thedrifter
09-16-06, 08:34 AM
Veterans establish fund for soldiers' defense
By Jennifer Kovalich, ENTERPRISE STAFF WRITER
A team of eight men, mostly decorated Vietnam veterans with ties to the Marine Corps, have created a defense fund for U.S soldiers who have been charged with war crimes.
They were spurred by the case of members of Kilo Company 3rd Battalion 1st Marines who have been charged in connection with the death of 15 Iraqi civilians in Haditha, Iraq. The slayings occurred following a roadside bombing that killed a member of their unit last fall.
“We are concerned that they are being tried in the press,” said Robert Gale, Brockton director of veterans services and one of the defense fund organizers. “It's just a very politically charged event.”
One young Marine whom the fund may assist is Sgt. Lawrence G. Hutchins III of Plymouth. He is one of seven Marines and a Navy medic charged with killing an Iraqi civilian.
Gerald M. Kirby, a Quincy attorney and retired U.S. Marines lieutenant colonel, said the group plans to raise funds to help pay for civilian attorneys who are experienced in military law.
“We're going to stay out of the guilt or innocence, regardless of what the media says, and we're going to stay the heck out of politics,” said Kirby.
Money from the fund would not be used to defend anyone charged with killing a fellow American or coalition force member, he said.
The effort is called the Military Combat Defense Fund.
Pat Barnes of Brockton, vice president and treasurer of the fund, has a son who saw action in Haditha and who was recently deployed to his third tour of duty in Iraq.
“It's just a crazy situation to be put into combat and have rules of engagement that can jeopardize you for doing your job,” Barnes said.
But one expert said members of the military need to follow a professional code of conduct.
“We punish those who are suspected or where there is evidence they may have violated that code,” said Mike Newton, a professor of law at Vanderbilt University School of Law in Nashville, Tenn.
“It's so essential to a climate of professionalism and discipline,” said Newton, who has also served as a senior advisor to the United States Ambassador-at-Large for War Crimes Issues and in the Office of War Crimes Issues, U.S. Department of State.
Newton said he has a “hard time believing a real innocent soldier who really didn't do anything wrong is going to go on trial.”
Military prosecutors allege that troops in Hutchins' case kidnapped an Iraqi man from his home, tied him up, put him in a hole by the side of a road and sprayed him with bullets, then sought to cover up the crime by making it appear the man was armed and attempting to plant explosives. The men charged in the incident are being held in the brig at Camp Pendleton, Calif.
The defendants were assigned military defense attorneys, paid for by the Marine Corps. All have hired civilian lawyers.
Hutchins' family recently held a fundraiser in Weymouth for his legal case, an event some board members of the Military Combat Defense Fund attended.
“They haven't made any requests,” Kirby said of the family. “There would be no question in our mind we would render some assistance to them.”
Newton said in his experience, service members facing charges have had good military defense counsel.
“People get appointed counsel who are in my experience very competent and very aggressive on behalf of their clients,” Newton said.
Members of the fund have raised about $3,300. They are creating a Web site for more donations and will hold a fundraiser Oct. 22 at Pat Flanagan's Pub in Quincy.
Kirby said several other defense funds have sprung up, including the Warrior Fund in Pennsylvania and another in New York called Defend the Defenders, the latter of which was created to assist a Marine who was charged and later cleared in connection with the shooting deaths of two Iraqis in April of 2004.
Members of the Military Combat Defense Fund include Robert Gale of Brockton; Mark O'Reilly of Rockland; Patrick Barnes, of Brockton; Clement O'Brien of South Easton; Thomas Bolinder of Hanson; Gerald M. Kirby of Quincy; James Holland of Dedham, and Dominic Spada of Holliston.
Donations can be sent to Military Combat Defense Fund, P.O. Box 632, Avon, MA 02332
Ellie
By Jennifer Kovalich, ENTERPRISE STAFF WRITER
A team of eight men, mostly decorated Vietnam veterans with ties to the Marine Corps, have created a defense fund for U.S soldiers who have been charged with war crimes.
They were spurred by the case of members of Kilo Company 3rd Battalion 1st Marines who have been charged in connection with the death of 15 Iraqi civilians in Haditha, Iraq. The slayings occurred following a roadside bombing that killed a member of their unit last fall.
“We are concerned that they are being tried in the press,” said Robert Gale, Brockton director of veterans services and one of the defense fund organizers. “It's just a very politically charged event.”
One young Marine whom the fund may assist is Sgt. Lawrence G. Hutchins III of Plymouth. He is one of seven Marines and a Navy medic charged with killing an Iraqi civilian.
Gerald M. Kirby, a Quincy attorney and retired U.S. Marines lieutenant colonel, said the group plans to raise funds to help pay for civilian attorneys who are experienced in military law.
“We're going to stay out of the guilt or innocence, regardless of what the media says, and we're going to stay the heck out of politics,” said Kirby.
Money from the fund would not be used to defend anyone charged with killing a fellow American or coalition force member, he said.
The effort is called the Military Combat Defense Fund.
Pat Barnes of Brockton, vice president and treasurer of the fund, has a son who saw action in Haditha and who was recently deployed to his third tour of duty in Iraq.
“It's just a crazy situation to be put into combat and have rules of engagement that can jeopardize you for doing your job,” Barnes said.
But one expert said members of the military need to follow a professional code of conduct.
“We punish those who are suspected or where there is evidence they may have violated that code,” said Mike Newton, a professor of law at Vanderbilt University School of Law in Nashville, Tenn.
“It's so essential to a climate of professionalism and discipline,” said Newton, who has also served as a senior advisor to the United States Ambassador-at-Large for War Crimes Issues and in the Office of War Crimes Issues, U.S. Department of State.
Newton said he has a “hard time believing a real innocent soldier who really didn't do anything wrong is going to go on trial.”
Military prosecutors allege that troops in Hutchins' case kidnapped an Iraqi man from his home, tied him up, put him in a hole by the side of a road and sprayed him with bullets, then sought to cover up the crime by making it appear the man was armed and attempting to plant explosives. The men charged in the incident are being held in the brig at Camp Pendleton, Calif.
The defendants were assigned military defense attorneys, paid for by the Marine Corps. All have hired civilian lawyers.
Hutchins' family recently held a fundraiser in Weymouth for his legal case, an event some board members of the Military Combat Defense Fund attended.
“They haven't made any requests,” Kirby said of the family. “There would be no question in our mind we would render some assistance to them.”
Newton said in his experience, service members facing charges have had good military defense counsel.
“People get appointed counsel who are in my experience very competent and very aggressive on behalf of their clients,” Newton said.
Members of the fund have raised about $3,300. They are creating a Web site for more donations and will hold a fundraiser Oct. 22 at Pat Flanagan's Pub in Quincy.
Kirby said several other defense funds have sprung up, including the Warrior Fund in Pennsylvania and another in New York called Defend the Defenders, the latter of which was created to assist a Marine who was charged and later cleared in connection with the shooting deaths of two Iraqis in April of 2004.
Members of the Military Combat Defense Fund include Robert Gale of Brockton; Mark O'Reilly of Rockland; Patrick Barnes, of Brockton; Clement O'Brien of South Easton; Thomas Bolinder of Hanson; Gerald M. Kirby of Quincy; James Holland of Dedham, and Dominic Spada of Holliston.
Donations can be sent to Military Combat Defense Fund, P.O. Box 632, Avon, MA 02332
Ellie