The "Pendleton '8' K/3/5 - Hamdaniya" The Death of the Marine Corps?

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The "Pendleton '8' K/3/5 - Hamdaniya" The Death of the Marine Corps?
One Old Marine | 07/26/2006 | RaceBannon

The Death of the Marine Corps. Is it the Old Corps anymore? Is our Corps dead now?

Where is the Semper Fidelis that we were taught to uphold and believe in?

Imagine for a moment that you are a member of perhaps the proudest group of warriors the world has ever seen; a "band of brothers" that embodies the seemingly long-forgotten traits of honor, duty, and country. Every line of your uniform, from its gold buttons to the blood-red stripe down the pants leg, was earned in blood; each part of it was born in your history. Every time you put it on, you are reminded of those who have come before you, those who have made your heritage what it is. Your brotherhood, this nearly mythical bond, is signified by two words that somehow encompass everything you stand for. They are not just words, however, but a promise, a solemn commitment that will be kept even if it means you will die keeping it. Semper Fidelis: always faithful.

By your hand and the hand of your brothers-in-arms, the freedom of the United States of America stands. Your brothers have fought on every continent for over two hundred years, with a resolute courage and ferocity so incredible that even your enemies called you teufelhunden-devil dogs. There is not a better fighting force anywhere in the world, and being a part of it is the proudest thing you will ever accomplish.

You were sent to a faraway country, just like so many before you, and you did your duty the best you knew how. You sweated throughout the days and froze during the nights, sleeping in tents that were no protection against the mortars that deafened your ears and inched ever closer during the few moments of sleep you were allowed. You held the bloody hands of your friends as they died in front of you, some of them calling for their mothers, others whispering the bittersweet "Tell my wife…" Some of them didn't say anything at all, instead gurgling through their own blood as they died. Semper Fidelis.

You went without food, without sleep, without basic things like clean clothes and a shower. Through it all, you somehow managed to hang on to your sanity in a place where a lie is as commonplace as the truth, and the enemy just might be a 7-year-old child on the side of the road, smiling at you and asking for candy only so you will get close enough to him to be killed by the explosives he carries. No matter what the climate, the terror, the smells of blood and death or your buddy's guts that spilled out in front of him, you press on, determined to complete the mission. Many of your brothers have come back again and again to this place, unwilling to sit in a recliner in their living room and watch TV while you try to wipe the blood from your uniform and catch a few minutes of sleep before the next mission. No matter what the cost, you are all willing to pay it. Semper Fidelis.

Now imagine that you are sitting in an 8×8 cell, as are seven of your brothers, waiting to find out if your promise to remain faithful will in fact result in your death-not in a hail of enemy fire, not in the blinding explosion of a terrorist's bomb, but by the sterile needle of a lethal injection, administered by the very country you spent your adult life defending. You have been shackled, wearing a label that says "PVD": potentially violent and dangerous. You have been here for over a month now, in solitary confinement for almost 24 hours a day, with nothing to do but pray that someone stands up for you, just as you did for them.

But hope is dwindling. Your military attorneys don't have time to help you, and your civilian attorneys are being denied access to evidence that would prove you're innocent-no autopsy of the man they say you murdered in cold blood, no witnesses, nothing. In fact, you've just been told that you may be tried without ever facing your accusers in court-accusers who already have given conflicting stories and dishonest statements. Your life hangs in the balance, but the chances here are even worse than they were in Iraq. There is a very good chance that you will die, convicted of a crime you did not commit, betrayed by the very country you defend.

But this is just a story. This never actually happened, right?

Wrong. It's happening right now. At the moment I write this, eight men sit in solitary confinement, charged with crimes that never happened. Their case is explosive, their story heartbreaking. I don't believe any American, after hearing the facts of this case, can call it anything but a travesty of justice that may not only kill eight innocent men, but the idea of the United States Marine Corps as an honorable institution. I hope you read this series, yes. But I challenge you to act upon it.

The Innocent 8 fulfilled their vow. Now it is our turn. Semper Fidelis.

Note: The Innocent 8 - seven Marines and a Navy corpsman who are being held on charges of kidnapping and murder - are facing the death penalty, and are being denied due process and the right to a defense.

Birth of the Accusations

It began on 26 April, in Hamdaniya, Iraq. Seven Marines and their Navy Corpsman, from Kilo Company, 3rd Battalion, 5th Marine Regiment shot and killed an insurgent. Just another day, just another insurgent in this dirty, dusty land where almost everyone-even children-can smile at you one moment and kill you the next.

But this would not be just another insurgent, and the events of 26 April will be dissected over and over in the coming weeks. The report the Marines filed after the action said that Awad was "digging on the side of the road from our ambush site. I made the call and engaged. He was pronounced dead at the scene with only a shovel and AK-47." Just another day.

Yet a few months later, the eight men are fighting for their lives in a whole new arena: the courtroom. With an Article 32 scheduled next month and most assuredly a trial after that, the Marines and Navy corpsman are accused of decidedly more than just engaging the enemy.

The charge sheets for the eight men claim a host of infractions: Murder, larceny, assault, housebreaking, kidnapping, false official statements, and obstruction of justice.

The Marine Corps says these men were looking for a certain insurgent but couldn't find him, and so they broke into Hashim Ibrahim Awad's house, dragged him outside, tied him up and put him on his knees, and then shot him 4 times.

There are some basic problems with the case. Dan Riehl has done some excellent research as to the conflicting statements by "witnesses."

He found that in almost every facet of the story, there are discrepancies, none of which are being mentioned by the media. In fact, in an apparent failure to communicate with each other (and fact check), "both Knight Ridder and the WaPo state the accounts cannot be independently confirmed."

