Pendleton Eight – Hamdaniya K-3-5
By Major Bill Donahue, USMC -RET | Monday, November 16th, 2009
UPDATE: October 31, 2006
Three defendants have now entered into plea bargains. They are;
Navy corpsman Melson Bacos
Pfc. John Jodka III
Lance Cpl Tyler Jackson
And, there is now mounting evidence about possible conspiracies and misdeeds within the Naval Criminal Investigative Services (NCIS). This is the agency that conducted the initial investigations. We (UnitedPatriots) are in a full court press on this.
Update: October 17, 2006
Sergeant accused in Iraqi man’s killing appears in court; defense attorneys lining up trip to Iraq as Hamdania case moves ahead
By: TERI FIGUEROA and MARK WALKER – Staff Writers
CAMP PENDLETON —- A Marine sergeant accused of directing his squad in an alleged plot to kidnap and kill an Iraqi civilian squared his jaw and waived his right to make a statement Monday during a hearing to determine if his case will be ordered to court-martial.
Special Report
Sgt. Lawrence Hutchins III is one of eight Camp Pendleton men accused in the April 26 shooting death of 52-year-old Hashim Ibrahim Awad in the rural village of Hamdania west of Baghdad, a place some defense attorneys may soon visit.
A hearing officer must now decide whether to recommend Hutchins face trial. That recommendation is expected to go to Lt. Gen. James N. Mattis early next week.
Eleven days ago, Navy corpsman Melson Bacos pleaded guilty to kidnapping and conspiracy charges and implicated Hutchins as the chief architect of a kidnapping and murder plot he said was hatched in a palm tree grove.
Hutchins’ civilian attorney, Rich Brannon, called Bacos’ story "suspect."
"When you are looking at life in prison and somebody says you can walk out the door, it’s very likely you (will choose to) walk out the door," Brannon said following Hutchins’ hearing. "There is a possibility of untruths in the statement."
But Brannon also cautioned that he is "not going to say he (Bacos) is a liar."
Hutchins, 22, and his squad mates are said to have plotted to kill a known insurgent, but settled for Awad when they could not find their original target. Each has been charged with murder, kidnapping, conspiracy and related offenses. A conviction could land some of them on death row, others in prison for life.
Hutchins also is charged with assault for the alleged April 10 beating of three Iraqis in Hamdania 16 days before Awad was killed.
In what could be a key development, some defense attorneys may soon take a long-sought trip to Hamdania to inspect the killing scene and possibly interview witnesses.
"The government is coordinating a trip to Iraq for defense counsel," Lt. Col. Sean Gibson, Marine Corps spokesman, confirmed Monday afternoon. It was not immediately clear when that trip will take place or how many attorneys will go to Iraq.
Hutchins’ hearing
No new evidence came out in Hutchins’ abbreviated hearing. Instead, some 40 reports, statements and other items submitted by prosecutors make up the bulk of evidence that the investigating officer, Marine Reserve Col. Paul Pugliese, will consider in private. Hutchins’ attorneys gave Pugliese an additional 11 items of evidence.
None of the evidence in Pugliese’s hands is publicly available. Brannon declined to discuss what he gave the hearing officer.
If Mattis orders Hutchins to court-martial, as is expected, the sergeant will then have his first opportunity to enter a formal plea.
The defendants are charged with snatching Awad, a retired Iraqi policeman, out of his home in the middle of the night, marching him about 1,000 yards away and shooting him to death in a dirt hole they dug along the side of a road.
The seven Marines and Navy corpsman are then said to have placed a stolen AK-47 and shovel next to Awad and scattered shell casings around his body to make it appear they’d stumbled across an insurgent who was planting a roadside bomb.
Hutchins’ pretrial hearing, known in military lingo as an Article 32, is the last one that will take place for the Hamdania defendants.
Three of Hutchins’ co-defendants —- Cpl. Marshall Magincalda, Lance Cpl. Jerry Shumate Jr. and Pfc. John Jodka III —- had their investigative hearings in recent weeks, and have since learned their cases are headed to court-martial.
