Posted on 06/16/2006 1:26:08 PM PDT by Dubya
CAMP PENDLETON ---- The Marine Corps on Thursday defended the treatment of seven Marines and a Navy corpsman being held in the base brig as investigators probe the alleged killing of an Iraqi civilian on April 26.
The men from the Camp Pendleton's 3rd Battalion, 5th Marine Regiment's Kilo Company are being investigated by the Naval Criminal Investigative Service for the alleged kidnapping and slaying of 52-year-old Hashim Ibrahim Awad al-Zobaie.
Family members of the servicemen have told the media that they are being held in solitary confinement.
A base spokesman disputed that characterization Thursday, saying none of the eight are in solitary confinement.
In a written statement, the Marine Corps said each is considered a "maximum restraint" inmate kept alone in an 8-by-9 cell furnished with a bed, mattress, toilet, sink, desk and storage locker.
Each cell has a window allowing for plenty of sunshine, and the troops are allowed one hour a day in the recreation yard, according to the statement issued by Maj. Jeff Nyhart.
But attorneys and family members for the men complained Thursday that hand and leg cuffs used when they are outside their cells are excessive and that other conditions of their confinement are unwarranted.
The father of Pfc. John Jodka III of Encinitas said he has visited his 20-year-old son three times and considers his son in solitary confinement.
"I don't know Webster's definition for solitary confinement, but this seems pretty close to the mark," said his father, John Jodka Jr.
He said the men must eat in their cell and have to yell down a hallway to communicate with fellow inmates. The men can make phone calls, but the receiver has to be handed to them through the door, Jodka said.
While none have been charged, the troops have been held behind bars for more than three weeks. Each has appeared before a base officer acting as a magistrate who concurred with the decision to keep them in custody. Four other Marines from the squad are considered material witnesses and are restricted to base.
Nyhart said it remains unclear when the investigation of the incident will be completed and when Pentagon brass will decide whether any charges should be lodged.
In its statement, the Marine Corps said hand and leg cuffs are appropriate and that it is following Defense Department and Navy regulations. The men were detained in Iraq on May 10 and have been behind bars since May 25, one day after arriving back at Camp Pendleton.
"Restriction as in other forms of restraint is a prudent measure that all law enforcement agencies use in order to ensure those accused of serious misconduct are not allowed to flee or take actions which could endanger law enforcement personnel or hurt themselves while initial allegations are investigated," the statement said.
Jane Siegel, one of the attorneys representing Jodka, said the Marine Corps has made small strides to better the conditions. When she met with Jodka earlier this week, a guard released one of Jodka's hands from the shackles so he could write, Siegel said.
"That was some improvement," she said.
San Diego attorney Jeremiah Sullivan III, who is representing a 20-year-old Navy corpsman, said he is trying to get the Marine Corps to remove the shackles from the men when they leave their cells.
"My client looks like Hannibal Lecter with all of the shackles," Sullivan said Thursday before the military released the statement, referring to a fictional, cannibalistic character in the movie "Silence of the Lambs."
Attorney Thomas Watt of Vista, who said he represents one of the men in custody, disputed the Marine Corps statement that also said the troops are allowed to speak with other inmates in their area of the brig.
"They can maybe talk to the individual next door, but they are not allowed to carry on conversations," said Watt, a retired Marine lieutenant colonel. "They haven't talked to another military soul on a friendly basis since being arrested."
He also objected to the troops being held in maximum custody conditions, calling the extra precautions "ridiculous." He said they should be allowed to move around without shackles when out of their cells and to eat with other inmates.
The statement from Camp Pendleton said the men have access to reading material, music and TV, and can visit a convenience store in the brig. They are supplied with the same meals given other inmates, but must eat in their cells.
The Hamdania case is separate from allegations that up to a dozen Marines from Camp Pendleton's 3rd Battalion, 1st Marine Regiment were involved in the killing of 24 unarmed civilians in the Iraqi city of Haditha last Nov. 19.
No Marines involved in that case have been charged, and none are in custody.
