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Officer recommends Marine (Pfc. John J. Jodka III) stand trial for Iraqi's death - Pendleton 8
ap on Riverside Press Enterprise ^
| 9/13/06
| Thomas Watkins - ap
Posted on 09/13/2006 8:22:33 PM PDT by NormsRevenge
SAN DIEGO
An investigating officer has recommended a court martial for a Marine accused of kidnapping and murdering an Iraqi civilian, the troop's attorney said Wednesday.
The officer reviewed evidence from a preliminary hearing Aug. 30 and recommended this week that there was probable cause for Pfc. John J. Jodka III to stand trial, according to one of Jodka's attorneys, Joseph Casas.
Seven Marines and one Navy corpsman are accused of kidnapping 52-year-old Hashim Ibrahim Awad, taking him to a roadside hole and shooting him to death April 26 in Hamdania, west of Baghdad.
The recommendation followed an Article 32 hearing, in which an investigating officer recommends to a commanding general whether a defendant should stand trial. In this case, Lt. Gen. James Mattis will decide if Jodka faces court martial.
Meanwhile, the investigating officer at a hearing for another defendant, Cpl. Marshall L. Magincalda, said murder charges against that Marine would be tough to prove based on the prosecution's evidence, according to Magincalda's attorney, Joseph Low.
"The investigating officer believes, based on the evidence that was given to him to review, that it would be difficult for the government to prove many of the facts of the murder allegation," said Low.
Casas said the standard to proceed to court martial is fairly low and that investigating officer Col. Paul L. Pugliese found flaws in the prosecution's case.
Casas said Pugliese questioned the availability of many of the Iraqi witnesses and highlighted potential problems with Jodka's charges of making a false official statement and conspiracy. All eight troops face these charges in addition to murder, kidnapping, larceny and housebreaking. Casas did not say what the problems were.
Casas said Pugliese highlighted Jodka's age and rank and said these need to be considered by the commanding general. Jodka, 20, is the youngest and lowest-ranking of the accused.
According to Jodka's charging document, Jodka and four other Marines are alleged to have shot Awad. Magincalda did not, the document states, but he did help kidnap Awad and he put empty AK-47 bullet casings by the victim's body, in an apparent effort to make it look like Awad had fired at the U.S. troops.
Aside from Magincalda, 23, and Jodka, a third Marine has so far had an Article 32 hearing Lance Cpl. Jerry E. Shumate Jr. It was not known if recommendations have been made from that hearing.
Hearings for the other accused troops are expected in coming weeks.
TOPICS: Crime/Corruption; Foreign Affairs; Government; US: California; War on Terror
KEYWORDS: guilty; hamdania; hamdaniya; hangemhigh; jodka; marine; officer; pendleton8; recommends; trial
2
posted on
09/13/2006 8:23:22 PM PDT
by
NormsRevenge
(Semper Fi ......Help the "Pendleton 8' and families -- http://www.freerepublic.com/~normsrevenge/)
To: NormsRevenge
This just makes me sick. Prayers up for these Marines and their families.
3
posted on
09/13/2006 8:27:49 PM PDT
by
Flora McDonald
(got teufelhunden?)
To: NormsRevenge
4
posted on
09/13/2006 8:54:31 PM PDT
by
cgk
(I don't see myself as a conservative. I see myself as a religious, right-wing, wacko extremist.)
To: NormsRevenge
(BTW, I was bumping your post with info to support the Pendleton 8! Can't wait to receive & proudly wear my t-shirt!)
5
posted on
09/13/2006 8:55:36 PM PDT
by
cgk
(I don't see myself as a conservative. I see myself as a religious, right-wing, wacko extremist.)
To: NormsRevenge
BTTT
Support the Pendleton 8.
6
posted on
09/13/2006 9:02:55 PM PDT
by
jazusamo
(DIANA IREY for Congress, PA 12th District: Retire murtha.)
To: NormsRevenge
Put the JAG officer in the same circumstance and see how he would act. These brave guys are in a war and violent things happen in war!
To: NormsRevenge
Shot Awad?
I'm being bad (again). No news here!
8
posted on
09/13/2006 9:24:25 PM PDT
by
308MBR
(islam; so easy a caveman could do it)
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