Posted on 08/29/2006 12:03:10 PM PDT by radar101
Joseph Casas isn't worried about the national spotlight on hearings set to start tomorrow at Camp Pendleton for the Hamdaniya case. He is worried about what potential jurors might hear from prosecutors accusing his client and seven others of killing a man in Iraq.
Casas and Jane Siegal are representing Pfc. John Jodka III of Encinitas, one of two Hamdaniya suspects scheduled to undergo pretrial proceedings tomorrow morning. The other defendant is Cpl. Marshall L. Magincalda.
Jodka and Magincalda are among seven Marines and a Navy corpsman charged with killing a civilian April 26 in Hamdaniya and then attempting to cover it up. In coming weeks, the suspects' hearings will help determine whether they should be tried by courts-martial.
At tomorrow's sessions, prosecutors are likely to introduce incriminating statements that investigators obtained during their questioning of the men, Casas said yesterday. The remarks could prove pivotal, he said, if they taint the jury pool and undermine public support for the defendants.
“The government has evidence that on its face does not look good (for the accused), but it was illegally obtained,” said Casas, who wouldn't be more specific about the nature of the statements or the wrongs he believes the investigators committed while getting them.
Magincalda's attorney, Joseph Low, declined to confirm the existence of such statements.
“I don't know what the prosecution is going to do,” he said. “If I had condemning evidence, it would be a big part of my case.”
Marine spokesman Lt. Col. Sean Gibson said only that prosecutors would present the evidence necessary to inform the investigating officers, who will oversee the hearings and then recommend whether the defendants should go to trial.
Lt. Gen. James Mattis, commander of the 1st Marine Expeditionary Force at Camp Pendleton, will review those recommendations before making a decision about the courts-martial.
The investigating officers for tomorrow's hearings are expected to be Col. Robert Chester and Lt. Col. Paul Pugliese. Chester is a judge at Camp Pendleton who recently presided over cases involving detainees in Guantanamo, Cuba. Pugliese is a Marine reserve officer and an assistant U.S. attorney in Reno.
ping
My question is in what manner did they obtain any statements from the men? There was a lot of talk early on that these servicemen were subjected to very coercive techniques while being interrogated. They were probably much harder on our own men than they are on the Gitmo jihadists. Interrogation done well will bring about all kinds of information, not necessarily factual.
Well, we Marines appreciate your support.
As one who "walked point" in Nam in 1969 & 1970, there wasn't a day we were attacked and returned fire that undoubtedly there wasn't collateral damage.
But anyone who has ever been in combat and has had to clear out a village and/or urban area will tell you that they find it verrrrry hard to believe that these Marines purposely went into these houses and committed cold blooded murder. I have personally met many of the Marines from the Fifth Marines serving in Iraq and you couldn't have met a finer bunch of young men. "Murderers?" It is just not in our DNA!
I have been predicting since the beginning of this investigation that I expect these Marines will be exonerated.
I only hope that the MSM will be as diligent in reporting their innocence. But we Marines won't be holding our collective breath.
Semper Fi,
Kelly
"I have been predicting since the beginning of this investigation that I expect these Marines will be exonerated.
I only hope that the MSM will be as diligent in reporting their innocence. But we Marines won't be holding our collective breath."
This USAF Aiman is with them too. I want them exonerated too and like you I'm holding my breathe too. I never packed the gear they have, though in my Heart and Mind I'm standing beside them; whether they are locked up or in the courtroom. God Bless these Marines and the Navy medic, because they are some of the many reasons that the Stars and Stripes are still flying.
Don't be hesitate! Stand behind, defend, and support the Pendleton 8!
"I am rooting for these guys". So am I and donated money for their defense. I'll believe American Marines before I'll believe folks who are known to lie.
"I am rooting for these guys". So am I and donated money for their defense. I'll believe American Marines before I'll believe Iraqi folks who are known to lie for whatever reason.
The Government has no case it can prove using an Iraqi witness or unless it turns one of the Pendleton eight against the rest.
That is the only reason they have been kept in confinement, to break one of them and make him turn against the rest.
If they were guilty one of them would have rolled over by now.
Just remember these Marines & all Marines in your prayers.
That would be a wealth of a "donation!"
Thank you again for your support and your service.
With the Grace of God, I fully expect these Marines & Corpsman to be exonerated.
Semper Fi,
Kelly
Thank you for your service, Marine!
Welcome home & welcome to FR!
Please stay close to FR & keep FReepers who have not been in combat and/or not been to Iraq informed on what exactly was going on when you were there.
If you were ever at "Blackies" in Newport Beach;
we may have met!
Saddle Up! :-]
Semper Fi,
Kelly
"C" 1/5
Thank you from the bottom of my heart for your honorable service to this nation and the cause of liberty! You, and the men and women like you, pay the way for me and my family to continue to live in peace and freedom. I deeply appreciate it.
Hey its my pleasure. I just did what I signed up to do.
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