Three other defendants —- Cpl. Trent Thomas and Lance Cpls. Tyler Jackson and Robert Pennington —- were headed for their investigative hearings this week. But on Monday, Marine Corps officials confirmed that the government agreed to grant defense requests to skip those hearings.
It’s a move, the defense attorneys acknowledge, that means their clients are all but certain to go to trial.
Brannon said Hutchins, who has been separated from his co-defendants in the Camp Pendleton brig, has no plans to plead guilty.
Another plea deal similar to the one reached by Bacos is said to be in the works for one of the defendants.
Corpsman implicates Hutchins
Thus far, the only version of what happened that night in Hamdania has come in the form of testimony Bacos gave when he pleaded guilty on Oct. 6.
At that time, Bacos said Hutchins and some of the squad’s senior men huddled together at sunset on April 25 and hatched the plan. Bacos said it was to find, kill and frame Saleh Gowad, a suspected insurgent who had been detained and released by authorities at least three times.
Bacos said that if they could not find Gowad, they would settle for anyone else. He said Hutchins outlined the plan and each man agreed to take part.
At 1:30 a.m. April 26, they put the plan in motion, Bacos said, stealing an AK-47 and a shovel and heading to Gowad’s home. When they couldn’t get to Gowad, they settled on Awad, a neighbor.
He said they marched Awad to the hole, tied him up, and sent a radio message that an insurgent was shooting at them.
Once they got permission to shoot back, several squad members fired on Awad. Bacos also said that Hutchins shortly thereafter fired three shots into Awad’s head, and Cpl. Thomas fired seven to 10 rounds into his chest.
‘You can be a free man …’
Following his client’s hearing, Brannon downplayed Bacos’ testimony, which closely matched the version of events laid out by prosecutors in court documents.
"You can be a free man just by saying what the prosecution wants you to say," the Atlanta-based defense attorney said.
Bacos pleaded guilty to kidnapping and conspiracy to kidnap and make false official statements and was sentenced to one year behind bars with credit for four months already served. The deal requires he testify against the Marines to whom he was assigned to render aid if any were injured.
Victor Kelley, the attorney for Thomas, watched the Hutchins hearing from a media center established by the Marine Corps to accommodate coverage of the case. Kelley said his client will plead not guilty.
" Cpl. Thomas is not going to plead guilty to something he didn’t do and he is not going to testify against his brothers," Kelley said.
Also watching Monday’s proceedings from the media center were Lance Cpl. Pennington’s parents, Terry and Deanna.
Deanna Pennington said the time her son has spent behind bars since being ordered into the brig one day after being returned to the U.S. from Iraq on May 24 is taking a toll.
"Life in the brig is torture," she said. "It’s hell for these guys —- they’re being treated like serial killers."
She said her son and an unspecified number of the other accused men have been offered anti-depressants.
Terry Pennington, a U.S. Air Force veteran, said there is "damage being done to these guys by being behind bars all this time —- it’s unspeakable."
– Contact staff writer Teri Figueroa at (760) 631-6624 or . Contact staff writer Mark Walker (760) 740-3529 or .
AT A GLANCE : The following is the current status of seven Marines and Navy corpsman charged with killing a 52-year-old Iraqi man in the village of Hamdania on April 26.
Each of the accused, including three defendants who have plead guilty in the case, remain in custody in the brig at either the Camp Pendleton or Miramar Marine Corps Air Station.
Petty Officer Melson Bacos, 21, Franklin, Wis. :
PLEA BARGAIN: Pleaded guilty Oct. 6 to kidnapping and conspiracy to kidnap and making false official statements. In exchange, Bacos was given a 12-month jail sentence —- with 142 days credit for time served —- and an agreement that he testify against his squad mates.
Sgt. Lawrence Hutchins III, 22, Plymouth, Mass. :
Article 32 investigative hearing conducted Monday. Awaiting hearing officer’s recommendation to Lt. Gen. James Mattis as to whether he should be ordered to trial.