[Speaking of that Knight-Ridder account, the entire article was reported on by a "special correspondent who could not be named for security reasons…" To give you an idea of what the Washington Post's article was like, just read these quick paragraphs on why they don't like to call Zarqawi a terrorist.]

Riehl goes on:

It is fair to conclude that the media is putting out information which has, by its own admission, not been confirmed. And the Bush administration is now extremely sensitive to these types of charges. It's also fair to wonder if some of our enemies haven't figured that out and are becoming increasingly proficient at circulating precisely the types of stories the MSM loves to seek out.

The Marine Corps, in choosing to prosecute these men, has decided to accept the word of Iraqis who were connected with the insurgency as opposed to their own Marines. This is and of itself is a tragedy. But why were these men charged?

Many people, including this columnist, somehow labor under the erroneous assumption that we as citizens are "owed" an investigation on this incident. It becomes a very dangerous situation when terrorists are made privy to this fact. How many inquiries were done into "atrocities" committed in World War 2? It was simply understood that war was a dirty job, someone had to do it, and thank God for the men who were willing to step up and go.

What happens when we are pounded with the idea that the military is a group of paid assassins, fighting an "illegal and immoral" war for capitalist fiends? Where do we end up when we start down the road of demanding investigations into killing of the enemy and calling normal wartime occurrences "atrocities?"

You may not even want to know the answer. But it is there, diabolically threatening everything that our country is founded on-and everything the Marine Corps claims to believe in.

The question of why they are even being investigated is a valid one, to be sure. But at this point, the more dangerous question is, why is the Marine Corps denying them due process and the right to a competent defense? And what does this mean for the rest of those who are defending our safety?

Denial of Honor Eight men stand charged in the death of an insurgent in Hamdaniya, Iraq. His family claims he was a harmless old, disabled man who refused to become an informant for the Americans. Considering the lack of value placed on truth in Iraqi culture, and the fact that the family stood to gain $2500 in American dollars if they claimed their relative was a noncombatant, a logical person would have a hard time believing the disjointed, conflicting statements by various members of the family.

More shocking than even the accusations themselves is the way in which this case has been handled by the Marine Corps. The timeline of events points to something even more insidious than a cover-up; it shows a blatant disregard for the lives of eight men who voluntarily gave of themselves for their country, and a willingness to allow the anti-American Left to dictate how we fight the war in Iraq, even at the expense of the troops they so vehemently claim to support.

What does it mean to say that the Marine Corps has mishandled this case? Judge for yourself if this adheres to the Constitutional protections afforded a suspect in a crime.

• These proud Marines and corpsman were taken from a combat situation and questioned for hours in Iraq-in at least one case, seven hours-without food, water, or even a bathroom break.

• Marines returning home from redeployment must go through a COSC Redeployment Checklist that attempts to prepare them for "re-entry" into the life they left behind. They are given a Marine Redeployment and Reunion Guide that helps to explain some of the changes that may have occurred in their absence, and offers resources for coping with some of what can affect them emotionally when they return. These men were taken straight from combat into interrogation with no transition, no resources, nothing.

• They were told that they could ask for a lawyer, but that it "would be the biggest mistake of their lives."

• The interrogations were not recorded in any way.

• They were shipped home and immediately incarcerated in solitary confinement, complete with connected leg and wrist shackles that a guard held when they went anywhere. They were not allowed a pen or paper, or even a toothbrush. Keep in mind that at this point, they had not been charged with any crime. Their shackles were recently removed, and they are now allowed to eat their meals with the other Marines. They also received access to a toothbrush, weeks after being initially confined.

• The Marine Corps claims that the shackles were consistent with pre-trial confinement, but there are no other cases where the accused are confined in this manner. In fact, the Marines that were involved in the Haditha incident, trumpeted by the media as the new My Lai, are not confined at all. One of them just received a promotion.

• The Corps has assigned each man two military attorneys; however, none of them have been able to do any work on the case. For three weeks the defense was completely stalled since all requests had to go through military defense counsel and the defense counsel were not available. One was moving to California from North Carolina, one was coming off reserve status, and some of them were already working 30 other cases.

Most people would be incensed by now. The above would never be accepted in a civilian court. Cases have been thrown out for much less.

But it gets worse. Much, much worse.

• The Marine Corps has denied the defense request that they be allowed to go to Iraq and interview potential witnesses and other involved parties. The prosecution claims that after the Article 32, they will decide whether a trip to Iraq is warranted, and may or may not allow the defense to go. This means that the defense will not be allowed to view the alleged crime scene; they will also not be able to talk to anyone that the NCIS may have overlooked.

• The defense has not been given access to the body to have an autopsy performed. The preliminary report showed that there was no evidence of a permanent disability or that the man was even bound by his hands and feet as the prosecution claims, but the prosecution has refused to give the defense the alleged full autopsy report-and it is not even certain that there is a full autopsy in existence. The body was brought to Dover AFB for a full postmortem, and then shipped back to Iraq and reburied without the defense being allowed near it. Something else that is noteworthy here is that one of those "anonymous officials" leaked that "Forensic investigators are 'going to fast track' their analysis in an effort to wrap up the case…"

Apparently "fast-tracking" means not giving these eight men a fair trial.

• The prosecution has denied the defense's request for all supporting evidence: the alleged full autopsy, forensic evidence, trajectory reports, and ballistic report. They claim that the evidence is "not complete." If the evidence isn't complete, wasn't it premature to hold these men in shackles for three weeks before charging them? And how can you charge 8 men with murder without a complete autopsy and forensic evidence reports?

• Not only can the defense team not go to Iraq to talk to witnesses, there is "no assurance" that these accusers are going to be present at the Article 32-or the trial itself. Marine Corps Spokesman Sean Gibson says, "There is no mechanism in place to compel them to testify."

