Alleged confessions may be central to murder case against Marines - Pendleton 8

AP on Bakersfield Californian ^ | 8/31/06 | Thomas Watkins - ap

[NormsRevenge]

Alleged confessions appear to form the crux of the government's case against seven Marines and a Navy corpsman charged with murder, kidnapping and other crimes in an Iraqi man's slaying last April.

Defense attorneys challenge the validity of the statements and say without them the government's case is baseless.

Details about the prosecution's case emerged Wednesday during preliminary hearings for two of eight men accused in the shooting death of 52-year-old Hashim Ibrahim Awad in the village of Hamdania.

At Marine Cpl. Marshall L. Magincalda's hearing, prosecutors submitted a thick packet of evidence and pointed to three documents they say show enough probable cause for his charges to be recommended for court martial.

Prosecutor Capt. Nicholas L. Gannon claimed the evidence included a confession by squad leader Sgt. Lawrence G. Hutchins and a confessional video by Cpl. Trent D. Thomas.

What exactly they allegedly confessed to was unclear; prosecutors did not elaborate.

"Those three pieces of evidence should satisfy the investigation in its current form," Gannon said.

Magincalda's attorney Joseph Low said he would contest the statements. Other defense lawyers have previously said they will try to suppress any alleged confessions if the case goes to trial. They contend investigators used heavy-handed and coercive techniques to obtain them.

The so-called Article 32 hearings convened for Magincalda, 23, and Marine Pfc. John J. Jodka III, 20, are similar to civilian preliminary or grand jury hearings. Under military code, the hearings determine whether the defendants face courts martial.

According to prosecutors, the Marines and sailor kidnapped Awad on April 26, bound his feet, dragged him from his home and shot him to death in a roadside hole. All have been held in the Camp Pendleton brig since May.

At Jodka's hearing, the defense argued vehemently to keep secret "inflammatory" statements made by the private and other Marines, saying they would prejudice any potential jurors in the event of a trial.

Joseph Casas, an attorney for Jodka, said the statements were the only evidence the government had.

"Take the statements out of the picture and I submit to you the government has nothing," Casas said.

In a surprise announcement during Jodka's hearing, prosecutors said they would not seek the death penalty in his case.

It was unclear how their position on the death penalty in Jodka's case would affect other defendants.

Laurie Levenson, a law school professor at Loyola University, said the prosecution's decision not to seek capital punishment was an unusual move possibly aimed at reducing public scrutiny of their case.

"This builds the credibility of the prosecutor," Levenson said. "They will still need to meet their burden (of proof), but I don't think their burden will be as high."

The military has not executed anyone since 1961, when a soldier was hanged for rape and attempted murder, she said.

Gary D. Solis, a former Marine Corps prosecutor and judge advocate who teaches law of war at Georgetown University Law Center, called the move "very weird" and possibly a "tactical error" by the prosecutor.

"The prosecution has nothing to do with it," Solis said of capital referrals.

The other defendants, all members of the Camp Pendleton-based 3rd Battalion, 5th Marine Regiment, are expected to have separate hearings in coming weeks. The charges include kidnapping, murder and conspiracy.

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Associated Press Special Correspondent Linda Deutsch contributed to this report.

[NormsRevenge]

Help the 'Pendleton 8' and their families.

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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

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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

Some web sites with more info and also accepting donations.

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

http://www.pendleton8.com

http://www.marinedefensefund.com/


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

Thanks!

[Prokopton]

"They will still need to meet their burden (of proof), but I don't think their burden will be as high.""

It better be as high, that's the law.

[NormsRevenge]

fyi

[RaceBannon]

let's just say, this doesn't pass the smell test...

[freema]

I'd spent my youth absorbed with distant dreams. When I'm older...When I'm a Marine...It was a distraction that allowed me to not focus on my reality, to bypass my here and now.

Those days were over. In the crucible of Parris Island, I leaned the things I always knew, but had not connected: There is no "deep" fight, no big picture, if you don't survivie the "close" fight first. My inattention to the smallest detail could get me- or worse, one of my buddies-killed. It was fine to dream, when there was time, but now it was time to perform.

WARLORD NO BETTER FRIEND NO WORSE ENEMY - page 32 -Ilario Pantano

[JulieRNR21]

"Gary D. Solis, a former Marine Corps prosecutor and judge advocate who teaches law of war at Georgetown University Law Center, called the move "very weird" and possibly a "tactical error" by the prosecutor."

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These seven Marines and Navy man deserve our support.

I urge every Freeper to please send a contribution to their Defense Fund and then proudly wear their tee shirt:

THE PENDLETON 8: INNOCENT UNTIL PROVEN GUILTY
Go here:

http://rescueattempt.tripod.com/id32.html

[freema]

Thank you! And pardon my typos : (

[SJackson]

Thanks. For those not familiar with Gary Solis, a vietnam vet, he's also the author of Son Thang: An American War Crime. I don't necessarily agree with his conclusion that it was a war crime, but it's a well written book about a very similar incident which relied largely on questionable confessions and testimony which later changed. The other side told in Blue's Bastards: A True Story of Valor Under Fire by Randy Herrod, one of the 2 acquitted defendents. Unfortunately not particularly well written. But interesting, and goes into more detail about Ollie (Blue) North's involvement which was admirable.

[Alamo-Girl]

Thanks for the ping!

[Grampa Dave]

This is starting to sound like the Plame/Wilson BS, which the Compost has confirmed it was a lie started by Joe Wilson.

If these Jag Lawyers are Pink Panty/Perfumed JagOff Princes left over from the Clintoons, and they bsed these charges. They should be tried for sedition and sent to Gitmo with no parole until the WOT is over.

[JulieRNR21]

Thanks for the information on those books.

[Marine_Uncle]

"let's just say, this doesn't pass the smell test..."
Yea. Similiar feeling about the whole frigen deal.

[Guenevere]

bttt

[PhilDragoo]

"alleged confessions"?

Why does this administration continue to allow our fighting men to be attacked while ceding every right, privilege and exception to our enemy?

President Bush, cease friendly fire; direct your fires to the front.

Damn the "new tone"; full speed ahead.

[devolve]

[M. Espinola]

The Marines and a Navy corpsman are being used as fall guys by the government and it is beyond wrong!

[Grampa Dave]

Wow, this has evolved into a good flowing and excellent summary of the rats and Islamofacists in our world, now.

[RS]

I hope these guys are truly innocent, not simply " not proved guilty ".

Soldiers or not, if they have done what it is alleged, I for one don't want them back in society.

[RS]

"are being used as fall guys by the government "

Please explain ... fall guys for what ?
Just what do you think is going on that these guys are taking the heat off of ?