Lance Cpl. Tyler Jackson, 23, Tracy :
PLEA BARGAIN: Waived Article 32 hearing and awaiting word on whether he will be ordered to trial.
Pfc. John Jodka III, 21, Encinitas :
PLEA BARGAIN: Ordered to trial by Lt. Gen. Mattis. Entered into a PLEA BARGAIN. Courts-Matrial due November 15, 2006.
Cpl. Marshall Magincalda, 23, Manteca :
Ordered to trial by Lt. Gen. Mattis. Pleaded not guilty during arraignment proceeding last month. Trial is set for Feb. 1.
Lance Cpl. Robert Pennington, 22, Mukilteo, Wash. :
Waived Article 32 hearing and awaiting word on whether he will be ordered to trial.
Lance Cpl. Jerry Shumate Jr., 21, Matlock, Wash .:
Ordered to trial by Lt. Gen. Mattis. Reserved right to enter plea to charges at a later date during arraignment on Friday. Trial is set for Feb. 12.
Cpl. Trent D. Thomas, 24, St. Louis, Mo. :
Waived Article 32 hearing and awaiting word on whether he will be ordered to trial.
TIME-LINE
Acknowledgerments: The vast majority of what you will read below was written by Kit Jarrell ( www.euphoricreality.com ) and is reprinted herein with permission. Kit can be contacted via email at . Please visit Kit’s website for current developments.
United American Patriots wishes to acknowledge this outstanding Patriot for her superb work on behalf of our men and women in uniform and for also serving on the Board of Directors for the Warrior Fund.
Going Where They Are ( Be sure to read an alarming "Time Line" of events at the end of this "blow by blow" article )
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'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 this moment, 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 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.
Is this The Death of the Marine Corps?
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 about. 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!
• 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)
P.O. Box 555226
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
THE TIME LINE:
After the revelation Friday that the Marine Corps would not allow these men To face their accusers (among other things), we thought it couldn’t possibly
go any worse than it already was. If you don’t think it’s bad, check out the case timeline.
It has gotten far worse.
21JUL07: Government notifies defense of: (a) additional prosecutors (LTCOL John Baker, Senior Trial Counsel; Major Don Plowman, Major Daren Erickson,
and Captain Nick Gannon – in addition to LTCOL Sean Sullivan and Captain Timothy Garrison);
They’ve replaced their lead prosecutor. Why? They’ve added more prosecutors.Why? John Jodka Sr., father of one of the accused, asks, "Was he not ‘towing
the line’? Was he setting justice first and political correctness second? What does this tell us in addition to the lack of a case; cracks appearing in the prosecution team?"
(b) its intent to go forward with an Article 32 on 01AUG06 at 0900;
Right now, the defense has nothing it needs from the prosecution to do its job. No ballistic reports, no autopsy, no witness reports, no one to cross-examineall because the prosecutors refuse to turn it over to them, saying it’s "not complete." So we are one week away from the beginning of an Article 32 hearing and there is no defense.
(c) its intent to call PFC Jodka as a witness to testify against his squad mates – and vice versa; and What is this? First they put these men through interrogation techniques that aren’t allowed at Guantanamo, they get at least two innocent men to sign false statements, and now they plan to pit them against each other when each other is all they have. This is beyond the pale, truly.
(d) that key witnesses will not return from Iraq until "mid to late August 2006″
Do you know what this means? The defense not only isn’t allowed to have the evidence, but they’re not going to have any witnesses, since they’ll still
be deployed in Iraq and the Corps has no intention of bringing them home.
What is going on here?
Some have asked me if the Marines are setting these men up to be convicted, or if they’re planning to simply hold an Article 32 in front of the world’s cameras so they can save face with the Iraqis and the press, then just dismiss the charges on a technicality and let the men go with a "Semper Fi" and no "thank you for taking one for the team." In fact, one person even told me that perhaps we should stand down as citizens calling for justice and "let the system work…the Marines know what they’re doing."
