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Mom describes nightmare of Marine's incarceration (Charges Navy w/inhumane treatment - Pendleton 8)
World Net Daily ^ | 9/7/06 | Joseph Farah

Posted on 09/08/2006 10:27:10 AM PDT by 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--


TOPICS: Crime/Corruption; Foreign Affairs; Government; US: California; War on Terror
KEYWORDS: guilty; hamdania; hamdaniya; hangthem; incarceration; inhumanetreatment; marine; nightmare; pendleton8; theydidit; treason
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In the Court of Mom, Mom is always right.
1 posted on 09/08/2006 10:27:12 AM PDT by NormsRevenge
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To: All

HELP

http://www.bootmurtha.com/






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


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!

2 posted on 09/08/2006 10:27:59 AM PDT by NormsRevenge (Semper Fi ......Help the "Pendleton 8' and families -- http://www.freerepublic.com/~normsrevenge/)
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To: 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."


3 posted on 09/08/2006 10:28:37 AM PDT by NormsRevenge (Semper Fi ......Help the "Pendleton 8' and families -- http://www.freerepublic.com/~normsrevenge/)
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To: freema; RaceBannon; radar101

fyi


4 posted on 09/08/2006 10:30:00 AM PDT by NormsRevenge (Semper Fi ......Help the "Pendleton 8' and families -- http://www.freerepublic.com/~normsrevenge/)
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To: NormsRevenge
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.

5 posted on 09/08/2006 10:30:14 AM PDT by wideawake ("The nation which forgets its defenders will itself be forgotten." - Calvin Coolidge)
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To: NormsRevenge
"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.

6 posted on 09/08/2006 10:30:31 AM PDT by Non-Sequitur
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To: NormsRevenge

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.


7 posted on 09/08/2006 10:33:25 AM PDT by npg
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To: NormsRevenge
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."

8 posted on 09/08/2006 10:35:31 AM PDT by wideawake ("The nation which forgets its defenders will itself be forgotten." - Calvin Coolidge)
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To: NormsRevenge
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
9 posted on 09/08/2006 11:13:35 AM PDT by river rat (You may turn the other cheek, but I prefer to look into my enemy's vacant dead eyes.)
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To: NormsRevenge

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!


10 posted on 09/08/2006 11:17:23 AM PDT by LadyPilgrim ((Sealed my Pardon with HIS BLOOD!!! Hallelujah!!! What a Savior))
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To: 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.

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.

11 posted on 09/08/2006 11:25:21 AM PDT by Polonius (It's called logic, it'll help you.)
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To: Polonius

"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".




12 posted on 09/08/2006 11:34:57 AM PDT by Wristpin ("The Yankees announce plan to buy every player in Baseball....")
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To: NormsRevenge

Sickening.


13 posted on 09/08/2006 11:38:39 AM PDT by Toby06
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To: NormsRevenge

A modern-day "Breaker Morant."


14 posted on 09/08/2006 11:39:05 AM PDT by dfwgator
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To: NormsRevenge

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


15 posted on 09/08/2006 11:43:03 AM PDT by jude24 ("I will oppose the sword if it's not wielded well, because my enemies are men like me.")
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To: jude24

You do realize how many accused Marine moms there are?

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


16 posted on 09/08/2006 11:46:23 AM PDT by NormsRevenge (Semper Fi ......Help the "Pendleton 8' and families -- http://www.freerepublic.com/~normsrevenge/)
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To: jude24

What a despicable comment.


17 posted on 09/08/2006 11:47:32 AM PDT by antceecee (Western countries really aren't up to winning this war on terror... it might offend the terrorists.)
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To: NormsRevenge
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.

18 posted on 09/08/2006 11:49:12 AM PDT by jude24 ("I will oppose the sword if it's not wielded well, because my enemies are men like me.")
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To: jude24

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


19 posted on 09/08/2006 11:51:27 AM PDT by NormsRevenge (Semper Fi ......Help the "Pendleton 8' and families -- http://www.freerepublic.com/~normsrevenge/)
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To: NormsRevenge

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.


20 posted on 09/08/2006 11:54:39 AM PDT by RoadTest (- - - for without victory there is no survival. -Winston Churchill)
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