jinelson
02-09-07, 11:01 AM
New Charges Coming Against Marine
http://www.marinecorpstimes.com/xml/news/2007/02/apthomas070209/070208_tthomas_story_287.jpg
Chris Park / The Associated Press
Marine Corps Cpl. Trent D. Thomas, second from left, is led to his November arraignment by his Military Defense Counsel, Maj. Haythem Faraj, left, and Maj. Dale Saran, second from right, at Marine Corps Base Camp Pendleton, Calif. Thomas pleaded guilty Jan. 18 to kidnapping and murdering an unarmed Iraqi civilian last year, but Feb. 8, Thomas asked to withdraw his guilty plea.
By Thomas Watkins - The Associated Press
Posted : Friday Feb 9, 2007 9:37:42 EST
CAMP PENDLETON, Calif. — Military prosecutors must restart their case against a Marine corporal who made the stunning decision to withdraw his guilty plea in the murder of an unarmed Iraqi civilian.
Cpl. Trent Thomas, 25, told a judge Thursday he no longer believes he is guilty and was following a lawful order. He had earlier pleaded guilty to several charges, including kidnapping and murder.
The charges stem from the slaying of 52-year-old Hashim Ibrahim Awad, who was dragged from his home and shot in Hamdania last year. Thomas said on the second day of his sentencing hearing that he wanted to withdraw the plea made through a pretrial agreement. A judge granted his request.
Prosecutors said they planned to file new charges.
“Sir, when my country gives me an order, I follow it,” Thomas told the judge, Lt. Col. Tracy A. Daly. He said the order came from his squad leader, Sgt. Lawrence Hutchins III, and others higher up the chain of command.
The judge warned Thomas that he could face the death penalty because he is no longer bound by the pretrial agreement. But the death penalty is a long shot because Lt. Gen. James Mattis, who is overseeing the case, has said he does not want Thomas or any of the other troops accused in the case to face execution.
Thomas, of Madison, Ill., was one of a squad of seven Marines and a sailor accused last year of hatching a plot to kill an Iraqi in the town of Hamdania. Four others pleaded guilty to lesser charges. Thomas, the squad’s second in command, was the first to plead guilty to murder. He could face life in prison.
One defense attorney said Thomas had an epiphany after the first day of his sentencing hearing, which featured damaging testimony from another squad member.
“Corporal Thomas has always wanted to fight it,” Thomas’ attorney, Victor Kelley, said of the charges.
On Wednesday, the Navy medic, who said he was one of Thomas’ closest friends, testified that the Marine corporal played an instrumental role in carrying out the kidnapping and murder.
Seaman Recruit Melson J. Bacos testified that Thomas, along with Cpl. Marshall Magincalda, entered Awad’s home on April 26 while Bacos and Lance Cpl. Robert Pennington waited outside. Thomas and another Marine returned with Awad, Bacos said, and then the troops started walking him away from the house.
For much of that march, Thomas held onto Awad, “grabbing him, pushing him forward,” Bacos said.
The squad forced Awad into a hole and shot him, Bacos said, then tried to cover it up by placing an AK47 and shovel by his body to make it look like he was an insurgent planting a bomb.
Prosecutors — as well as other squad members who made plea deals — have said the troops wanted to kill an Iraqi insurgent they suspected of planting bombs. They couldn’t find the man, and instead kidnapped Awad, according to court testimony.
Bacos told prosecutors that after Awad was dead, squad leader Hutchins said, “Congratulations, we just got away with murder, gents.”
Hutchins is awaiting trial on murder and other charges. He has not entered a plea, but his lawyer has said he did not think Hutchins did anything wrong.
http://www.marinecorpstimes.com/news/2007/02/apthomas070209/
http://www.marinecorpstimes.com/xml/news/2007/02/apthomas070209/070208_tthomas_story_287.jpg
Chris Park / The Associated Press
Marine Corps Cpl. Trent D. Thomas, second from left, is led to his November arraignment by his Military Defense Counsel, Maj. Haythem Faraj, left, and Maj. Dale Saran, second from right, at Marine Corps Base Camp Pendleton, Calif. Thomas pleaded guilty Jan. 18 to kidnapping and murdering an unarmed Iraqi civilian last year, but Feb. 8, Thomas asked to withdraw his guilty plea.
By Thomas Watkins - The Associated Press
Posted : Friday Feb 9, 2007 9:37:42 EST
CAMP PENDLETON, Calif. — Military prosecutors must restart their case against a Marine corporal who made the stunning decision to withdraw his guilty plea in the murder of an unarmed Iraqi civilian.
Cpl. Trent Thomas, 25, told a judge Thursday he no longer believes he is guilty and was following a lawful order. He had earlier pleaded guilty to several charges, including kidnapping and murder.
The charges stem from the slaying of 52-year-old Hashim Ibrahim Awad, who was dragged from his home and shot in Hamdania last year. Thomas said on the second day of his sentencing hearing that he wanted to withdraw the plea made through a pretrial agreement. A judge granted his request.
Prosecutors said they planned to file new charges.
“Sir, when my country gives me an order, I follow it,” Thomas told the judge, Lt. Col. Tracy A. Daly. He said the order came from his squad leader, Sgt. Lawrence Hutchins III, and others higher up the chain of command.
The judge warned Thomas that he could face the death penalty because he is no longer bound by the pretrial agreement. But the death penalty is a long shot because Lt. Gen. James Mattis, who is overseeing the case, has said he does not want Thomas or any of the other troops accused in the case to face execution.
Thomas, of Madison, Ill., was one of a squad of seven Marines and a sailor accused last year of hatching a plot to kill an Iraqi in the town of Hamdania. Four others pleaded guilty to lesser charges. Thomas, the squad’s second in command, was the first to plead guilty to murder. He could face life in prison.
One defense attorney said Thomas had an epiphany after the first day of his sentencing hearing, which featured damaging testimony from another squad member.
“Corporal Thomas has always wanted to fight it,” Thomas’ attorney, Victor Kelley, said of the charges.
On Wednesday, the Navy medic, who said he was one of Thomas’ closest friends, testified that the Marine corporal played an instrumental role in carrying out the kidnapping and murder.
Seaman Recruit Melson J. Bacos testified that Thomas, along with Cpl. Marshall Magincalda, entered Awad’s home on April 26 while Bacos and Lance Cpl. Robert Pennington waited outside. Thomas and another Marine returned with Awad, Bacos said, and then the troops started walking him away from the house.
For much of that march, Thomas held onto Awad, “grabbing him, pushing him forward,” Bacos said.
The squad forced Awad into a hole and shot him, Bacos said, then tried to cover it up by placing an AK47 and shovel by his body to make it look like he was an insurgent planting a bomb.
Prosecutors — as well as other squad members who made plea deals — have said the troops wanted to kill an Iraqi insurgent they suspected of planting bombs. They couldn’t find the man, and instead kidnapped Awad, according to court testimony.
Bacos told prosecutors that after Awad was dead, squad leader Hutchins said, “Congratulations, we just got away with murder, gents.”
Hutchins is awaiting trial on murder and other charges. He has not entered a plea, but his lawyer has said he did not think Hutchins did anything wrong.
http://www.marinecorpstimes.com/news/2007/02/apthomas070209/