Waiver of pretrial hearing denied for Hamdania defendants - Pendleton 8

North County Times ^ | 8/22/06 | Teri Figueroa and Mark Walker

[NormsRevenge]

CAMP PENDLETON -- The Marine Corps announced late Tuesday afternoon that it will not waive pretrial hearings requested by four of eight Camp Pendleton troops accused of kidnapping and murder in the death of an Iraqi man.

Maj. Jeff Nyhart said the decision was made by the commander of U.S. Marine Forces and issued the following prepared statement.

"In order to make a fair and impartial decision on the disposition of these cases, the commander ... wants the impartial analysis of the charges and evidence afforded by an Article 32 investigation," the statement said.

Last week, civilian attorneys for four of the men said they wanted their cases to move directly to trial and expressed frustration that the Article 32 hearings, equivalent to a grand jury hearing in civilian court, will be nothing more than formality.

Joseph Casas, an attorney for one of men who requested the waiver, Pfc. John Jodka of Encinitas, said he was not surprised by the announcement.

"The chess game continues," he said. "I believe the Marine Corps is overstepping Pfc. Jodka's rights. I wonder why the government is so scared to go to trial."

Jodka, six other Marines and a Navy corpsman are charged with premeditated murder and related offenses in the April 26 death of Hashim Ibrahim Awad. The other accused troops are Sgt. Lawrence G. Hutchins III, Hospitalman 3rd Class Melson J. Bacos, Cpls. Trent Thomas and Marshall Magincalda, and Lance Cpls. Tyler A. Jackson, Jerry E. Shumate and Robert B. Pennington.

Each faces the possiblity of the death penalty if convicted.

Those who sought to waive their Article 32 hearings were Jodka, Shumate, Thomas and Magincalda.

The first Article 32 hearing in the case is set for Sept. 12.

In another development, a Marine colonel sitting as a magistrate ruled Tuesday that Jodka will not be released from the Camp Pendleton brig.

In finding that he should remain in jail, the magistrate, cited the seriousness of the charges against the 20-year-old, said Siegel and co-counsel Joseph Casas. The magistrate's name was not immediately available.

The attorneys said they knew securing his release was a longshot and that while they lost the bid, they said they were buoyed by testimony from senior ranking enlisted men who testified during the hearing that took place in a Camp Pendleton courtroom over two days, Friday and Monday.

Gunnery Sgt. Keith Brockmann and Sgt. Major Michael Kufchak testified that they would be willing to watch Jodka if he were released, the attorneys said.

Casas also said the two career Marines testified that they did not believe Jodka would be a flight risk, and that they stand firm in the presumption of his innocence.

Casas characterized the hearing as bittersweet.

"It was reassuring to hear that top enlisted Marines with close ties to the Camp Pendleton 8 have faith in the presumption of innocence and have faith in their Marines," Casas said. "It is very reassuring that they have not turned their backs."

[NormsRevenge]

Help the 'Pendleton 8' and their families.

---

Charity for the Pendleton 8. Click here. Paypal Available!! For every donation of $20, the doner will receive a free T-shirt to help spread the news of these brave Americans. Be sure to include your size of MEdium, Large, X-Large or XX-Large. Click on the T-shirts for a direct link to PAYPAL.
PAYPAL VERIFIED ACCOUNT

---

The 'Pendleton 8': A look at the 7 Marines and Navy corpsman charged in Hamdania incident
http://www.freerepublic.com/focus/f-news/1670877/posts

VIDEO-Camp Pendleton demonstration for Marines
http://www.freerepublic.com/focus/news/1655852/posts

Marine families wait and worry; (Frustrations, anger expressed by relatives of Pendleton 8)
http://www.freerepublic.com/focus/news/1671948/posts

-0-

Attorney: Col. visited ‘Pendleton 8’ before announcing charges
Navy Times article - 07/28/06

Accused troops' supporters busy fundraising - Hamdaniya / 'Pendleton 8' defense funds ^
http://www.freerepublic.com/focus/news/1654104/posts

Dozens rally at Camp Pendleton gates(24 June 2006) ^
http://www.freerepublic.com/focus/f-news/1655341/posts

Military justice under spotlight in Hamdania case - 'Pendleton 8' - 7 Marines, 1 Navy Corpsman ^
http://www.freerepublic.com/focus/f-news/1655333/posts

Lawyers for Marines, medic plan counterattack in Iraq murder case - Hamdaniya - 'Pendleton 8' ^
http://www.freerepublic.com/focus/f-news/1656712/posts

FREE REPUBLIC EXCLUSIVE: DIRECT INFORMATION ON THE 7 MARINES AND SAILOR HELD FOR MURDER
http://www.freerepublic.com/focus/f-news/1659084/posts

Defending the accused: Many attorneys in Hamdania case practiced law .. in military - 'Pendleton 8'
http://www.freerepublic.com/focus/f-news/1659351/posts

Letter reportedly from accused servicemen expresses thanks(Camp Pendleton 8)
http://www.freerepublic.com/focus/news/1660140/posts

Delay is likely for (Camp)Pendleton(8) hearings
http://www.freerepublic.com/focus/news/1668925/posts

Attorneys for accused troops say Marine Corps hampering defenses
http://www.freerepublic.com/focus/news/1669976/posts

-0-

Some of the familes and supporters of the 7 Hamdaniya Marines & a Navy Corpsman, now charged with multiple criminal offenses, have setup web sites for use in accepting donations for legal defense funds or sending notes of encouragement and support to the detainees and their families.

