thedrifter
06-26-06, 03:30 AM
Military hearings to start soon
Press staff report
Military prosecutors want to start hearings as soon as this Wednesday to determine whether to move forward with charges of premeditated murder against two local Marines, five others and a Navy corpsman.
But several of the attorneys told media last week that they didn't expect the hearings to take place that soon because they haven't received all of the government's evidence and will need time to review the information.
Lt. Col. Sean Gibson, a Camp Pendleton spokesman, confirmed the so-called Article 32 hearings, the equivalent of a grand jury proceeding, are tentatively slated for next week.
“It will be good to get rolling,” Joseph Low told Lee Enterprises. He represents Cpl. Marshall Magincalda Jr., 22, of Manteca. “But we don't have all the evidence yet.”
The Marines Corps announced Wednesday the charges against eight members of the Camp Pendleton based 3rd Battalion, 5th Marine Regiment's Kilo Company for the alleged April 26 murder of an Iraqi man in the village of Hamdania.
Charges were levied against Lance Cpl. Tyler A. Jackson, 22, of Tracy; Sgt. Lawrence G. Hutchins III, 25; Cpl. Trent D. Thomas, 24; Hospitalman 3rd Class Melson J. Bacos , 20; Pfc. John Jodka III, 20, of Encinitas; Lance Cpl. Jerry E. Shumate Jr.; Lance Cpl. Robert B. Pennington, 21; and Magincalda of Manteca.
The charges also include kidnapping, conspiracy, assault, larceny, housebreaking, making false statements and obstruction of justice.
The attorneys and family members of the troops have maintained the men's innocence.
The next step in the process is the Article 32 hearing.
Low said his client, Cpl. Magincalda, was disappointed and shocked by the charges.
“He didn't understand how they could come up with the charges they did with what happened out there,” Low said.
He and the other attorneys said they couldn't discuss what their clients told them about the incident on April 26 in Hamdania.
Magincalda's father, Marshall Magincalda Sr., said his wife is physically ill with the news of charges being filed against her son.
“Our son has been to Iraq three times and won two Purple Hearts,” Magincalda said in a telephone interview Thursday. “He has always done the best job he could.”
He said it's unfair that people are only hearing Marine Corps officials' and Iraqis' version of what happened that day in Hamdania.
“They are treating these guys worse than in Gitmo,” Magincalda said in reference to the U.S. military prison for suspected terrorists in Guantanamo Bay, Cuba. “They didn't even have pillows in their bunks.”
Magincalda told the Lathrop-Manteca Sun Post in November while home on leave for Thanksgiving, that he believed wholeheartedly in the U.S. mission in Iraq, even after being wounded in battle by flying shrapnel and being shot in the stomach at close range with a .45-caliber handgun.
He said told the Sun Post that he wanted to join the Corps' special-forces unit, Marine reconnaissance.
“I have every confidence this is a bogus, politically charged situation,” said Philip Jackson, who is a Tracy resident and father of Lance Cpl. Jackson.
During the hearing, the convening authority, Lt. Gen. John Sattler, will investigate the charges and decide if men should stand trial for the charges. The men would then be formally arraigned, which would be the point the accused would enter pleas and a military judge would take charge of the case.
The accused attend the hearing with their lawyers and can cross examine witnesses or present witnesses. All eight of the men have hired private attorneys who will work with military attorneys assigned to each.
Several defense attorneys said they were contacted Thursday by prosecutor Lt. Col. Sean Sullivan about beginning the hearings Wednesday.
“I don't think it's going to work,” said Thomas Watt, who is represents Lance Cpl. Jackson. “I think it's unfortunate we are rushing to the Article 32, because to my understanding the Naval Criminal Investigative Service has not completed its investigation.”
Watt said the only evidence he has received is 15 statements, but he wouldn't say who they come from or when they were made.
One defense lawyer thought prosecutors could move forward quickly because the troops must be arraigned within 120 days of the time they were first held in custody, which was May 12. If the defense filed for a continuance, it would stop the clock from running on the 120-day time limit.
The military could conduct the hearing for all eight of the men at one time, in smaller groups or even individually.
Low said it would be difficult to get the attorneys for all eight men to find time for a hearing with such short notice.
“It will be a logistical nightmare for the Marine Corps,” Low said.
The Hamdania case is separate from allegations that up to a dozen other Marines from Camp Pendleton killed 24 unarmed civilians in the city of Haditha last Nov. 19.
Congressional hearings into the Hamdania and Haditha incidents are expected to take place sometime in July. The House and Senate Armed Services committees are each planning to hold public inquiries with military leaders.
Meanwhile, Lee Enterprises news organization reported the third of a series of rallies outside Camp Pendleton supporting the seven Marines and one Navy Corpsman.
“The biggest thing is, we want to assure they receive a fair trial,” said organizer Christine Bruce of San Diego. “I want to be out there supporting them, because I know in my heart they aren't murderers.”
More than 300 people lined the street outside the main gate to the base in Oceanside last Saturday, waving flags and holding colorful signs such as “Innocent until proven guilty.”
Michael Savage, a national radio talk-show host, has strongly promoted the rallies during his broadcasts.
Bruce said she heard Savage talking about the men and decided she wanted to do something to help. She called the show several weeks ago to encourage people to attend, and Savage has urged his listeners to participate.
