Local Serviceman Makes it Big in Iraq *Update 8/3*

[JonJ]

Unbelievable!
Sgt. Lawrence G. Hutchins III is from Plymouth.

http://northeastshooters.com/vbulletin/newthread.php?do=newthread&f=10

Seven Marines, One Sailor Charged With Murder in Iraqi Civilian Death at Hamdaniya

Thursday , June 22, 2006

WASHINGTON — Seven Marines and a Navy corpsman were charged Wednesday with premeditated murder in the shooting death of an Iraqi man who was pulled from his home and shot while U.S. troops hunted for insurgents. They could face the death penalty if convicted.

All eight also were charged with kidnapping. Other charges include conspiracy, larceny and providing false official statements.

Col. Stewart Navarre, chief of staff for Marine Corps Installations West, announced the charges at Camp Pendleton Marine Corps base, where the eight are being held. The troops are members of the Pendleton-based 3rd Battalion, 5th Marines Regiment.

The case is separate from the alleged killing by other Marines of 24 Iraqi civilians in the western Iraqi city of Haditha last November. A pair of investigations related to that case are still under way, and no criminal charges have been filed.

Some or all of the troops being held at Camp Pendleton could face the death penalty, though Navarre said "it's far too early to speculate on that right now."

Lt. Gen. John Sattler, the senior commander at Pendleton, will decide whether and how to proceed with preliminary hearings known in the military justice system as Article 32 proceedings. That in turn could lead to courts-martial for some or all of the men.

All eight have hired private attorneys and also have been given military defense lawyers.

The Pentagon began investigating shortly after an Iraqi man identified as Hashim Ibrahim Awad was killed April 26 in Hamdania, west of Baghdad. A charging document provided to The Associated Press by Jane Siegel, an attorney for Marine Pfc. John J. Jodka, alleges that the Iraqi was shot by five of the Marines and that an AK-47 assault rifle were placed in the victim's hands, apparently to make it appear he was an insurgent.

A senior Pentagon official, who spoke on condition of anonymity because he was not authorized to discuss the matter publicly, has said a shovel was also planted on the body to make it appear the man was trying to plant an explosive device.

Besides Jodka, charged were Marine Sgt. Lawrence G. Hutchins III, Marine Cpl. Trent D. Thomas, Navy Hospital Corpsman 3rd Class Melson J. Bacos, Marine Lance Cpl. Tyler A. Jackson, Marine Lance Cpl. Jerry E. Shumate Jr., Marine Lance Cpl. Robert B. Pennington, and Marine Cpl. Marshall L. Magincalda.

According to the charging document, the troops were staking out an intersection to see whether anyone appeared to place explosives in holes along the road. When no one came, Magincalda, Thomas, Pennington and Bacos went into a nearby home, stole a shovel and an AK-47 and went looking for an insurgent named Saleh Gowad.

When they couldn't find Gowad, they went into a house belonging to Awad and kidnapped him, prosecutors assert. Magincalda, Thomas, Pennington and Bacos forced Awad to the ground and bound his feet, then took him to their hideout and placed him in a hole.

Hutchins, Thomas and Shumate fired M-16 rifles at Awad while Jackson and Jodka fired M-249 automatic weapons, killing him, according to the document.

Bacos then fired the AK-47 into the air to expend some shell casings. Magincalda collected the casings and put them by the body, the paper said. Pennington cleaned prints off the AK-47 and put it in Awad's hands.

Hutchins, the top-ranking Marine, told his men to make false statements and on April 28 submitted "a false written report regarding the factors and circumstances related to Awad's death," according to the document.

The larceny charge relates to the theft of the AK-47 and the shovel.

Siegel, Jodka's lawyer, said the Pentagon's decision to hold a news conference to announce the charges turned the event into a media circus.

"There is nothing more serious that they could be charged with — these could be capital murder charges — so this is literally a life-and- death situation. And I am just stunned that the government would decide to handle a case that is this serious in the way that they have," she said.