This means that eight Americans could very easily be convicted of murder and be executed without ever facing their accusers, which is a basic right afforded to them under the Constitution.

Are you angry yet? You should be. The Marine Corps is blatantly violating nearly every right these men have in their rush to appease the bloodthirsty Left.

Perhaps most disgusting is their recent spending for a media center that will allow for a large number of journalists sharks to come watch their show trial. They can afford that, and yet can't seem to free up military attorneys or resources to ensure their own men get a fair trial.

An interesting side note here is that not one human rights group has contacted any of the families. Neither has the ACLU. Apparently rights only apply to illegal immigrants, terrorists, and pedophiles.

This case is beyond a travesty, and many of us are left wondering what we can do to help. There is a great deal we can do, and in my final chapter I'll give you some ideas.

These men don't owe us anything. They don't owe us an explanation or an apology. We don't "need an investigation." We owe them-a debt we will never in all our lives be willing to pay back. The least we can do is stand up for them now. If we don't, there is no telling how far the slope will go.

A man who is good enough to shed his blood for his Country is good enough to be given a square deal afterwards. - Teddy Roosevelt

To Stand The story of the Innocent 8 is one that many people don't even know. People tend to know bits and pieces, or they're not aware of the full ramifications of the situation. The truth is that this case affects us all, for it signifies a new low in our nation.

When those who defend our freedoms are not even given the benefit of the rights we all enjoy, then there has been a failure in our justice system; a failure so completely basic that many may ignore it.

They assume it can't happen here. This is the United States of America, a place where pedophiles have the ACLU to defend their "rights" and terrorists in Gitmo are given Geneva Convention protections. It is unfathomable that American citizens would be treated worse than those who have conspired to kill us.

The even sadder part of this is that many of us are forced into a position where we have to condemn an institution that we love and support. The Marine Corps is an icon of the United States; it has given birth to many generations of proud warriors who have kept us free. It could have just as easily been anyone's husband, son or brother sitting in a cell at Camp Pendleton, falsely accused.

The cold knowledge that some of the Marines who wear the uniform of a devil dog are actually spineless and political and willing to sacrifice their own men to score political points is anathema; it is nauseating and heartbreaking.

But here we are, just the same, and unless we do something eight men stand to lose their lives for no other reason than the Marine Corps feels as though it needs to kowtow to the same people who would call them "paid assassins." In all honesty, regardless of our best efforts, these men may die anyway. That fact should not stop us from acting; to the contrary, it should spur us to greater fortitude. One does not stop fighting because the fight may be lost.

So what can we do to stop this machine from crushing the Innocent 8?

• Call your Congressmen and Senators. Start with the Armed Services Committee (the HASC is here). This is perhaps the most important. Email them. Fax them. Tell them that you demand an independent congressional hearing into the rights violations that the Innocent 8 are being subjected to. The men did not give up their Constitutional rights when they raised their right hands, and even the UCMJ has provisions built into it to give accused service members basic rights during an investigation, Article 32, and subsequent court-martial. These rights are being ignored.

• Tell your family and friends about the case. I cannot stress this enough. Inform people. Let them know. Talk about it. Post the story on your websites, or send it out to your email list. If you can send forwards about flowers and hugs and an occasional warning about kidnappers, then you can send this. This is a life or death fight, and it affects you.

• Talk to the media. Little towns all over America have local papers. The New York Times, Los Angeles Times, and Washington Post are beyond help, but there are hundreds of thousands of publications in this country, many of them run by good, American citizens who love their country and would be amazed and appalled to see the treatment these men are receiving. Submit letters to the editor. Write a guest column. Start a blog. Something.

• Organize a rally. Even a few people can make a difference. There have been rallies held outside Camp Pendleton for the last six weeks, every Saturday.

• Call into talk radio shows. Rush, Hannity, Beck, all of them. Call in, email them. Talk to them about this. Make sure they cover it.

Those are some of the things we can do to help their case on a grand scale. But what can we do for these men personally?

• Send them letters. One of the things that lifts their spirits more than anything while confined in the brig is to hear from Americans who believe in them, who honor them and pray for them and support them. It costs a few cents to send a letter and it means the world to them. Please, if you do nothing else, do this.

• Contribute to their defense fund. Civilian attorneys, even at discounted rates, cost money. Experts cost money. These men are literally fighting for their lives, and can use everything you can possibly give. Their families are cleaning out retirement funds, refinancing homes, and doing everything they possibly can to scrape enough money so their sons and husbands get a fair trial, but this dog-and-pony show looks like it will go on a while. Go to The Warrior Fund and donate today! (www.Warrior-Fund.org)

• Send them books. What if you were in an 8×8 cell for 23 hours a day and were innocent? Sending these guys things to read can at the very least keep time moving for them. PFC John Jodka likes conservative political books, like Ann Coulter and Sean Hannity. He just finished reading Ilario Pantano's Warlord. Keep in mind that if you do send books, they need to come directly from Barnes & Noble, Amazon, etc., so you'll need to send them as a gift. They can share books, as well, so sending one of them a book means that the other men will probably be able to read it as well.

The Innocent 8, at this moment while you read this, are sitting in cells about the same size as your bathroom. They have been there for weeks with no recourse, no way to fight for themselves, no way to defend themselves against these charges.

They have stood for us. We owe it to them to stand now. The fight is uphill, and there are those who will not listen.

Many people want to see the United States fail as a country, and would even like to see these Marines die. But we know in our hearts what the difference is between right and wrong, and we sit here today because of men like them.

I challenge you to stand up for the rights we enjoy. I implore you to stand for these men. I ask you to do what is right. Demand an independent Congressional hearing into the Hamdaniya 8.