Marine spokesman Nyhart said it remains unclear when the investigations of the two incidents will be completed and when Pentagon brass will decide whether any charges should be lodged.
A preliminary report into whether Marine commanders in Iraq attempted to cover up the Haditha incident was completed nearly two weeks ago and forwarded to Lt. Gen. Peter Chiarelli, the multi-forces commander in Iraq, the military said.
A spokesman for Chiarelli has said the general wants to make sure there were no loose ends before releasing its contents.
In Washington, the House and Senate Armed Services committees are awaiting preliminary reports of the investigations before scheduling hearings into how the military handled the cases.
Josh Holly, spokesman for the House Armed Services Committee chaired by U.S. Rep. Duncan Hunter, R-El Cajon, said Thursday that those hearings may not take place until after Congress reconvenes from its Fourth of July recess.
There is still an outside chance that the hearings, which will be conducted by each branch of Congress over consecutive days, could take place this month but that now looks doubtful, Holly said.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com. Contact staff writer David Sterrett at (760) 740-3516 or dsterrett@nctimes.com.
Yesa, I know.
Sorry if this has already been posted; we just got home a half hour ago and I'm not caught up on reading a few things.
This article details that FINALLY the shackles have been removed from the Marines and one sailor.
http://marinetimes.com/story.php?f=1-292925-1875786.php
That should be "Yes, I know."
Me, too.
So you think Bush is directing their confinement?
Let's see. You signed up 19 days ago, and you are accusing Bush of directing harsh treatment towards troops, when 1) There is no evidence for that and 2) Bush has never been anything more than supportive of our military.
If this confinement is being done according the UCMJ, and a military judge approved it, your accusation is suspect, as your motives for posting it.
What if, as initial reports indicate, these 8 grabbed this man and killed him, then made it look like he was planting a bomb, because, as has been alleged, he would not be an informant?
The investigation is ongoing. There is a reason the Marines feel that these men need to be detained in the manner in which they are.
I served three years active duty in the Marine Corps and have a Honorable Discharge. One thing I learned early on in the Corps ... it can be chicken shit ... and holding these Marines in the brig only reinforces that impression.
Yeah, we are on the wrong side for the liberals to help.
Thing is that if the other side would cut the liberal's throats faster than they would ours if they could.
The liberals are so blinded in their hatered for us, they refuse to recognize this.
Take care. The P-40 is one of my favorite airplanes [War Birds].
Let's see we have have some Jarines and a squid in jail in solitary for being accused of killing in a war. What ever happened to their are no innocents in war? War happens and people die soldiers, civilians, and beast. This is more PC nonsense coming down from the Pentagon. The Sec of Defense needs to act like he's fighting a war and not a blasted Peace Corp nation building type of MR Rogers It's a wonderful day in the neighborhood Military. Relieve Rummy for starters for allowing this PC nonsense to take place during time of war.
This very type of P.C. crap has lost us the three last wars is he trying for number 4? The moral answer to fight a war? Read the Bible. Read the battles of Joshua and tell me then anyone that those men deserve confinement.
When the acts of soldiers and sailors start getting second guessed in war especially in one such as this where multiple factions {tribes} may be the next person to kill you, a lot of margin of error must be allowed. IOW keep it up and morale will soon nil. Didn't they learn anyrhing from Korea and Nam? Obviously our Sec of Def and others in fact haven't.
There is still no justification for the shackles and chains routine, however.
We are giving the worst terrorists in the world "white glove" treatment at Gitmo and are going Medieval on these Marines (read Marines, not convicts).
It's disgraceful. The "Crotch" is reverting to it's former self.
As a former Marine (45 years ago), I am outraged over this travesty.
Actually it pisses me off. I guess this is military procedure to hold people until they are charged?
It pisses me off as well, but in the eyes of the law they could be charged with murder which is why they are in preconfinment. I just can't believe that this whole situation is happening. I feel bad for them and the family. Hope everything will turn out good.
I can't explain why the restraints are being used nor will I attempt to justify their use.
Shackles or solitary confinement for that matter have nothing to do with guilt. Perhaps they are suicide risks or are considered otherwise violent?
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