Jeremiah Sullivan III, who represents Bacos, said, "These allegations are shocking, but my client is innocent. Believe me, there are two sides to this story."

Separately, the U.S. military in Iraq announced that murder charges were filed against a fourth Army soldier in the shooting deaths May 9 of three civilians who had been detained by U.S. troops. Spc. Juston R. Graber, 20, of the 101st Airborne Division was charged with one count of premeditated murder, one count of attempted premeditated murder, one count of conspiracy to commit murder, and making a false official statement.

On Monday the military announced that three soldiers of the 101st Airborne Division had been charged with murder and other offenses in connection with the May 9 killings. It was not clear why charges against the fourth soldier were not announced until Wednesday.

 

[depicts]

A friend sent me this and asked to pass it along. If I am out of line posting it here I apologize.

I Don't Care

The lady who wrote this letter is Pam Foster of Pamela Foster and Associates in Atlanta. She's been in business since 1980 doing interior design and home planning. She recently wrote this letter to a family member who does not share her feelings.

WHAT'S ALL THE FUSS? "Are we fighting a war on terror or aren't we? Was it or was it not started by Islamic people who brought it to our shores on September 11, 2001? Were people from all over the world, mostly Americans, not brutally murdered that day, in downtown Manhattan, across the Potomac from our nation's capitol and in a field in Pennsylvania?

Did nearly three thousand men, women and children die a horrible, burning or crushing death that day, or didn't they?

And I'm supposed to care that a copy of the Koran was "desecrated" when an overworked American soldier kicked it or got it wet? Well, I don't. I don't care at all.

I'll start caring when Osama bin Laden turns himself in and repents for incinerating all those innocent people on 9/11.

I'll care about the Koran when the fanatics in the Middle East start caring about the Holy Bible, the mere possession of which is a crime in Saudi Arabia.

I'll care when Abu Musab al-Zarqawi tells the world he is sorry for hacking off Nick Berg's head while Berg screamed through his gurgling slashed throat.

I'll care when the cowardly so-called "insurgents" in Iraq come out and fight like men instead of disrespecting their own religion by hiding in mosques.

I'll care when the mindless zealots who blow themselves up in search of nirvana care about the innocent children within range of their suicide bombs.

I'll care when the American media stops pretending that their First Amendment liberties are somehow derived from international law instead of the United States Constitution's Bill of Rights.


In the meantime, when I hear a story about a brave marine roughing up an Iraqi terrorist to obtain information, know this: I don't care.

When I see a fuzzy photo of a pile of naked Iraqi prisoners who have been humiliated in what amounts to a college-hazing incident, rest assured that I don't care.

When I see a wounded terrorist get shot in the head when he is told not to move because he might be booby-trapped, you can take it to the bank that I don't care.

When I hear that a prisoner, who was issued a Koran and a prayer mat, and fed "special" food that is paid for by my tax dollars, is complaining that his holy book is being "mishandled," you can absolutely believe in your heart of hearts that I don't care.

And oh, by the way, I've noticed that sometimes it's spelled "Koran" and other times "Quran. Well, Jimmy Crack Corn and ---- you guessed it - - - I don't care!

If you agree with this viewpoint, pass this on to all your e-mail friends. Sooner or later, it'll get to the people responsible for this ridiculous behavior! If you don't agree, then by all means hit the delete button.

Should you choose the latter, then please don't complain when more atrocities committed by radical Muslims happen here in our great country.

I am not deleting this, I am sending it on, but only after I add:

ME, TOO

Bill

 

[kendall-op]

Me to. The gloves must come off.And the media and Washington must SHUT THE F--K UP.

 

[LORD of WAR]

heres my brutally honest opinion...those marines did the wrong thing by killing only one person...they should have done the whole village...no witnesses...3 can keep a secret if 2 are dead

 

[BigRich06]

War must be a tough thing...i say they did what they had to do...why not fight dirty like the terrorists do?? i see nothing wrong with it

 

[jwilson]

it is easy to be a Monday morning quarter back! what could have should have happened!!! I Will take the Marines word for it!!! Lets trust the Marines first!!!