Oh really?
So they put them and their families through the media circus and shame of an Article 32 and possibly a court-martial as well, and then dismiss the charges. Does that make it right?
What about the fact that these men were denied basic rights that are afforded to all Americans? What about the fact that these men will have the accusations hanging over them for the rest of their livesno matter what happens? What about the wasted millions of dollars spent on this fiascoyour taxes, I might add? What about the smeared honor of the Marine Corps, and even the American military as a whole? Or does none of that matter? The end justifies the means? "It’s okay to ruin the lives of eight men and their families as long as we look good to the rest of the world, and especially our enemies?"
This is shameful. I am flat-out appalled, I am angry, and I will not accept this. It is unconscionable to think that this situation could occur in our country. Where are the human rights groups? Where is the ACLU? Where are the regular citizens that these men were defending? Stand up and do something!
And the case timeline is below:
Hamdaniya Case Timeline
26APR06 : 1st Squad, 2nd Platoon, 3/5 Kilo Co. embarks on ambush patrol which results in the death of Iraqi insurgent.
11MAY06 : PFC Jodka is confined in Camp Fallujah, Iraq.
17MAY06 : Congressman Jack Murtha calls Haditha Marines "cold-blooded killers" and starts a snowball of negative press/confusion surrounding the Hamdaniya incident.
23-24MAY06 : PFC Jodka transferred to Camp Pendleton, California Brig and placed in Maximum-In Security akin to solitary confinement, including ankle and wrist shackles – no physical contact allowed with family.
25MAY06 : USMC Commandant General Michael W. Hagee begins series of visits to Marines around the globe to reinforce "Corps Values." (NOTE: The "Pendleton 8" were barred from attending the Commandant’s address to Marines at Camp Pendleton. Why?)
08JUN06 : Captain Scott Joiner, USMC is appointed as PFC PFC Jodka’s military defense counsel.
16JUN06 : Government reduces level of confinement to "Medium-In" (no leg-irons and hand cuffs, physical contact allowed with family)
19JUN06 : PFC Jodka’s defense files a Demand For Speedy Trial.
20JUN06 : Government requests the Convening Authority to exclude from it’s speedy trial clock the 12 days PFC Jodka was confined.
20JUN06 : PFC Jodka’s defense serves objections to government’s 20JUN06 request for excludable delay .
21JUN06 : Government prefers (files) charges against PFC Jodka and his squad mates.
22JUN06 : PFC Jodka’s defense serves 1st Discovery Request.
23JUN06 : Government sets Article 32 date for 28JUN06 – a mere seven days after filing charges and without providing Defense any evidence to defend its case.
23JUN06 : PFC Jodka’s defense serves its request to continue the Article 32 to 01AUG06.
26JUN06 : Government serves first set of discovery consisting of two data CDs including an incomplete military investigation and an incomplete autopsy report.
28JUN06 : Convening Authority grants the prosecution’s 20JUN06 request to exclude PFC Jodka’s initial 12 days of confinement from the speedy trial clock.
29JUN06 : PFC Jodka’s defense serves 2nd Discovery Request based on review of government’s initial evidence provided on 26JUN06.
01JUL06: PFC Jodka’s defense serves requests for Iraq site visit and funding for investigator, translator, and forensic psychologist.
12JUL06 : PFC Jodka’s defense serves formal request for update on the status of defense’s multiple requests for discovery and production of witnesses.
13JUL06 : Major Louis "Dutch" Schotemeyer, USMC is detailed as PFC Jodka’s 2nd military defense counsel.
18JUL06: PFC Jodka’s defense serves request for funding for forensic pathologist.
19JUL06 : Government denies defense request for Iraq site visit and funding for investigator, translator on the grounds that the requests are premature…because no charges have been referred to trial by court-martial" – Lt. Gen. John F. Sattler, Commander, U.S. Marine Corps Forces, Central Command. (Note: actual denial is dated 14JUL07 but not delivered to defense until 19JUL07).
