No Death Penalty for Marine

Associated Press ^ | August 31, 2006 | Associated Press

[Dubya]

CAMP PENDLETON, Calif. - The government will not seek the death penalty against a Marine Corps private who is among eight service members charged with murder and other crimes in the shooting of an Iraqi civilian, a military prosecutor said Wednesday.

Lt. Col. John Baker announced the prosecution's position during a hearing for Pfc. John J. Jodka III, 20. A Camp Pendleton spokesman said the prosecutor's statement applied only to Jodka, not the six other Marines and one Navy corpsman also charged in the case.

The hearing for Jodka and a separate one for another Marine, Cpl. Marshall Magincalda, 23, are part of the process to determine whether the defendants should face courts-martial.

The Marines and corpsman are charged in the shooting of Hashim Ibrahim Awad, 52, in the village of Hamdania. Iraqi witnesses told the military that Marines and a Sailor kidnapped Awad on April 26, bound his feet, dragged him from his home and shot him to death in a roadside hole.

Jodka is accused of firing on Awad. Magincalda is suspected of binding Awad's feet and kidnapping him.

Jodka, in desert fatigues, watched the proceeding calmly. Asked at one point whether he wanted to make a statement, he said firmly, "No, sir."

Lawyers for Jodka argued vehemently that "inflammatory" statements made by the private and other Marines should be kept secret before trial.

Retired Col. Jane Siegel, who represents Jodka, said disclosing the 16 statements about the incident during a highly publicized hearing would hurt jury selection for Jodka's expected court martial.

"To openly discuss contents will completely pollute the local and national jury pool," Siegel said. "Some of it is very inflammatory."

A separate proceeding on Wednesday for Magincalda lasted only 30 minutes.

Investigating officer Col. Robert S. Chester, who is hearing the case, said the defense had asked for the hearing to be closed to the public, fearing publicity might hurt Magincalda's ability to receive a fair trial.

Chester opposed the request, saying the public has a "very compelling right to hear these proceedings."

Chester said he would tell prosecutors by Friday whether he had questions about any of their evidence.

Prosecutor Capt. Nicholas L. Gannon urged Chester to focus on statements by three members of the squad, including an alleged confession by squad leader Sgt. Lawrence G. Hutchins III.

The hearings held under Article 32 of the Uniform Code of Military Justice are equivalent to civilian preliminary or grand jury hearings.

Both defendants have been held in the Camp Pendleton brig since returning from Iraq.

The Marines have the opportunity to mount a defense, call witnesses or even testify themselves. Their lawyers were expected to challenge use of the defendants' pretrial statements by contending they were subjected to heavy-handed inquiries with threats of the death penalty.

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.

[Dubya]

He got it, the first since 2004. That is one of the longest no no-hitter stretch in a number of decades.

?

[Dubya]

Body Armor Claim Deadline Approaching
Soldiers have until Oct. 3 to file claims for reimbursement of certain private purchases of protective, health and safety equipment such as body armor. Purchases qualify if they were made between Sept. 11, 2001 and April 1, 2006 and if they were made in anticipation of or during the servicemember’s deployment to Iraq or Afghanistan. Claims should be filed with the Soldier’s current unit. Former Soldiers should mail their claims to the U.S. Army Claims Service at Fort Meade, Md. More information on the reimbursement program is available at www.jagcnet.army.mil. Follow the link to the “Protective Gear Reimbursement Program.”

[olezip]

Thanks to deep prejudice by the likes of Murtha, the Pendleton 8 are suffering humilation and worse in a politically motivated activity by our own military. IMO our marines are heroes and should be given medals for what they do. At the least all of our military should have blanket amnesty when they are in a war zone. Instead we accept the word of the enemy to hurt our own. Just like Clinton helped muslims kill Greek Catholics (Serbs), we seem all too willing to help the Islamofacists hurt our own sons and daughters! The enemy really enjoys doing us in with our own technology (e.g. 9/11).

[Dubya]

IMO our marines are heroes and should be given medals for what they do.

Me too.

[sandra_789]

The military is dancing for the left wing scum.

[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!

[jeremiah]

Divide and conquer has begun, or divide and turn states evidence. I will be willing to bet that the PVT will be the one copping to the "crime".

[G-Man 1]

Do the show and let them go.