 

[SiameseRat]

what ever happened to "all's fair in love and war"?

 

[tele_mark]

what ever happened to "all's fair in love and war"?

The ultra-lefties

 

[JonJ]

I believe the press should butt out of military operations and let the military do what they have to do. There are many operations that public just doesn’t need to know about as it could put soldiers in harms way or jeopardized the operation. The military should be allowed to do their jobs however the job must be completed without micromanagement or have their actions steered by public opinion.

The seven that have been charged are facing very serious allegations and I see no problem with that being released. Reading the details, it appears that one or more of the seven may have cooperated in the investigation. This isn’t a case of putting panties on someone’s head or posing them naked in a pyramid for photos. It isn’t a case where a noncombatant was killed in the crossfire or mistaken for a combatant. I could care less about that. They are charged with kidnapping and covering up the murdering an Iraqi citizen. From the reports that we have access to, it doesn’t appear that this person was an insurgent or combatant. I realize that they are in a war zone and the enemy is not easily identified but that doesn’t excuse their actions if found to be true.

Soldiers cannot be allowed to run amok and kill anyone that they want to kill. That leads to a total breakdown. Incidents like this set back everything that every other soldier, living or dead, has done to “win the hearts and minds of the people” that we are trying to liberate.

These men are in uniforms of the United States military and have to be held accountable for their actions whatever they may be.

I hope and pray that the allegations are not true. Sgt Hutchins’ parents are close friends with my sister-in-law’s family and it’s a black eye for the world to see. I would much rather be reading about the good things that are being to done to help the Iraqi people and government.

 

[SiameseRat]

I would much rather be reading about the good things that are being to done to help the Iraqi people and government.

But how bored would the media get if they had to take another picture of soldiers giving Iraqi children school supplies, clothes, toys, candy? Who cares if they're giving toiletries to refugees, who cares that there were elections, who cares if it was American soldiers that found Saddam? I mean it's much more interesting that Saddam is (not) having a hunger strike and that American troops are evil...

 

[KMaurer]

I think that we need to keep a few things in mind.

1. These people aren't being vilified by the media; they're being charged with murder by the United States military;
2. The acts they're being charged with, if true, would have done absolutely nothing to help our cause in Iraq, either militarily or politically;
3. Even without the inevitable assistance of the mainstream media, acts such as these (whether true or merely media-fostered myths) will almost certainly result in the deaths of additional US military there.

I'm going to withold judgement and wait for the results of the trials. In the case that they turn out to be guilty, I have absolutely no sympathy for any of them. The specifications charged aren't even close to any gray area, and were hardly "heat of the moment". If found guilty, I have the same sympathy for them that I have for Henry Lee Lucas or the DC snipers, actaully a lot less, since the later didn't trash the name of my Corps.

Ken

 

[JonJ]

Convicted

http://www.signonsandiego.com/news/military/20070803-9999-1n3hamda.html

Pendleton Marine convicted of murder

Hamdaniya defendant could get life in prison
By Rick Rogers
UNION-TRIBUNE STAFF WRITER

August 3, 2007

After more than a year of trying, the prosecution won its first and only murder conviction yesterday against a Camp Pendleton squad that killed an Iraqi man in the name of vigilante justice.

The verdict came in the court-martial for Marine Sgt. Lawrence Hutchins III, who instigated and led the plot to abduct and execute the man April 26, 2006, in Hamdaniya, Iraq.

Hutchins stood at attention and showed no emotion as the all-Marine jury rendered its verdict. The panel found him guilty of unpremeditated murder, larceny, conspiracy and making a false official statement.

Hutchins, 23, is the first Marine to be convicted of a war-zone murder since the Vietnam War.

The jury acquitted him of kidnapping, obstruction of justice, assault and housebreaking.

Had Hutchins been convicted of premeditated murder, he would automatically have gone to prison for life without parole.

“I think he was extremely relieved at being found not guilty of premeditated murder,” said Rich Brannon, the lead defense attorney.

