Posted on 09/14/2006 6:23:49 PM PDT by radar101
hearing officer is recommending that the Encinitas Marine accused of kidnapping and killing an Iraqi man face court-martial ---- but the officer's report also highlights weaknesses in the prosecution's case, the accused man's defense attorney said Thursday morning.
The officer's recommendation is based on evidence presented to him Aug. 30 at a pretrial hearing for Pfc. John J. Jodka III.
Col. Paul Pugliese, the investigating officer overseeing Jodka's hearing, found this week that there was enough evidence to send the 20-year-old Jodka to trial, according to Jodka attorneys, Joseph Casas.
Jodka is one of seven Marines and a Navy corpsman accused of snatching 52-year-old Hashim Ibrahim Awad from his home in the rural Iraqi village of Hamdania on April 26, shooting him to death and then staging the killing scene to make Awad appear to be an insurgent.
"It's no surprise that it was recommended to a general court martial," Casas said Thursday, adding that the burden of proof is a low threshold at pretrial hearings. "The government can meet that burden by dumping a stack of papers in front of the investigating officer."
Casas also said he and co-counsel Jane Siegel were pleased with some Pugliese's comments in the report itself, "particularly with regard to the inherent weaknesses in the government's case. (Pugliese) definitely said the government has hurdles to overcome."
Among those challenges, Casas said, is the potential of difficulty of getting testimony from the Iraqi witnesses.
Casas said Pugliese's report also asked Lt. Gen. James N. Mattis to take note of the age and experience level of the Jodka, who is the youngest and lowest ranking of the eight accused men. A native of Encinitas and a graduate of San Dieguito Academy, Jodka was 13 months out of out boot camp when the killing happened, and had been in Iraq for only three months.
The report heads to the Camp Pendleton-based Mattis' top legal advisors for their recommendation on the case. The final decision ---- which ranges from dropping the charges to sending Jodka to court-martial ---- lies with Mattis.
Jodka was one of four of the accused Marines who asked to waive the pretrial hearing, known in military parlance as an Article 32 investigation, and head straight to court-martial.
Mattis denied that request last month, prompting Jodka's attorneys to ask that no witnesses be allowed to publically testify at the hearing. Citing concerns of pretrial publicity, they asked that Pugliese review in private the government's evidence, including statements made by Jodka's co-defendants.
Aside from Jodka, the accused men are Sgt. Lawrence Hutchins III, Hospitalman 3rd Class Melson J. Bacos, Cpls. Marshall Magincalda and Trent D. Thomas, and Lance Cpls. Tyler A. Jackson, Jerry E. Shumate Jr. and Robert B. Pennington.
Another, and better, article.
Remember Ilario Pantano and his book "Warlord".
Support the Pendleton 8, visit the Website.
http://www.pendleton8.com/
Marine Bump!
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).
Please correct me if I am wrong but I don't recall that there was ever an autopsy performed on the supposed victim.
Sen. Hillary Rodham Clinton, D-NY, arrives for the Sept. 11, 2001 commemoration ceremony in New York on Monday, Sept. 11, 2006. This year marks the five year anniversary of the attacks. (AP PHOTO/Justin Lane, pool)
Norm, do you know if there was ever an autopsy performed on this supposed victim?
In this case, I don't believe so, if there was , it was likely done locally.
well then, if no autopsy, then no case.
Case dismissed!
next case...
I don't think there were any done on the Hamandiya or the Haditha accusations.
Great book. And if NCIS was as incompetent and seemingly politically driven in this case as they were in his.....
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