If we don't, and these men are found guilty, the Marine Corps will no longer be an institution of honor, of duty and devotion to Country. It will simply be a long-forgotten ideal, a reminder of the past greatness of our nation.

A defeat in the courtroom for the Pendleton 8 means a defeat for our country in the War on Terror.

The enemy already uses our media, and to know that they can succeed in killing Marines simply by making up stories about them…if this case ends in a conviction, then we have already lost.

Read this article again, carefully. There IS NO EVIDENCE!

Hard pressed on my right. My center is yielding. Impossible to maneuver. Situation excellent. I am attacking. - Ferdinand Foch, at the Battle of the Marne, 1918

Write to them at: Insert their name(s) in the brackets: [ ] Camp Pendleton Marine Corps Base (Brig) Camp Pendleton, CA 92055

These men are: SGT Lawrence G. Hutchins III CPL Marshall L. Magincalda CPL Trent Thomas LCPL Tyler A. Jackson LCPL Robert B. Pennington LCPL Jerry A. Shumate Jr HN3 Melson J. Bacos PFC John J. Jodka III.

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Jerry, please make this topic a sticky, my brother.

[thedrifter]

Done!

Through all Mark's research he can find articles that have a impact.

Ellie

[marinegreen]

I'M ON IT TOP !!! I know brothers /sisters have come and gone here on leatherneck but it would be OUTSTANDING if 30,000 members here on Leatherneck got off there duff's and put pen to paper, got on the horn to call there congressman. This is nothing more then a govt fiascal. SF

[Zulu 36]

Based on what I've read on this case, in civilian court the prosecution would be on serious thin ice right now. Of course in a civilian case the judge would have a lot more authority to do things that the military judge does not.

Many things a military judge might order (such as release from pre-trial confinement pending further proceedings), could be countermanded by the convening authority. While a civilian trial judge might be reversed too, it would at least be by the chief judge of the district/curcuit, or by an appellate court - not some general scared for his career. In civvie court, bail decisions, if well based in fact and common sense, are not commonly reversed.

Again, based on what I know of the case (and the prosecution may indeed have more than they are saying), in a civilian court those guys would probably have a bail bond set and could get out of jail if they could afford it.

We see a slightly similar case occuring in the civilian community right now with the Duke University rape case. However, in that case the accused are out on bail bond (although a bit high for a couple of them), the judge is obviously not too pleased with the prosecution and has put the prosecutor on notice that some of his evidence thus far is pretty thin. One defendant even had his bail significantly reduced by the judge (big hint of judicial displeasure here). The defense has been given a large amount of discovery materials, albeit reluctantly.

Based on my experience, when the prosecution is reluctant to release discovery material and/or stonewalls defense requests for expert witnesses or investigative expenses (when the defense team is appointed - retained attorneys get their budget from the defendant), the case is shaky. They hold onto things in the hope that a miracle will occur and some important strong new evidence will appear before they have to give up the crap.

When the prosecution truly has a defendant by the gonads, there is normally little hesitation to provide full discovery.

Are they being treated fairly? I don't think so.

Are they guilty? Based on what I know, it doesn't appear so.

As I wrote in a previous post regarding this case, I don't trust NCIS to do a really professional job on these kind of cases. They get too eaten up with the potential glory and completely loose track that they are supposed to investigate not just to find evidence of guilt, but evidence of innocence as well.

A professional cop does not charge a knowingly innocent person just to provide a perp walk. You just have to take the heat until you get the right bad guy or you get the proper evidence.

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More Marines may face charges in Hamdania slaying; number of defendants could rise to 12
By: MARK WALKER and TERI FIGUEROA - Staff Writers
North County Times
July 29, 2006

Four more Camp Pendleton Marines may face charges in the alleged April 26 kidnapping and murder of an Iraqi civilian, attorneys for two Marines already charged in the case said Friday.

At Camp Pendleton, Lt. Col. Sean Gibson would only say that no additional charges have been filed against anyone and declined further comment. The attorneys who said that more charges are looming have close dealings with Marine Corps officials and have been involved in the case for months.

Victor Kelley, an attorney for one of the men, said Friday that he had been led to believe the additional troops, one of whom is an officer, may face a charge of conspiracy to commit murder.

Such a charge would suggest that the men were not directly involved in the alleged attack, but had knowledge it was being planned, according to Jane Siegel, a civilian defense attorney representing another of the men.

Siegel said Friday that she had been told the Marine Corps was making preparations to ensure that 12 members of Kilo Company of the 3rd Battalion, 5th Marine Regiment have military defense attorneys available. As of Friday, eight men have been charged and assigned military attorneys.

"I base that on the fact that I know that senior defense counsel leadership and the chief defense counsel of the Marine Corps are working to make sure that there are enough detailed defense counsel for that many defendants," said Siegel, a retired colonel who spent more than two decades as a Marine defense attorney and prosecutor.

Detailed defense counsel is a military term for uniformed attorneys appointed to represent troops accused of a crime.

"It would be some sort of conspiracy charge that says these men had knowledge that something was about to go down and their information would support the government's theory of the case," Siegel said.

On June 21, the Marine Corps announced it had filed murder, kidnapping, conspiracy and related charges against seven Marines and a Navy corpsman. The men from Kilo Company from the 3rd Battalion, 5th Marine Regiment have been in the Pendleton brig since May 24.

They are accused of conspiring to kidnap and kill 52-year-old Hashim Ibrahim Awad in the village of Hamdania. They are also alleged to have staged the scene with a shovel and an AK-47 assault rifle to make it appear Awad was killed while attempting to plant a roadside bomb.

