thedrifter
06-14-07, 08:08 AM
Attorney points to combat stress in defense of accused Marine
By: TERI FIGUEROA - Staff Writer
CAMP PENDLETON -- The Marine sergeant accused of being the alleged architect of the kidnapping and killing of a retired Iraqi man lived "in a hell that most people can't even imagine" during his deployment in 2006, the sergeant's civilian attorney said.
Sgt. Lawrence Hutchins primarily lived with his eight-man squad in an unsecured compound less than a mile outside of the rural village of Hamdania, his attorney Rich Brannon said Wednesday.
"It was 'cowboy country' and they are living in it," Brannon said. "It was terrific stress. Can you imagine laying down every night knowing that people who want to kill you are only a hundred yards away?"
Brannon said the living situation is a big part of his legal defense for Hutchins, who prosecutors say was the Marine calling the shots on April 26, 2006, the night that the squad Hutchins led kidnapped 52-year-old Hashim Ibrahim Awad from his Hamdania home and killed him.
Hutchins, 23, has pleaded not guilty to charges that include murder, kidnapping and conspiracy. The Plymouth, Mass., native faces life in prison if he is convicted at his court-martial trial, which begins July 24.
Brannon, speaking at the end of a three-day pretrial hearing for Hutchins, said his planned defense is what is known as "partial mental responsibility."
Brannon pointed to the living conditions of Hutchins and his squad, who spend much of their time living in a small compound outside the relative safety of the nearby military base. Brannon said only a few Marines lived in the compound at a time, and that the place was essentially a staging point for some military squads patrolling the city.
"If you are under terrific stress, lack of sleep, living ... near people who want to kill you," Brannon said, "sometimes those soldiers might commit an act that to a civilian might seem improper, but it certainly does not seem improper when you are in a combat environment."
Such a defense can be used to negate or lessen the allegations of an intent to kill that is required in a murder charge, said Kathleen Duignan, the executive director of the National Military Justice Institute.
"It's commonly raised, but difficult to prove," Duignan said of the tactic. "It's not a complete defense. It lessens the crime."
In other words, it makes it easier for the defense to argue that a killing was not murder, which requires an intent to kill. Other homicides, such as manslaughter and negligent homicide, do not require such an intent.
Hutchins is the highest ranking of eight Camp Pendleton troops accused in a plot that allegedly resulted in the men snatching Awad from his home, marching him down the road and killing him. Marines have testified that the scene was staged to make it appear that he was planting a roadside bomb.
"I do believe my client was subjected to live in a hell that most people can't even imagine," Brannon said. "My position is that they shot a terrorist, and that continues to be my position."
It is unclear what evidence, if any, exists to support Brannon's position, and Brannon declined to say whether there is such evidence. A large chunk of Hutchins' pretrial hearing was behind closed doors because it centered on classified material.
Five of the eight accused troops have pleaded guilty. Many of them have testified that the original plot targeted a different man. Four of the eight men hunted for that man, and when he could not be found at his Hamdania home, they grabbed his neighbor instead. Except for the victim, the rest of their actions remained as planned, some of them have testified.
The Marines at first deemed it a legitimate shooting, but opened an investigation after Awad's family members complained.
-- Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.
Ellie
By: TERI FIGUEROA - Staff Writer
CAMP PENDLETON -- The Marine sergeant accused of being the alleged architect of the kidnapping and killing of a retired Iraqi man lived "in a hell that most people can't even imagine" during his deployment in 2006, the sergeant's civilian attorney said.
Sgt. Lawrence Hutchins primarily lived with his eight-man squad in an unsecured compound less than a mile outside of the rural village of Hamdania, his attorney Rich Brannon said Wednesday.
"It was 'cowboy country' and they are living in it," Brannon said. "It was terrific stress. Can you imagine laying down every night knowing that people who want to kill you are only a hundred yards away?"
Brannon said the living situation is a big part of his legal defense for Hutchins, who prosecutors say was the Marine calling the shots on April 26, 2006, the night that the squad Hutchins led kidnapped 52-year-old Hashim Ibrahim Awad from his Hamdania home and killed him.
Hutchins, 23, has pleaded not guilty to charges that include murder, kidnapping and conspiracy. The Plymouth, Mass., native faces life in prison if he is convicted at his court-martial trial, which begins July 24.
Brannon, speaking at the end of a three-day pretrial hearing for Hutchins, said his planned defense is what is known as "partial mental responsibility."
Brannon pointed to the living conditions of Hutchins and his squad, who spend much of their time living in a small compound outside the relative safety of the nearby military base. Brannon said only a few Marines lived in the compound at a time, and that the place was essentially a staging point for some military squads patrolling the city.
"If you are under terrific stress, lack of sleep, living ... near people who want to kill you," Brannon said, "sometimes those soldiers might commit an act that to a civilian might seem improper, but it certainly does not seem improper when you are in a combat environment."
Such a defense can be used to negate or lessen the allegations of an intent to kill that is required in a murder charge, said Kathleen Duignan, the executive director of the National Military Justice Institute.
"It's commonly raised, but difficult to prove," Duignan said of the tactic. "It's not a complete defense. It lessens the crime."
In other words, it makes it easier for the defense to argue that a killing was not murder, which requires an intent to kill. Other homicides, such as manslaughter and negligent homicide, do not require such an intent.
Hutchins is the highest ranking of eight Camp Pendleton troops accused in a plot that allegedly resulted in the men snatching Awad from his home, marching him down the road and killing him. Marines have testified that the scene was staged to make it appear that he was planting a roadside bomb.
"I do believe my client was subjected to live in a hell that most people can't even imagine," Brannon said. "My position is that they shot a terrorist, and that continues to be my position."
It is unclear what evidence, if any, exists to support Brannon's position, and Brannon declined to say whether there is such evidence. A large chunk of Hutchins' pretrial hearing was behind closed doors because it centered on classified material.
Five of the eight accused troops have pleaded guilty. Many of them have testified that the original plot targeted a different man. Four of the eight men hunted for that man, and when he could not be found at his Hamdania home, they grabbed his neighbor instead. Except for the victim, the rest of their actions remained as planned, some of them have testified.
The Marines at first deemed it a legitimate shooting, but opened an investigation after Awad's family members complained.
-- Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.
Ellie