Hutchins still faces a maximum sentence of life imprisonment; there is no mandatory minimum punishment based on yesterday's conviction.

His sentencing hearing took place immediately after the jury delivered its verdict. Hutchins' family members spoke on his behalf, and then he gave an unsworn statement.

He did not apologize for masterminding the Hamdaniya crime. Instead, Hutchins said his squad was going after a suspected insurgent who always got released by Iraqi authorities after the Marines arrested him.

As it turned out, the unit couldn't locate that man and decided to snatch one of his neighbors, whose identity remains in question. The squad's seven Marines and one Navy corpsman took the neighbor from his bed, brought him to a roadside hole, bound him and riddled his body with bullets.

“I participated in the events of April 26 out of a sense that it was part of our mission,” Hutchins told the jurors. “Every day, there were (bombs) going off in our area of operation, and we knew who was doing it.”

Shortly before the verdict was announced, Lt. Col. John Baker, the lead prosecutor, described the Hutchins trial as the most important of the Hamdaniya case. Hutchins was the squad's senior member, and the other seven defendants all blamed him for ordering the killing.

“I'm nervous about this one,” Baker added. He was referring to previous setbacks for the prosecution.

On Wednesday, for example, a military jury acquitted Marine Cpl. Marshall Magincalda of murder charges. Another jury did the same for the second highest-ranking member of Hutchins' unit, Marine Cpl. Trent Thomas, about two weeks earlier.

Baker served as lead prosecutor in the trial for Thomas, who was given a demotion and a bad-conduct discharge but no prison time.

“The harsh reality is that you have the same facts for (several) cases and with different judges and different juries, you get different outcomes,” said John Hutson, dean of the Franklin Pierce Law Center in Concord, N.H., and a former Navy judge advocate.

“There is a great deal of human judgment involved,” he added.

The big question now, Hutson said, is whether the Hutchins jury will consider the pressures and stresses of combat as it begins deliberations on a sentence today.

“When you convict someone of murder, that is the big leagues,” he said. “I would think the jurors would come up with a serious sentence.”

Two weeks ago, Hutchins told a newspaper near his hometown of Plymouth, Mass., that he expected to be acquitted of all charges.

Now his hopes might largely rest on convincing jurors that forces beyond his control prompted the Hamdaniya incident. Hutchins and his attorneys have pointed to factors such as post-traumatic stress disorder, the maddening chaos of warfare in Iraq and the insistence of Marine commanders that Hutchins' squad crack down more on insurgents.

During the sentencing hearing, Hutchins' mother sought compassion from the jury. She said her son joined the Marine Corps to protect his nation after the Sept. 11 terrorist attacks, despite his family's concerns.

“I gave him to the Marines and all I want is for the Marines to give him back to me,” said his mother, Kathleen Hutchins.

Hutchins' wife, Reyna, married him after the Hamdaniya investigations began. They were allowed to have a small wedding ceremony at Camp Pendleton. Otherwise, Hutchins has been confined to the base's brig since May 2006.

Yesterday, Reyna Hutchins asked jurors to let her husband reunite with her and their nearly 3-year-old daughter, Kylie.

“I love my husband more than anything in the world, and his daughter and I need him,” Reyna Hutchins said.

Hutchins, perhaps, gave the jury the most to consider.

While directly facing the jurors, he noted the frustration of many Marines like him who risked their lives to capture suspected enemies, only to have them set free by corrupt Iraqi leaders.

Hutchins said he lost his faith in God after his arrest last year, but that he found it again through the love of his family and the value of the simple things he once took for granted.

He concluded by saying: “Seeing so much death in Iraq, it has made me look at life in a new way. That's all I have to say, ooorah!”

 

[dreppucci007]

[sad2]

 

[sksguns]

Help me out here.....there is no minimum amount of time that he has to serve.....could they give him like a year or sentence him to time served?

 

[Len-2A Training]

They could, but the military does not usually go easy on their own!

 

[MrsWildweasel]

He could possibly be in Leavenworth for a very long time.