Mom describes nightmare of Marine's incarceration (Charges Navy w/inhumane treatment - Pendleton 8)

World Net Daily ^ | 9/7/06 | Joseph Farah

[NormsRevenge]

The mother of a Marine corporal charged with the murder of an Iraqi along with seven other servicemen says Navy prosecutors are trying to frame the "Pendleton 8" – denying them access to evidence, attempting to coerce confessions and treating them more harshly than terrorist prisoners in Guantanamo Bay.

Leanne Magincalda, mother of Cpl. Marshall Magincalda, blamed leaks by Rep. John Murtha, D-Pa., for creating a climate of witch-hunt hysteria surrounding the case, leading to isolation and harassment of the incarcerated soldiers.

She told WND the parents of the eight have seen most of the evidence against their sons, and it is weak.

"There is absolutely nothing," she said. "No DNA, no witnesses, no NCIS (Naval Criminal Investigative Service) interrogators to question, the autopsy is at best non-supportive of their stance, no physical evidence whatsoever. The statements that they cling so dearly to were coerced over threat of death."

She charged interrogators with subjecting the men to 10-18 hours of non-stop questioning in efforts to break them.

In the latest development in the case, military prosecutors last week submitted maps, letters from Iraq and incriminating statements to military courts in arguing specifically that two of the Marines should be tried in the killing of Hashim Ibrahim Awad, 52, an Iraqi civilian.

"At the end of the day, all we have are unreliable, uncorroborated statements and no physical evidence," said Joseph Casas, the civilian lawyer for Pfc. John J. Jodka, 20. "What the government says happened, didn't happen."

Seven Marines and a Navy corpsman are being held in the Camp Pendleton brig on charges they bound Awad's hands and feet, then shot him on April 26 in Hamdania. Prosecutors say they planted a shovel and AK-47 rifle near his body to make him look like an insurgent.

Last Wednesday's proceedings were the first of eight Article 32 hearings – the military equivalent of a grand jury proceeding – that will be held as prosecutors argue each of the defendants should be court-martialed. They are charged with murder, kidnapping, assault, larceny, conspiracy, housebreaking and making a false official statement.

All eight defendants had faced the death penalty, but prosecutors decided last week not to seek capital punishment for Jodka. They called the death penalty "inappropriate" for him but did not say why.

--snip--

[NormsRevenge]

In the Court of Mom, Mom is always right.

[NormsRevenge]

HELP

http://www.bootmurtha.com/

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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!

[NormsRevenge]

She accuses the military of using death threats against the eight to threats against their fiancés and wives and parents to get them to crack.

"These aren't idle threats, either," she says.

Mrs. Magincalda isn't sure where the pressure is coming from, but she has a guess. She believes the increasing clout of Middle Easterners in the world and within the U.S. is, in part, creating the climate for what she sees as the persecution of her son and his comrades.

"To be quite honest, we have got to be the laughing stock of the world," she said. "Are these men being offered up as some sort of hideous sacrifice to some unknown god? This is a tale of horror. Your own government, your own military, turning its back on their heroes, our heroes, our sons."

[NormsRevenge]

fyi

[wideawake]

And in the courts of the US, the accused is innocent until proven guilty.

And in the courts of rational public opinion, the accused is innocent unless damning evidence is publicly available.

[Non-Sequitur]

"At the end of the day, all we have are unreliable, uncorroborated statements and no physical evidence," said Joseph Casas, the civilian lawyer for Pfc. John J. Jodka, 20. "What the government says happened, didn't happen."

Then they should have no problems obtaining an acquittal.

[npg]

I would really have to think twice now about allowing my children to join the military in this climate.

Our warriors are being sold out to appease and reassure the Muslim world.

[wideawake]

I'm sure she's right.

(1) Prosecutors commonly tell one of a group of accused criminals: "Look, some of you are going to die for this. If you don't cooperate with me, I'll make sure you're one of the guys who gets the needle."

That's a death threat.

(2) Prosecutors commonly tell accused criminals who appear unafraid of a death sentence: "I see your folks are putting up your bail. Gee, I sure hope they've paid all their taxes on their small business. I'd hate to see them get investigated and get 10 years for federal tax evasion."

(3) Many people in the US seem to be bending over backwards not to offend the "religion of peace."

[river rat]

The Marines and their Corpsman have been treated poorly.
Both by the Military and Murtha's MSM buddies.
From my perspective - this BS has gone on too long already..

If these men are convicted on the say so of an Arab Muslim -- without any physical evidence -- using only the "statements" given after interrogation including threats of death we no longer allow for terrorist detainees -- then my faith in the Corps will be shaken to the core.

I don't believe there will be a "murder" conviction.
We'll just have to wait and see.

Semper Fi

[LadyPilgrim]

My Goodness! Stand up and give this woman a hand!
I love the passion she has for her son!
God bless her!!!

"Lord, in Your graciousness, bring confusion to the camp of those trying to prosecute these men! Cause the innocent to rise up far above the dishonorable actions of their persecuters", and we give all honor to You!
Release them Merciful Father, in Jesus name"!

In war we are supposed to kill these terrorists and make sure they are dead!

War is supposed to be bloody and terrible!
But no, we have liberal, lawyers and liberal, tattle-tail reporters,
making sure each step is measured to the detriment of our Military.

Oh my! How I hate untruth!

[Polonius]

She accuses the military of using death threats against the eight to threats against their fiancés and wives and parents to get them to crack.

"These aren't idle threats, either," she says.

So, she's more or less accusing the government of threatening to harm these servicemen's families unless they confess? Either this is a major scandal in the making or this lady is as big a nutcase as the LIHOP/MIHOP folks on the Left.

[Wristpin]

"To be quite honest, we have got to be the laughing stock of the world," she said. "Are these men being offered up as some sort of hideous sacrifice to some unknown god? This is a tale of horror. Your own government, your own military, turning its back on their heroes, our heroes, our sons."

If these men are truly innocent, it seems to me this case is not unlike the Plame investigation. The President requested it to "show he has a scandal free administration".

I've wondered if the military pushed this investigation to show the world that we are "War Crime Free".

[Toby06]

Sickening.

[dfwgator]

A modern-day "Breaker Morant."

[jude24]

If there's anything more useless than the opinion of an accused criminal's mother, I don't know what it is.

[NormsRevenge]

You do realize how many accused Marine moms there are?

You just forgot the sarcasm tag, right? ;-)

[antceecee]

What a despicable comment.

[jude24]

No. I am serious.

I've seen the exact same allegations made by the mothers of ganbangers accused of heinous crimes. Invariably, Mommy complains about how her little boy's rights were violated, how the cops threatened him, and how awful prison is for her little boy.

[NormsRevenge]

I don't think this is quite the same scenario, but thanks for offering your remarks.

[RoadTest]

Did we not send these Marines to Iraq to fight terrorists and install Democracy?

Did we not train them to hunt down the enemy and kill him?

Why are we suddenly treating these obedient soldiers like enemies?

I reserve my foulest invective for those prosecuting these soldiers. May God judge them with as much mercy as they are dishing out.