Pendleton Marine pleads not guilty to murder, kidnapping of Iraqi - Pfc. Jodka, Pendleton 8

AP on Bakersfield Californian ^ | 10/4/06 | Thomas Watkins - ap

[NormsRevenge]

A Marine pleaded not guilty Wednesday to murder and kidnapping charges stemming from the death of a civilian man in rural Iraq.

Pfc. John J. Jodka III is one of seven Marines and a Navy corpsman charged with kidnapping and murdering 52-year-old Hashim Ibrahim Awad last April in the town of Hamdania.

He was the first of the eight to be arraigned. The arraignment for Cpl. Marshall L. Magincalda was set for later Wednesday and a third Marine is expected to be arraigned next week. Preliminary hearings for the other troops are expected in coming weeks.

At his arraignment, Jodka spoke little, simply confirming his identity and entering his plea. Through his attorney, Joseph Casas, he said he wanted to be tried by a jury of Marines, rather than by a judge alone.

Jodka wore a short-sleeved khaki service uniform which was decorated with several medal ribbons. He took notes throughout the proceedings.

Judge Col. Steven Folsom said he was concerned with the amount of information that had been disseminated by both civilian defense lawyers and Camp Pendleton on its Web site about Jodka's case. He issued a temporary order prohibiting both the government and the defense from discussing details of the case with the news media.

"There is a real possibility we could have (jury) members from the local Camp Pendleton area," Folsom said. "And I was concerned with pretrial exposure to those members."

Folsom also issued an order prohibiting potential jury members from talking to the press about the case. He ruled that a closed-circuit television feed from court proceedings should remain switched on.

Marine prosecutor Lt. Col. John Baker said he was concerned the order would make it too hard for the public to get information on the case.

"The process seems to be overly mechanical, is not flexible and will delay information getting out," Baker said.

Folsom said the order was not perfect and would be reviewed at a motions hearing Oct. 25. The gag order does not cover the other seven troops - yet.

Both Jodka and Magincalda also are charged with conspiracy and housebreaking. Jodka also faces an assault charge and Magincalda is additionally charged with larceny and making a false official statement. All eight troops have been in the brig since May. Jodka pleaded not guilty to all counts.

Jodka, 20, and Magincalda, 23, face up to life in prison if convicted. The commanding general in the case last week ruled that the two and a third Marine, Lance Cpl. Jerry E. Shumate, should not face the death penalty. Decisions on whether the other five troops should stand trial - and if they will face the death penalty - will come after their preliminary hearings.

According to prosecutors, some of the troops kidnapped Awad on April 26, bound his feet, dragged him from his home and shot him to death in a roadside hole. All have been charged with murder and kidnapping even though charging documents show some of the men did not fire on Awad. This is because they are liable as accomplices, attorneys say.

Charging documents do not spell out a possible motive, but say the group went looking for a known terrorist. When they couldn't find one, the documents say, they entered Awad's home and took him against his will.

Jodka is accused of firing his M-249 squad automatic weapon at Awad, along with four other troops alleged to have opened fire.

Some of the troops - including Magincalda, according to charge sheets - are accused of stealing an AK-47 assault rifle and a shovel and placing them in the hole with Awad's body, apparently to make it look like he was an insurgent planting a bomb. The Navy corpsman is accused of firing the AK-47 in the air and Magincalda of placing the expended shell casings by Awad's body.

Since the start of the Iraq war in 2003, at least 14 members of the U.S. military have been convicted in connection with the deaths of Iraqis. Two received sentences of up to life in prison, while most others were given little or no jail time.

Jodka's trial date was set for March 5, 2007.

[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!

[NormsRevenge]

HELP

http://www.bootmurtha.com/

[jazusamo]

BTTT!! SUPPORT THE PENDLETON 8

[GianniV]

What are the facts of this case?

[cgk]

BTTT!

[HuntsvilleTxVeteran]

Bump

[itsahoot]

What are the facts of this case?

What ever the JAG core says they are.

[Txsleuth]

I just heard Michael Savage say that he had a lawyer for one of the Pendleton 8 on his show...

and that he, Savage gave $10,000 dollars for the defense of these Marines.

