.
Josh Holly, spokesman for the House Armed Services Committee chaired by U.S. Rep. Duncan Hunter, R-El Cajon, said Thursday that those hearings may not take place until after Congress reconvenes from its Fourth of July recess.
There is still an outside chance that the hearings, which will be conducted by each branch of Congress over consecutive days, could take place this month but that now looks doubtful, Holly said.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com. Contact staff writer David Sterrett at (760) 740-3516 or dsterrett@nctimes.com.
I would be surprised if the ACLU stepped in on Military justice. Military personel do not have the same rights as civilians. Plus the ACLU hates the military.
And what if there are no charges filed, what then? Probably not even a 'sorry'.
I can only hope they're eating half as good as the mutts in Gitmo.
I've given it some thought, and I've decided not to hold my breath for this one.
I read that this whole thing began when a relative of al-Zobaie came to the gate to claim the marines murdered him.
I have read elsewhere that it had already become a standard practice for families to claim American culpability when one of family members get killed to come to the gate and claim they were killed by yankee bombs or bullets in the hope of getting a blood money payout (standard practice, apparently).
That might have been what happened here, but Michelle Malkin speculated that this might become the next terrorist tactic. After all, if it's this easy to "take out" a bunch of american soldiers without risking your neck, why not shoot your grandma with a stolen M-4 then claim an american killed her?
You can end up in the brig for having sex with your wife...
UCMJ has many hooks in it.
This is outrgeous. They haven't even been charged with a crime. This is beyond reason.........
Well, yeah, if your wife is in Poughkeepsie and your unit is in Iraq...........
This sort of an incarceration is not lightly done by the military. These boys are involved in some bad sh*t.
Under certain circumstances, yes. The UCMJ has no provisions for bail. Suspects can be restricted or placed in the brig awaiting charges and trial. It's up to the local authorities, the serverity of the charges under consideration, etc.
Most smart Grunts learn at MCRD, to AVOID the USMC Brig..
It is not a nice place....
It is a very bleak place...
It is a place to ensure bad people stay put...and humble...
They do NOT tolerate fools...
If you are innocent, and follow instructions - you have nothing to fear....
If you are guilty, be very afraid and very GOOD.
Trust me....
Semper Fi
This whole thing is based on the allegations of the family of a guy digging roadised bombs. Disgusting.
Png for some new information.
Military prosecutors are traitors.
There's one justification for this sort of detention: either (a) there is a credible suicide risk, or (b) there is a credible threat of retaliation against one or more witnesses.
Why?
Has former Senator Bob Kerrey been charged for the self-admitted atrocities he committed while wearing the uniform? Is there a double standard here?
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