If four more service members are charged, it would be the highest number of U.S. troops to be charged in a war crime in Iraq since the March 2003 invasion.

In addition to Siegel and Kelley, two other people with intimate knowledge of the case said they also have been told that more Marines will be charged.

The men suspected in the killing were initially detained at Marine Corps base Camp Fallujah in Iraq. When they were returned to Pendleton, a base spokesman said that, in addition to those who were eventually charged, four members of the unit were restricted to base.

The four said to be facing the prospect of a criminal charge were initially considered material witnesses in the case. Their restriction to base was lifted by the Marine Corps in early June without explanation.

It was not immediately known if the four men said to be facing charges are the same Marines who were restricted to base in June.

The men already charged in the case are awaiting court proceedings known as Article 32 hearings to determine if the accusations against them will move ahead to courts-martial, or military trials. Those hearings are not expected to begin until mid-September or later.

Charged on June 21 were Sgt. Lawrence Hutchins III, Cpls. Marshall Magincalda and Trent D. Thomas, Hospitalman 3rd Class Melson Bacos, Lance Cpls. Tyler A. Jackson, Robert B. Pennington and Jerry E. Shumate Jr., and Pfc. John J. Jodka III.

Kelley, who represents Thomas, hesitated to speculate as to when charges against others could be brought, but said his "best guess" was that it may happen before the hearings for those already charged.

If an officer is charged, "it has the potential of being very significant," Kelley said.

"The military law is that obedience to lawful orders is always a defense to allegations of misconduct," he said. "So, if Cpl. Thomas and the others were following lawful orders, that is an absolute defense."

One issue could be whether an order, if given, was lawful.

Kelley, whose firm is the National Military Justice Group in Birmingham, Ala., said that it is "not always clear on its face whether an order is lawful or not. Very often, it is a gray area."

As the Hamdania case moves forward, Marine Corps officials are awaiting the completion of a Naval Criminal Investigative Service probe into allegations that a different group of Camp Pendleton Marines may have committed crimes in the deaths of 24 Iraqis in the city of Haditha on Nov. 19.

In that case, as many as a dozen or more squad members from Camp Pendleton's 3rd Battalion, 1st Marine Regiment are alleged to have gone on a rampage after a roadside bomb killed a member of the unit.

No one has been charged in that case, in which the investigatory work is said to be weeks away from completion. An accompanying investigation conducted under the direction of a U.S. Army general into whether Marine commanders in Iraq failed to adequately investigate initial reports of the incident has been completed but remains under wraps pending completion of the criminal investigation.

-- Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com. Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.

The fact that the Marine Corps may be filing additional charges seems contrary to the present defendants pleas of innocence. If the case was so weak would they charge four more? Where there is smoke there is generally fire. Evidence is going to be interesting in this case.

[fontman]

'It's all a lie': More families of accused Marines speak out
By: MARK WALKER and TERI FIGUEROA - Staff Writers
North County Times
July 31, 2006

OCEANSIDE ---- The families of four Camp Pendleton Marines awaiting hearings on charges that they murdered an Iraqi civilian say they won't rest until the men are exonerated.

"The Marine Corps didn't count on this group of parents when it filed those charges," said John Jodka Jr., father of Pfc. John Jodka III, during a gathering of the group at an Oceanside restaurant Sunday. "The government wants a fight. Now it has one, because we aren't ever going to roll over, and neither are these men."

The younger Jodka and seven other men are being held in the base brig in connection with the April 26 death of Hashim Ibrahim Awad.

For Reyna Griffin, the fiancee of Sgt. Lawrence Hutchins III and mother of the couple's young daughter, the seven Marines and Navy corpsman charged in alleged killing are anything but criminals.

"Sgt. Hutchins and the other men are heroes," she said, shortly after visiting him at the Camp Pendleton brig.

Griffin said the ordeal has been hard on the whole family, including the couple's nearly 2-year-old daughter, who hasn't seen her dad in more than nine months.

"It's extremely tough," Griffin said. "This is something you think about every minute of every hour every day. There's no putting it away. It's just not getting any easier."

Hutchins' father, Larry Hutchins Jr., said he saw his son on Sunday for the first time since he and the other men were incarcerated on May 24.

"I think they were just doing their job over there, and whatever happened, there was a reason for it," said Hutchins, who lives near Boston and has stayed in touch with his son through regular telephone calls. "He told me that nothing happened the way they (the Marine Corps) say it did. Larry told me it was all a lie."

Charged with conspiracy to commit murder, kidnapping and related offenses are Hutchins and Jodka, and Cpl. Marshall Magincalda, Hospitalman 3rd Class Melson Bacos, Cpl. Trent D. Thomas and Lance Cpls. Tyler Jackson, Robert Pennington and Jerry E. Shumate Jr.

The men are charged with taking the 52-year-old man from his home, forcing him into a hole on the side of the road and tying his hands and feet. Five are accused of firing on Awad.

Three others allegedly placed a stolen AK-47 assault rifle in the hole to make it appear that he was planting a roadside bomb. The charges also contend three of the men fired the rifle, collected the casings and placed them next to Awad's body, and then wiped fingerprints from the gun.

In meetings with the North County Times the last two weekends, the parents and relatives of each of the accused expressed confidence that the truth will eventually show their loved ones are innocent of the crimes they are accused of committing.

Most also said that the accusations have overwhelmed their lives, their pocketbooks and their confidence in the military judicial system.

Echoing what other parents of the eight men have said, Deanna Pennington said Sunday she learned of her son's troubles when she accepted a collect phone call from the base lockup.

The conversation, she said, went something like this: "I'm in the brig. I didn't do anything wrong. Can you help me?"

Across the country, when Larry Hutchins Jr. got the collect phone call from his son, it began, he said, with a simple question from the 22-year-old Marine.

