Posted on 02/28/2007 5:34:35 AM PST by RedRover
CAMP PENDLETON -- A Marine sergeant accused of leading his platoon in the slaying of an Iraqi civilian last year allegedly told a government investigator he fired three bullets into the man's head immediately after conducting a "dead check" and discovering the man his squad had just shot multiple times was still alive.
Naval Criminal Investigative Service Special Agent James Connolly testified Tuesday that Sgt. Lawrence Hutchins III offered the information without any explanation beyond saying the victim was struggling to breathe when he fired the shots.
Connolly's testimony came at the opening of a two-day motion hearing for Hutchins, who along with seven men under his command was charged with murder and other offenses in the death of Hashim Ibrahim Awad in Iraq. Hutchins' attorneys maintain he is not guilty.
Connolly was part of a team of civilian law enforcement agents in Iraq asked to investigate the April 26 killing after the victim's relatives complained the 52-year-old retired policeman had been dragged from his home in the middle of the night.
"They said they got in a firefight with the guy and shot him," Connolly testified in the small base courtroom while being questioned by one of the prosecutors, Capt. Nicholas Gannon. "He (Hutchins) said the guy was gurgling for his last breaths and that he did a dead check. He said he put three rounds into the guy's head."
Connolly said he had never before heard a reference to a "dead check," and initially had no idea what it meant.
"I didn't know what the standard procedure was for these dead checks, and I wondered if Sgt. Hutchins was a paramedic."
Connolly said that at that point in the investigation he believed the story that members of the platoon from Camp Pendleton's 3rd Battalion, 5th Marine Regiment were telling ---- that they had encountered Awad planting a roadside bomb and had shot him after Awad fired first.
That story fell apart a short time later, however, when one of the eight men charged in the case told investigators the platoon had in fact abducted Awad and planted a stolen shovel and AK-47 assault rifle next to his body after shooting him to death along a roadway a short distance from his home.
Five men, four Marines and the Navy medical corpsman assigned to the platoon have pleaded guilty to their roles in the killing and been sentenced to terms ranging from 12 months to eight years behind bars. Each has said the killing was meant to "send a message" to insurgents in Hamdania that the Marines would not tolerate further attacks.
Connolly also acknowledged that the unrelated deaths of 24 civilians at the hands of a different Camp Pendleton unit in the city of Haditha in November 2005 played a role in the Hamdania incident. The Haditha incident became public one month before the Awad killing.
The agent testified that while a Marine colonel said it appeared that the Awad killing was a "good shoot," commanders needed to be certain because of the uproar over Haditha.
"With Haditha in the news, he wanted to make sure the right things were done," Connolly said.
Hutchins' attorneys are seeking to suppress a statement he made to investigators in which he allegedly acknowledged his role in the killing. Connolly and another agent testified that Hutchins asked for an attorney at one point while being questioned, prompting the interrogation to stop. A few days later, they said, he volunteered to make a statement in which he allegedly admitted his role in the plot.
The defense contends the statement should not be admitted because Hutchins had earlier asked for an attorney (none was available in Iraq) and that it was made under duress.
The hearing continues at 8:30 this morning with more testimony on the suppression issue and on a separate motion in which the defense team wants to travel to Iraq for a second time to prepare its case.
Tuesday's testimony also included statements from two of the men who have pleaded guilty in the case, Pvt. John Jodka III and Lance Cpl. Tyler Jackson.
Jodka testified that it was Hutchins who directed the plan that led to Awad being taken from his home and killed. An Encinitas native now serving 18 months in the brig at Miramar Marine Corps Air Station after pleading guilty to conspiracy and obstruction of justice, Jodka also said Hutchins directed him and his squad mates on several occasions between the killing and mid-May to lie to investigators.
Hutchins, who did not testify during the session, looked intently at Jodka as he testified while rarely looking at his former sergeant.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
BTW, there are interesting reader comments on The North County Times site.
One guy writes:
I can't believe that NCIS agent Connelly never heard of a dead-check or had no knowledge of what it meant. Either he has just proven he's either ignorant of the Marine Corps and what it "trains" Marines in some units to do, or he's misrepresented what he knows to be true.
BTW, if you're interested showing support for the Hamdania Marines, see RaceBannon's post 9 at the link for all the information you need.
Also BTW, to keep tabs on the schedule of hearings at Camp Pendleton in the Hamdania and Haditha cases, go to USMC Iraq Investigations.
I do wonder if Connolly's reference to not knowing the term "dead check" was ignorance or pure bravo sierra. This practice has been around at least since WWII on the Pacific beaches. When an insurgent/terrorist/enemy is down, it behooves our Marines to make sure the enemy can no longer attack. It's cold, but it's reality. Besides how can they prove Hutchins did this without Awad's head?
These pat terms and phrases keep popping up in every hearing. It's as if the prosecution/NCIS are following a script from the NCIS statements. From the article,..."Hutchins, who did not testify during the session, looked intently at Jodka as he testified"... Maybe Hutchins was looking intently at Jodka because Jodka didn't quite follow his "script" during his plea. Jodka said he fired at Awad who was running down the road. Now someone tell me how a man, bound at the feet, runs down the road. Maybe Jodka didn't get the memo on what went down in Hamdania, and Hutchins knows it.
You know what bothered me so much about that statement re: using the dead man's hand to slap himself? Who would say that about one of their brothers? Let's say the whole thing went down the way the prosecution/NCIS said it did. Why wouldn't Bacos hold that comment to himself? This statement was over the top, humiliating to Pennington and the others who were charged. It seemed designed to take the wind out of the sails of the defense. It was not necessary, except for the humiliation factor. Bacos could have taken that comment to the grave and still have kept a clear conscience if he was telling the truth about what happened that night. It was demeaning, but effective at reducing the number of supporters of the Pendleton 8.
you have to remember, Baco's is obligated to say what he has been told to say!! If he dose not, the NCIS and prosecution holds the key's to his release this month!!! He has to do whats asked or he violates his PLEA deal.
The son of a bitch was being an out and out unmitigated, full of himself smart ass- no question, no doubt, reasonable or otherwise.
He should have been laid out right there and then for that remark. But we see, he wasn't.
Well, it seems NCIS agents don't have to answer to military courts. According to a statement by Jonathon Turley in the Daniel King case:
..."13 As noted by LT Freedus, the NCIS operates in military courts with effective immunity. According to military judges, NCIS cannot be held in contempt for misconduct in military courts. Thus, unlike every other police organization, the NCIS knew that no military judge has authority over them in discovery abuses, false testimony and other areas."...
From:http://www.warchronicle.com/TheyAreNotKillers/NCISKingCaseDoc2TurleyStatement.htm
So NCIS agent James Connolly knows he doesn't have to answer to anyone in this hearing.
Ahhhhhhhhhh, but you're wrong.
James Connolly DOES answer to someone.
Hope we get a report on the cross-examination. As you know, ma, there's a special place in hell for enemies of Marines. But I'd like to see the jerkass Connolly get what his comeuppance here on earth.
Bump that.
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