Cpl. Robert Pennington
http://www.defendrob.com

PFC John Jodka
http://www.innocentmarine.com

Tyler Jackson
http://www.fightingfortyler.com

Cpl. Marshall Magincalda
http://www.defendourmarine.com

Cpl. Trent Thomas
http://www.defensefundformyhero.com

Lance Cpl Jerry Shumate
http://friendsofjerry.blogspot.com/


Hospital Corpsman Third Class Melson J. Bacos
http://patriotdefensefund.com/


Other sites supporting the men:

http://www.defendthetruth.com

http://www.warrior-fund.org

If your financial situation permits, please help as you can to cover legal representation costs.

Thanks!

[Dick Vomer]

Is there anyway to find out who the JAG off or CO was that decided to bring Article 32 hearing on these men.

Or was this a cluster f#ck by the press and a couple of framed fauxtographers/journalists who have an agenda, and will look at any and all civilian casualties as "murder".

I still think that these guys were cut loose in order to prove a point to the Army and others at the Pentagon that the Marine Corp "can investigate" as well as the Army for "war crimes"..... bunch of f'ing pussies.

I think the longer this Iraqi T.O. is open the more political bs is going to happen.

Nobody kills like that in front of a bunch of witnesses..... from what I've heard/

[freema]

Pendleton 8 update.

[freema]

I like your tag line.

I once saw a neat bumper sticker. It said, "Mean people suck." So I got one for my car.


Then I found out that there was more to it than that...


The other half of the phrase was about what nice people do : O

LOL!

[Marine_Uncle]

Thanks for ping.

[SuzyQue]

Hmmmm. I'll have to think about that.

[RaceBannon]

Thank you, my friend.

[freema]

Don't make me explain it. LOL!

[HiTech RedNeck]

That tee shirt is going to look pretty stupid in retrospect, however, should reliable evidence actually back up the charges.

[flightline]

I am here!! These guy's started this two weeks ago! all eight were going to do the same, as far as a forced article 32, It tells me the case is week and the gov. not the corp's wants time to stack the deck!!! If the article 32 was waived, the gov. would have to turn over all details of the case in a discovery type discloser, It dose not seem to be the case!!! so what do they have or what do they not have????? This is out of control, There is a meeting today with a commander of Marines, We shall see what it brings

[JulieRNR21]

That tee shirt is going to look pretty stupid in retrospect, however, should reliable evidence actually back up the charges.

There is nothing 'stupid' about the message on that tee shirt.

It states that the seven Marines and one Navy hospitalman are entitled to the same Judicial Due Process of all Americans....that they are to be considered INNOCENT UNTIL PROVEN GUILTY!

[Coop]

It never ceases to amaze me how many people struggle to grasp the most basic premise of our law - presumption of innocence.

[E.G.C.]

BTTT

[W04Man]

YOU HAVE GOT TO BE KIDDING! YOU ARE SICK.

OH, AND IN RETROSPECT, MY "KERRY SUCKS" TSHIRT WOULD ALSO HAVE BEEN, BUT IT WASN'T.

YOUR RETROSPECTIVE STUPIDITY WILL ALSO LOOK PRETTY STUPID!

[RaceBannon]

No offense, but just what is so offensive about being treated as innocent before PROVEN guilty??

There hasn't even been a HEARING on whether this is going to trial yet, and you have them convicted???

[river rat]

"That tee shirt is going to look pretty stupid in retrospect, however, should reliable evidence actually back up the charges."

"Innocent until proven guilty"?

Not at all -- the statement is the foundation of our Civil and Military Judicial System...

Your statement is more in error and open to immediate ridicule -- since there have been NO CHARGES FILED - and NO DECISION TO FILE CHARGES yet.

I have total confidence in the Marine Corps and its integrity to apply the UCMJ in a just manner...
I will NOT critize any decision that is based on REAL EVIDENCE -- and not on any lying Arab's testimony or Murtha's personal assessment of the fire fight scenario.

I retain 100% confidence in the outcome, even though I detest the manner in which these Marines and their Corpsman have been treated to date.

Semper Fi

[phoenix0468]

It's pretty sad when the trial is held as a kangaroo court in the media long before it ever gets to a jury isn't it? The media should not be allowed to comment on an investigation until the trial has at least been started and the jurors sequestered or told not to pay any attention to the media.

[Marine_Uncle]

Well. Murtha and crew have done a splendid job. So many have been suckered in. At this juncture in time with so many articles being posted at FR, with solid comments on what has been established and what has not, it is rather strange everyone does not understand no formal charges have been filed against anyone, let alone any hearings coming forth to date.
Perhaps HiTech simply has not understood thus far, the eight are as innocent as he is on what some Iraqi anti-American's have charged them with.

HiTech. I charge you with stealing my case of beer. Now are you guilty of the charge I make against you?
There has been no trial as of yet to prove my claim is true, and for that matter no formal hearing to investigate if what I charge you with is true or false.
That is where these eight stand at this point. They are innocent until proven guilty. That is all we are saying.

[freema]

I guess the t-shirt won't look quite as stupid in retrospect as that comment looks now.