"Dad, are you sitting down?" the elder Hutchins said, adding that his son quickly told him he was in the brig and " 'It's for something we didn't do.' "

Hutchins said the news blindsided him. "You expect a phone call (that) your son was killed, missing an arm or a leg. Not something like this."

Hutchins' concern was etched on his face as he spoke.

"I'm hoping and praying everything goes well," he said. "I hope for the best."

Even with their own son in the brig, the Penningtons, fresh from a move to Maui, will be there when other members of their son's unit, the 3rd Battalion, 5th Marine Regiment come home, an arrival said to be set for today.

The parents said they want to go in support of the men their son calls "brothers."

"My son's brothers are coming home from the hellhole," Deanna Pennington said. "I'm am so happy. It's a bittersweet happiness, but I am so happy."

They also said they believe parents of Marines not in any trouble will attend the homecoming carrying signs in support of the eight accused men.

"To be the parent of a Marine is a way-different experience than anything," Deanna Pennington said. "That fear of the knock at the door, the strange car coming up the street when you know every car in the neighborhood. ... It binds us together."

The parents said they know in detail what's going on with one another's sons. They knew when one of them was having girlfriend issues; they knew when one suffered an ankle injury.

The support has come in more than just words. Take the East Coast-based Griffin, who said Sunday that she and her little girl are moving to Riverside County to live with the wife and toddler daughter of accused Cpl. Trent Thomas.

The families developed bonds long before the criminal charges, having met at a gathering that the Marine Corps hosted for departing and returning troops.

Since their loved ones were locked up, their bonds have deepened, they said, forged in a time of personal crisis for each. They have stayed in regular contact through electronic mail and occasional conference calls.

Since the first phone calls from the men in the brig, life for the families has been about finding lawyers, taking calls from reporters and defending their sons.

John Jodka Jr. has made a number of public appearances to bring attention to the case.

"I have no confidence this system will work properly without the full light" that comes with going public.

As weeks in the brig stretched into its third month, the families said they were eager to see their sons out of custody.

Pennington's mother said her usually upbeat son has been OK ---- until recently.

"There is a sense of despair," Deanna Pennington said, referring to a phone call between the two of them about a week ago. "He said, 'Mom, I just gotta get out of here. We need to get out.' "

Civilian attorneys representing some of the men have renewed requests that their clients be released pending Article 32 hearings that are set for mid-September. Article 32 hearings, the military version of preliminary hearings, are held to determine if there is enough evidence to bind the accused over for trial.

Their release before those hearings appeared doubtful, however. An e-mail sent to the North County Times by one of the civilian attorneys on Friday said that Marine Corps officials are rejecting those requests.

Even so, don't look for the eight accused men to run for the cover of immunity or deals, their families said.

Deanna Pennington said her son told her that not only will the men not turn on one another, he told her: "There is nothing to take immunity for. There's nothing to cop to."

No matter what happens, Griffin said, she also expects Hutchins and his squad mates to continue to stand as one.

"These men have been through blood, sweat and tears, and there's no chance that any in the squad would flip on the others," Griffin said.

Don Greenlaw, a retired Marine and Oceanside resident, won permission ---- with the backing of the families ---- from the Marine Corps to visit the men in the brig. On Sunday, he saw them and delivered a message of support.

Greenlaw is involved with a Web site defense fund, www.warrior-fund.org, one of several such funds established to raise to money to help pay for the men's civilian attorneys. The site has raised about $11,000 since it was established last month, Greenlaw said.

"We let them know that we are there for them and that we care," he said.

Greenlaw said he fully supports efforts to have the men released from the brig as they await military court hearings.

"They don't belong in the brig," he said during Sunday's gathering. "These guys aren't going to run ---- they're going to stay here."

The Marine Corps has said the men were confined because of the seriousness of the crimes with which they have been charged.

The former Marine captain who saw action in the Korean War said the accused and their families are unnecessarily hurting.

"Their parents and their wives and loved ones are suffering, and their kids are suffering," he said.

Griffin agreed that the case, now entering its fourth month, has taken a toll.

"It's not just emotionally exhausting, it's physical as well. There is no escaping this."

-- Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com. Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.

[iamcloudlander]

I fully understand what you are saying and feel deep sympathy for all the Marines involved in this travesty.
What I don't think you understand is that I don't think you will get to much help from any government official elected or not because they are to afraid of losing their cushy jobs.
I have written many letters faxes etc to all my elected legislatures and have received exactly 0 answers from any of them.
I wrote them in regards to the army prison guards being charged with crimes involving their treatment of prisoners.
I tried to show that what they had done was by far less than the our pows had to endure at the hands of their captors. It fell on deaf ears.
Remember to that by the time a man is promoted to a general he is not much of a military man anymore but is a puesdo politician and are just as afraid of losing their jobs as are their civilian counterparts. As the old saying goes make waves in Washington and you disappear rapidly.
Note LtCol North he was made the scapegoat and he effectively disappeared.
There is no fame for the crybaby rights advocates in this instance so they have no desire to get involved they probably feel that since the alleged crime was against non citizens the Marines deserve what they get.
In every war there are scapegoats that pay the ultimate price for their countrys leaders mistakes--besides we have to remain in good graces with the rest of the world and show them that we will sacrifice our own to retain their friendships.
This is a very sad story for the accused Marines but if it wasn't this 8 (12) it would be others.
Regardless of what all the other Marines on this site that read this will say about me I have learned since coming home from Vietnam in 1967 that this country will turn its back on anyone at anytime and be the first to do it. You see it happening as we speak.