Ellie
Press staff report
Military prosecutors want to start hearings as soon as this Wednesday to determine whether to move forward with charges of premeditated murder against two local Marines, five others and a Navy corpsman.
But several of the attorneys told media last week that they didn't expect the hearings to take place that soon because they haven't received all of the government's evidence and will need time to review the information.
Lt. Col. Sean Gibson, a Camp Pendleton spokesman, confirmed the so-called Article 32 hearings, the equivalent of a grand jury proceeding, are tentatively slated for next week.
“It will be good to get rolling,” Joseph Low told Lee Enterprises. He represents Cpl. Marshall Magincalda Jr., 22, of Manteca. “But we don't have all the evidence yet.”
The Marines Corps announced Wednesday the charges against eight members of the Camp Pendleton based 3rd Battalion, 5th Marine Regiment's Kilo Company for the alleged April 26 murder of an Iraqi man in the village of Hamdania.
Charges were levied against Lance Cpl. Tyler A. Jackson, 22, of Tracy; Sgt. Lawrence G. Hutchins III, 25; Cpl. Trent D. Thomas, 24; Hospitalman 3rd Class Melson J. Bacos , 20; Pfc. John Jodka III, 20, of Encinitas; Lance Cpl. Jerry E. Shumate Jr.; Lance Cpl. Robert B. Pennington, 21; and Magincalda of Manteca.
The charges also include kidnapping, conspiracy, assault, larceny, housebreaking, making false statements and obstruction of justice.
The attorneys and family members of the troops have maintained the men's innocence.
The next step in the process is the Article 32 hearing.
Low said his client, Cpl. Magincalda, was disappointed and shocked by the charges.
“He didn't understand how they could come up with the charges they did with what happened out there,” Low said.
He and the other attorneys said they couldn't discuss what their clients told them about the incident on April 26 in Hamdania.
Magincalda's father, Marshall Magincalda Sr., said his wife is physically ill with the news of charges being filed against her son.
“Our son has been to Iraq three times and won two Purple Hearts,” Magincalda said in a telephone interview Thursday. “He has always done the best job he could.”
He said it's unfair that people are only hearing Marine Corps officials' and Iraqis' version of what happened that day in Hamdania.
“They are treating these guys worse than in Gitmo,” Magincalda said in reference to the U.S. military prison for suspected terrorists in Guantanamo Bay, Cuba. “They didn't even have pillows in their bunks.”
Magincalda told the Lathrop-Manteca Sun Post in November while home on leave for Thanksgiving, that he believed wholeheartedly in the U.S. mission in Iraq, even after being wounded in battle by flying shrapnel and being shot in the stomach at close range with a .45-caliber handgun.
He said told the Sun Post that he wanted to join the Corps' special-forces unit, Marine reconnaissance.
“I have every confidence this is a bogus, politically charged situation,” said Philip Jackson, who is a Tracy resident and father of Lance Cpl. Jackson.
During the hearing, the convening authority, Lt. Gen. John Sattler, will investigate the charges and decide if men should stand trial for the charges. The men would then be formally arraigned, which would be the point the accused would enter pleas and a military judge would take charge of the case.
The accused attend the hearing with their lawyers and can cross examine witnesses or present witnesses. All eight of the men have hired private attorneys who will work with military attorneys assigned to each.
Several defense attorneys said they were contacted Thursday by prosecutor Lt. Col. Sean Sullivan about beginning the hearings Wednesday.
“I don't think it's going to work,” said Thomas Watt, who is represents Lance Cpl. Jackson. “I think it's unfortunate we are rushing to the Article 32, because to my understanding the Naval Criminal Investigative Service has not completed its investigation.”
Watt said the only evidence he has received is 15 statements, but he wouldn't say who they come from or when they were made.
One defense lawyer thought prosecutors could move forward quickly because the troops must be arraigned within 120 days of the time they were first held in custody, which was May 12. If the defense filed for a continuance, it would stop the clock from running on the 120-day time limit.
The military could conduct the hearing for all eight of the men at one time, in smaller groups or even individually.
Low said it would be difficult to get the attorneys for all eight men to find time for a hearing with such short notice.
“It will be a logistical nightmare for the Marine Corps,” Low said.
The Hamdania case is separate from allegations that up to a dozen other Marines from Camp Pendleton killed 24 unarmed civilians in the city of Haditha last Nov. 19.
Congressional hearings into the Hamdania and Haditha incidents are expected to take place sometime in July. The House and Senate Armed Services committees are each planning to hold public inquiries with military leaders.
Meanwhile, Lee Enterprises news organization reported the third of a series of rallies outside Camp Pendleton supporting the seven Marines and one Navy Corpsman.
“The biggest thing is, we want to assure they receive a fair trial,” said organizer Christine Bruce of San Diego. “I want to be out there supporting them, because I know in my heart they aren't murderers.”
More than 300 people lined the street outside the main gate to the base in Oceanside last Saturday, waving flags and holding colorful signs such as “Innocent until proven guilty.”
Michael Savage, a national radio talk-show host, has strongly promoted the rallies during his broadcasts.
Bruce said she heard Savage talking about the men and decided she wanted to do something to help. She called the show several weeks ago to encourage people to attend, and Savage has urged his listeners to participate.
Ellie