fontman
06-30-06, 09:36 AM
By Rick Rogers
UNION-TRIBUNE STAFF WRITER
June 30, 2006
Defense teams want to gather evidence in Iraq for the case of eight Camp Pendleton-based service members accused of murdering an Iraqi civilian.
Civilian attorneys David Brahms, Joseph Casas, Jane Siegal and Rich Brannon are among those seeking permission from the Marine Corps for a military escort to Hamdaniya, a town in western Iraq where the alleged crime took place April 26.
Because the town is located in a war zone, the attorneys said they would need logistical support, including armed security and dependable translators.
"At some point, the government will be forced to allow us to go over there. But the question is when. (The Marine Corps) may come back and say the visit is premature," said Brahms, who represents Lance Cpl. Robert B. Pennington.
"If I had my druthers, I would go tomorrow morning," Brahms added. "It is so important to get on the ground. You have to look to see if the statements of witnesses make any sense geographically. You have to know what the witnesses are testifying to."
Seven Marines and a Navy corpsman are accused of taking Hashim Ibrahim Awad from his home, shooting him to death and then placing a rifle and shovel near his body so it would look like he was planting a roadside bomb.
The defendants belong to the 3rd Battalion, 5th Marine Regiment. Besides Pennington, they are: Petty Officer 3rd Class Melson J. Bacos, Sgt. Lawrence G. Hutchins III, Lance Cpl. Tyler A. Jackson, Pfc. John J. Jodka, Cpl. Marshall L. Magincalda, Lance Cpl. Jerry E. Shumate Jr. and Cpl. Trent D. Thomas.
They are charged with premeditated murder, kidnapping, assault, conspiracy, larceny, obstruction of justice, making false official statements and unlawfully breaking into Awad's home.
The Marine Corps has postponed the suspects' Article 32 hearing, similar to a grand-jury proceeding, to late July or early August. That session will help determine if the defendants should proceed to trial.
If convicted, the suspects could be sentenced to death. Because of the severity of the charges, each defendant has been assigned two military lawyers instead of the standard one. All the suspects also have hired civilian attorneys.
Casas, who represents Jodka along with Siegal, said the Marine Corps could decide to send only the military lawyers to Hamdaniya. He, Siegal, Brahms and Brannon said they are impressed by the military counsel assigned to their clients, but that it's important for them to talk directly with witnesses in Hamdaniya.
"I would fight if they tried to send only the military co-counsel," Casas said. "There is something to be said for seeing the alleged crime scene and especially of getting a feel for the witnesses out there."
Brannon agreed.
"I think it is critical that I go. I never try a case without going to the crime scene," said Brannon, who represents Hutchins.
In a statement yesterday, Marine spokesman Lt. Col. Sean Gibson said: "At the appropriate time in the proceedings and if warranted . . . defense attorneys may indeed be given access to the crime scene via military means."
In related news, the Hamdaniya defense attorneys said they expect to receive the full autopsy report on Awad any day now. Awad's body was exhumed and sent to Dover Air Force Base in Delaware for testing.
The defense attorneys are sifting through the first batch of evidence that military prosecutors sent them last week. They anticipate receiving much more evidence before the Article 32 hearing.
UNION-TRIBUNE STAFF WRITER
June 30, 2006
Defense teams want to gather evidence in Iraq for the case of eight Camp Pendleton-based service members accused of murdering an Iraqi civilian.
Civilian attorneys David Brahms, Joseph Casas, Jane Siegal and Rich Brannon are among those seeking permission from the Marine Corps for a military escort to Hamdaniya, a town in western Iraq where the alleged crime took place April 26.
Because the town is located in a war zone, the attorneys said they would need logistical support, including armed security and dependable translators.
"At some point, the government will be forced to allow us to go over there. But the question is when. (The Marine Corps) may come back and say the visit is premature," said Brahms, who represents Lance Cpl. Robert B. Pennington.
"If I had my druthers, I would go tomorrow morning," Brahms added. "It is so important to get on the ground. You have to look to see if the statements of witnesses make any sense geographically. You have to know what the witnesses are testifying to."
Seven Marines and a Navy corpsman are accused of taking Hashim Ibrahim Awad from his home, shooting him to death and then placing a rifle and shovel near his body so it would look like he was planting a roadside bomb.
The defendants belong to the 3rd Battalion, 5th Marine Regiment. Besides Pennington, they are: Petty Officer 3rd Class Melson J. Bacos, Sgt. Lawrence G. Hutchins III, Lance Cpl. Tyler A. Jackson, Pfc. John J. Jodka, Cpl. Marshall L. Magincalda, Lance Cpl. Jerry E. Shumate Jr. and Cpl. Trent D. Thomas.
They are charged with premeditated murder, kidnapping, assault, conspiracy, larceny, obstruction of justice, making false official statements and unlawfully breaking into Awad's home.
The Marine Corps has postponed the suspects' Article 32 hearing, similar to a grand-jury proceeding, to late July or early August. That session will help determine if the defendants should proceed to trial.
If convicted, the suspects could be sentenced to death. Because of the severity of the charges, each defendant has been assigned two military lawyers instead of the standard one. All the suspects also have hired civilian attorneys.
Casas, who represents Jodka along with Siegal, said the Marine Corps could decide to send only the military lawyers to Hamdaniya. He, Siegal, Brahms and Brannon said they are impressed by the military counsel assigned to their clients, but that it's important for them to talk directly with witnesses in Hamdaniya.
"I would fight if they tried to send only the military co-counsel," Casas said. "There is something to be said for seeing the alleged crime scene and especially of getting a feel for the witnesses out there."
Brannon agreed.
"I think it is critical that I go. I never try a case without going to the crime scene," said Brannon, who represents Hutchins.
In a statement yesterday, Marine spokesman Lt. Col. Sean Gibson said: "At the appropriate time in the proceedings and if warranted . . . defense attorneys may indeed be given access to the crime scene via military means."
In related news, the Hamdaniya defense attorneys said they expect to receive the full autopsy report on Awad any day now. Awad's body was exhumed and sent to Dover Air Force Base in Delaware for testing.
The defense attorneys are sifting through the first batch of evidence that military prosecutors sent them last week. They anticipate receiving much more evidence before the Article 32 hearing.