[fontman]

Still on lockdown
Phil Hayworth
Tracy Press

Military officials Friday denied a request that U.S. Marine Lance Cpl. Tyler Jackson, 22, of Tracy be allowed to leave the brig at Camp Pendleton.

Jackson has been in jail going from maximum to medium security since May 12, when he, along with Cpl. Marshall Magincalda, 23, of Manteca, and six others, was charged with killing an Iraqi civilian in Hamdania on April 26.

Jackson's defense attorney quashed recent rumors that U.S. Marine officials are concerned the men might flee if released.

"That's their opinion," said Thomas Watt, Jackson's attorney. "I totally disagree."

Watts said "Tyler is doing exceptionally well and has a really good attitude under the circumstances," even after learning that his request for release was denied.

Watts said that Friday's hearing was a "magistrate's hearing" regarding only Jackson's release, and not the Article 32 hearing set for Aug. 14. That hearing, which will determine if there is enough evidence to lead to a general court-martial, will likely be set back, possibly to sometime in September.

"I don't know exactly when it will happen," Watt said. "We're waiting until all the witnesses return from Iraq."

Watt said that there are military witnesses possibly fellow Marines who are part of the prosecution's case against Jackson and the others. He said that those witnesses should be returning shortly from Iraq as a part of a normal "rotation process."

Jackson, along with six members of the Camp Pendleton-based 3rd Battalion, 5th Marine Regiment's Kilo Co. and one Navy corpsman, are charged with the April 26 premeditated murder of 52-year-old Hashim Ibrahim Awad.

The charges also include kidnapping, conspiracy, assault, larceny, housebreaking, making false statements and obstruction of justice. The Marine Corps alleges that the men lied when they said Awad was planting a roadside bomb. Instead, they say the Marines planted a shovel and an AK-47 weapon on the man to make it appear as though he was planting a bomb.

Charges were levied against Jackson; Magincalda; Sgt. Lawrence G. Hutchins III, 25; Cpl. Trent D. Thomas, 24; Hospitalman 3rd Class Melson J. Bacos, 20; Pfc. John Jodka III, 20, of Encinitas; Lance Cpl. Jerry E. Shumate Jr.; and Lance Cpl. Robert B. Pennington, 21.

Lt. Colonel Sean Gibson, a public affairs officer, would not comment about whether the Marines fear the men will flee if released. He also would not comment about allegations that the men are being treated unfairly when compared with the Marines alleged to have killed at least 25 civilians in Haditha.

Unlike the Marines accused of crimes in Hamdania, called the Pendleton 8, the Haditha Marines are not being held in the brig.

They're "two different cases, and it wouldn't be appropriate for me to draw comparisons," Gibson wrote via e-mail Friday.

According to a letter sent to defense lawyers by Lt. Col. John Baker, a senior trial counselor, Jackson's Aug. 14 date could be pushed back to September, along with that of Lawrence G. Hutchins III and Pfc. John Jodka.

While some are relieved there's forward movement, Terri Jackson, Tyler's mother, said she thinks the military should take its time.

"I don't want the trial rushed," Terri Jackson said from a relative's home in San Diego. She said that the defense lawyers still don't have all the evidence the military might have against the men and the case.

Meanwhile, friends of Jackson will host a fundraising event to help pay for his legal costs. A Day at the Park is scheduled from 11 a.m. to 4 p.m. Aug. 12 at Clyde Bland Park near Byron Road and Interstate 205.

There will be hot dogs, balloons and sack races - and everything is free, but friends ask that attendees make donations.

Also, rummage-sale fundraisers are set for the weekends of Aug. 19 and 26.

[thedrifter]

Hearings set for accused Marines in Hamdania case

By: MARK WALKER - Staff Writer

CAMP PENDLETON -- The first of three military court hearings to determine whether kidnapping, murder and related charges will be brought against seven Marines and a Navy corpsman now charged with killing an Iraqi civilian in April is set to begin on Aug. 28, a Marine Corps spokesman said Monday.

Maj. Jeffrey Nyhart said the Article 32 hearing for Lance Cpl. Jerry Shumate Jr. is scheduled to begin that date inside a Camp Pendleton courtroom.

Shumate is the only one of those charged whose hearing will focus solely on his alleged role in the death of 52-year-old Hashim Ibrahim Awad in the Iraqi village of Hamdania.

Part of the charges against Shumate accuse him of firing rounds from his M-16 rifle into Awad, who authorities allege was taken from his home, bound and shot, with the death scene staged to make it appear he was planting a roadside bomb.

Nearly a month after Shumate's hearing, a combined Article 32 hearing is set to take place starting Sept. 25 for Cpl. Marshall Magincalda, Hospitalman 3rd Class Melson Bacos, Lance Cpl. Robert Pennington and Pfc. John Jodka III. Article 32 hearings are the military's version of a pre-trial hearing to determine if criminal charges should stand and a court-martial be held.

"We'll be ready to go on that date," said Jane Siegel, a retired Marine attorney hired by Jodka's family to help defend the Encinitas native.

Magincalda, Bacos and Pennington are accused of placing Awad near the hole where he was shot, and Bacos is further alleged to have fired a stolen AK-47 assault rifle and placing the spent shells around Awad's body. Jodka is accused of firing rounds from his M-249 machine gun into Awad.

On Oct. 18, a hearing for Sgt. Lawrence Hutchins III, Cpl. Trent D. Thomas and Lance Cpl. Tyler Jackson is set to begin, Nyhart said, cautioning that each hearing date could change based on extenuating circumstances.

Hutchins is accused of firing his M-16 at Awad, lying about what happened and instructing his men to lie to investigators. Thomas is accused of kidnapping Awad and helping bind his hands and feet. Jackson is accused of firing rounds from his machine gun into the Iraqi.

