Judge frees Marine tied to Iraqi's death
Judge frees Marine tied to Iraqi's death
23-year-old serves 15 months of eight-year sentence for role in kidnapping, murder
By Tony Perry
LOS ANGELES TIMES
Contra Costa Times
Article Launched:08/11/2007 03:03:00 AM PDT
The last of five Marines who pleaded guilty in the kidnapping and killing last year of an unarmed Iraqi man in Hamandiya was freed Friday after a review of his sentence.
Lt. Gen. James Mattis, commanding general of Marine Forces Central Command, ordered the release of Marine Pvt. Robert Pennington, who had served 15 months of an eight-year sentence, after a meeting at Camp Pendleton with Pennington and his parents. Pennington was released from the brig at Miramar Marine Corps Air Station.
Mattis' move comes after two courts-martial for the same incident in which Marine juries found two corporals guilty but gave them no jail time beyond the months they spent locked up awaiting trial.
Terry and Deanna Pennington, who waged a vigorous campaign in print media and on television and the Internet on behalf of their 23-year-old son, had traveled to Camp Pendleton from their home in Maui to plead with Mattis for their son's freedom.
"We couldn't be happier," said Terry Pennington after Mattis made his decision, adding that his first priority is to get his son counseling for post-traumatic stress disorder.
A Marine spokesman said Mattis based his decision on three factors: Pendleton was only 21, was not a squad leader and did not fire his weapon. Mattis delayed making a decision on whether Pennington would still get a dishonorable discharge.
Last week, a jury convicted Sgt. Lawrence Hutchins, the squad leader, of unpremeditated murder and sentenced him to 15 years. Mattis is reviewing that sentence.
Pennington was a lance corporal and on his third tour in Iraq when he and seven other members of his squad decided to kidnap and kill an Iraqi as a warning to insurgents to stop attacking Marines in Hamandiya, west of Baghdad.
Prosecutors alleged that Pennington was one of the leaders of the plot, particularly in planting phony evidence to suggest the Iraqi was an insurgent killed in a firefight.
He pleaded guilty in February to conspiracy and kidnapping. His parents said later that he decided to plead guilty after realizing, at that time, that prospective jurors at his court-martial would not be Iraq veterans and thus would not understand the squad's actions.
Pennington received the most severe of the five plea bargain sentences. A Navy corpsman received 12 months in the Camp Pendleton brig, a Marine private first-class 18 months and two lance corporals 21 months each.
Mattis this week ordered the release of Tyler Jackson and Jerry Shumate four months before their scheduled release. John Jodka and corpsman Melson Bacos had served their sentences, with time off for good behavior.
Ellie