Then, he said that this lawyer's client pled GUILTY or plea bargained to turn evidence...

Did you hear anything about that??

[NormsRevenge]

No, I haven't heard anything about anyone copping a plea..

I'll do a little digging and see if there is anything out there.

[Txsleuth]

Thanks, I guess we have to consider the source, Michael Savage...

I don't usually listen to his show...was channel surfing and heard him mention the Pendleton 8...and I posted what I heard.

[RikaStrom]

At the Marines 4 Life luncheon held here in Houston last month, there was a lawyer that was there that is going to be representing one of the eight. He wouldn't say which one, only that they are being railroaded.

The guys were all just furious, heck so were the rest of us, but this guy's a good'un and he's doing the work pro bono.

[NormsRevenge]

I know he has donated proceeds from his latest book and may also he auctioning an auto off as well and donate more.

I give him credit for that and the Pendleton 8 mentions and guests. I occasionally catch a little of him.

The nice thing is there are quite a few decent hosts out there these days to listen in on .. all are unique in their own way,, including but not limited to the mahaRushi , boortz, hannity , ingram, and then there are some that go out into deeper waters and fish for gold in bold and 'innovative' ways, savage, glenn beck, mark levin come to mind .

[Txsleuth]

Hey... the ONE thing I would never take away from Savage is his backing of the troops...I remember he was the FIRST that came out and raised money for the Marine in Falluja, that was exonerated (I am having brain freeze, and can't remember his name).

He was angry tonight about the one Marine...I wish I could remember definitively if he said that soldier pled guilty or plea bargained....but whichever one...Savage was angry about how it will affect the rest of the "8".

If you find anything more about it..please ping me, okay?

[NormsRevenge]

No problem.. will do!

[NormsRevenge]

This was posted earlier while wifey and I were out, looks like Savage saw it hit the wire and passed it on, sounds like the Navy Corpsman is the one plea dealing, we'll have to see what shakes out..

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Plea deal said in the works for Hamdania defendant; Corpsman

http://www.freerepublic.com/focus/f-news/1713400/posts

[oceanview]

I heard it too, but can't find any stories on it.

[oceanview]

it doesn't indicate whether his plea involved testifying against the others.

[Txsleuth]

He didn't implicate them...but by pleading to what he DID...it could hurt the others...unless they say that he was by himself...ugh

Thanks for the link, NR!! Will keep checking on the others...

[NormsRevenge]

a bit more, found this on Pajamas Media

Sailor to Testify in Iraqi Murder Case
Thomas Watkins - ap

http://news.pajamasmedia.com/2006/10/05/11210483_Sailor_to_Testif.shtml

CAMP PENDLETON, Calif., Oct. 5, 2006 (AP Online delivered by Newstex) -- A Navy corpsman accused of kidnapping and murdering an Iraqi man will give testimony about seven Marines' role in the incident in return for having charges against him dropped, his attorney said Wednesday.

Petty Officer 3rd Class Melson J. Bacos was a medic who patrolled with the Marine squad that allegedly kidnapped and murdered 52-year-old Hashim Ibrahim Awad last April in the town of Hamdania. All eight were charged with crimes including premeditated murder and kidnapping.

"We have reached an agreement with the government which will take Bacos out of harm's way," attorney Jeremiah Sullivan III told The Associated Press.

Under the deal, Bacos will give details of the incident Friday morning at a general court martial at Camp Pendleton, Sullivan said. In return, all of the charges against him will be dismissed. But he will plead guilty to two new charges, said Sullivan, who declined to elaborate.

When asked if Bacos would be freed after Friday's testimony, Sullivan said he would not be.

Marine Lt. Col. Scott Jack, Bacos's military attorney, also declined to elaborate on the deal, but said: "It is a very beneficial agreement for Bacos, and gives him an extremely bright future."

Marine spokesman Lt. Col. Sean Gibson said it would be inappropriate to comment on any potential negotiations between the accused and the prosecution.

Also Wednesday, Pfc. John J. Jodka III and Cpl. Marshall L. Magincalda, who are among seven Marines charged, entered not guilty pleas in a military court.

Jodka, 20, and Magincalda, 23, appeared in short-sleeved khaki uniforms decorated with medal ribbons, and both said little.