It was not immediately clear why the hearings are being grouped the way they were announced. Defense attorneys interviewed Monday said they are preparing their cases based on the dates given by the Marine Corps.

Each man faces the possibility of the death penalty if convicted of premeditated murder. Their attorneys and family members contend they are innocent of any wrongdoing, and Marine Corps officials stress each is presumed innocent.

The men's first chance to enter a formal plea will come if the Marine officer presiding over hearings recommends the cases proceed to courts-martial and the commanding general, which will be Lt. Gen. James Mattis, concurs.

If that happens, a jury of military officers would be empaneled to hear the cases.

The hearings come months after the men from the 3rd Battalion, 5th Marine Regiment were first detained in Iraq in late April and then transferred to Camp Pendleton, where they were placed in the base brig on May 24.

The Marine Corps announced the charges against the men on June 21, and lodged a new set of allegations against three of them and three others last week.

The new allegations charge Sgt. Hutchins with assaulting three Iraqi civilians on April 10 in Hamdania. Thomas and Shumate also are accused of assaulting one of three men allegedly beaten by their sergeant.

In addition, the Marine Corps filed assault charges against Lance Cpls. Saul H. Lopezromo and Henry D. Lever and Pfc. Derek I. Lewis. Those men do not face any confinement or base restrictions based on a decision made by their commander, Nyhart said.

It has not been determined whether those charged in the assault case will have Article 32 hearings. The Marine Corps may opt for a less serious process to resolve those cases, Nyhart said.

"It is inappropriate to assume that a certain course of action will be followed," he said, pointing to the Uniform Code of Military Justice, which allows for a less serious way to resolve some criminal cases.

As the Hamdania case moves forward, the Marine Corps continues to await the final report from the Naval Criminal Investigative Service on the much more notorious case involving the shooting deaths of 24 civilians Nov. 19 in Haditha, Iraq.

Members of the 3rd Battalion, 1st Marine Regiment from Camp Pendleton are under investigation in that case, which was first reported by Time magazine in March and caused an international uproar. None of those Marines has been charged with any crime.

That investigation is said to be "very much ongoing" and it could be several weeks before a decision is made on whether anyone will be charged in that case.

A companion report prepared under the direction of a U.S. Army general into whether Marine commanders failed to properly investigate the first reports of the Haditha killings is complete but remains under wraps pending completion of the criminal probe.

-- Contact staff writer Mark Walker at (760) 740-3520 or mlwalker@nctimes.com.

Ellie

[sgtofrifleman]

Well i hope that the CMC will step in and put a stop to this.

Semper Fi

[Zulu 36]

Well i hope that the CMC will step in and put a stop to this.

Semper Fi

Unfortunately, at this point, most of this case is out of any CMC's hands. The new CMC won't be in office until November and by that time there should be some resolution on the Article 32 hearings - good, bad, or indifferent.

The most any CMC could do in this case would be to suggest a very careful review of evidence and a careful review of necessity to keep the accused in custody. But the final decisions remain up to the legal convening authority, which isn't the CMC. It might be considered undue command influence to do more and even that little might be pushing it.

[thedrifter]

Posted on Thu, Aug. 10, 2006

Assault charges likely for platoon leader in Iraq slaying

By Josh White and Sonya Geis
WASHINGTON POST


A Marine Corps platoon leader is expected to be charged with assault this week for his alleged role in the slaying of an Iraqi citizen in the village of Hamdaniyah earlier this year, his defense attorney said.

It would make him the ninth U.S. serviceman charged in relation to the case.

Officials at Camp Pendleton near San Diego declined to comment on potential charges against Lt. Nathan Phan.

But his attorney, David Sheldon, said he has been informed that Phan likely will face assault charges in connection with an April 26 incident involving a squad of Marines with Kilo Company, 3rd Battalion, 5th Marine Regiment.

Military officials have alleged that the troops grabbed an Iraqi man from his home, bound his arms and legs, and shot him in the face.

Sheldon said Phan "had no involvement whatsoever with any wrongdoing," adding that his client was not present when other Marines allegedly shot the Iraqi several times.

Seven Marines and a Navy corpsman have already been charged with murder in the case, and three other Marines are under investigation.

Defense attorneys have said the Marines were on a mission to ambush insurgents who had been planting bombs on a Hamdaniyah road when they encountered the Iraqi man.

Defense attorneys said they believe preliminary hearings could begin next month.

Sheldon said the allegations against Phan are "baseless."

Ellie

[falcon]

I have written several letters to congress and also the state sentor's office. In my opoion this is severly wrong. These men have followed the orders of their higher ups, had faith in their leaders, their teams, and the Corps. And if we let them down in their time of need then who are we to say "we stand together" and we are a "band of Brothers". The "new" corps is falling apart. Pendleton is in shambles. Some of the leaders from 3/1 have suddenly transfered to other units within 3/1. We were sworn in to protect this graet nation of ours. To take the stand when put to the test. And it furies me to see what is happening. Honor,Courage,Comminent is what we stand for. NOT to have our brothers and sisters take the fall for someone else's mistakes.

[thedrifter]

9th Marine expects charge in Iraq killing

CAMP PENDLETON, Calif., Aug. 10 (UPI) -- An assault charge is expected for a U.S. Marine platoon leader at Camp Pendleton, Calif., for his alleged role in the slaying of an Iraqi man.

Lt. Nathan Phan would be the ninth charged in the April 26 incident, the Washington Post said.

The killing took place in the village of Hamdaniyah where a man was pulled from his home by a group of Marines, bound and shot in the face.

Phan's attorney says the lieutenant was not present when the killing took place and allegations against him are "baseless."

Seven Marines and a Navy corpsman have been charged with murder and three other Marines are under investigation.

Ellie