17-21JUL06 : Government returns the body of the alleged victim to Iraq for reburial without notifying defense or allowing defense pathologists to conduct any examinations of their own.
21JUL06 : Government denies defense request for forensic psychologist on the grounds that the request is "premature…because no charges have been referred to trial by court-martial" – Lt. Gen. John F. Sattler, Commander,U.S. Marine Corps Forces, Central Command.
21JUL06 : Government notifies defense of: (a) additional prosecutors (LTCOL John Baker, Senior Trial Counsel; Major Don Plowman, Major Daren Erickson, and Captain Nick Gannon – in addition to LTCOL Sean Sullivan and Captain Timothy Garrison); (b) its intent to go forward with an Article 32 on 01AUG06 at 0900; (c) its intent to call PFC Jodka as a witness to testify against his squad mates – and vice versa (a request the defense will vehemently object to and deny); and (d) that key witnesses will not return from Iraq until "mid to late August 2006"
25JUL06 : Government provides defense with a 3rd data CD containing a purportedly complete autopsy report (without any photos) and more Reports of investigation from military investigators.
26JUL06 : Defense requests immediate update on its 18JUL06 funding request for and independent forensic pathologist and request for independent examination of the alleged victim’s body.
28JUL06: CAMP PENDLETON —- Lawyers for seven Marines and a Navy corpsman held in the Camp Pendleton brig on murder charges are renewing their efforts to get the men released from custody.
Attorneys for two of the men said Thursday they have filed requests with the Marine Corps that the men be released on the basis that none is a flight risk and don’t pose a threat to others. A third attorney said she was working on a similar request.
Attorney Jane Siegel, hired by the family of Pfc. John Jodka III of Encinitas, said her request to the magistrate who ordered the men held behind bars will be based in part on what she said was the good conduct exhibited by the troops since the day they were confined.
Attorney Victor Kelley filed just such a request Wednesday on behalf of Cpl. Trent D. Thomas, arguing that his client represents no danger. Thomas could have fled when he was returned from Iraq in mid-May, Kelley said.
"Knowing fully well the nature of the allegations, if Cpl. Thomas had chosen, he could have been in Mexico within an hour," Kelley wrote in his argument presented to Lt. Col. Sean Sullivan, head of the prosecution team. "Just as clearly, Cpl. Thomas is not a danger to himself nor is he a danger to others. The charges allege conduct to have occurred in a combat environment, not garrison."
The attorneys say the men are willing to abide by restrictions that would keep them on base and limit their movements to specific areas.
Jodka and Thomas are charged with premeditated murder, kidnapping, conspiracy and related offenses in the April 26 death of 52-year-old Hashim Ibrahim Awad in Hamdaniya, Iraq.
The others facing the same set of charges are Sgt. Lawrence Hutchins III, Cpl. Marshall Magincalda, Hospitalman 3rd Class Melson Bacos, and Lance Cpls. Tyler A. Jackson, Robert Pennington and Jerry E. Shumate Jr.
Attorney Joseph Low, who has been hired by Magincalda’s family, said Thursday that he filed a request similar to Kelley’s earlier this week.
"We’ve asked them to produce him," Low said. "Part of our argument is he needs to be available to have meaningful preparation for his defense and that has been very difficult with him in the brig."
Low also contended that the Marine Corps has placed the men in one of the hottest areas of the brig as part of an effort to break their will and get one or more to testify against the others.
Earlier this week, attorneys said that the government was frustrated in those efforts and that none of the men had agreed to testify or give any kind of statement against others.
The men were incarcerated in the brig May 24 and appeared before a military magistrate in early June, who ordered them held based upon the seriousness of the offenses they are accused of committing.
On June 21, the Corps announced the formal charges, setting in motion the military judicial process that could lead to trials for each. The first step for each man is known as an Article 32 hearing, where evidence will be presented by the Naval Criminal Investigative Service.
Those hearings are not yet scheduled and are not expected to begin before sometime in September. A hearing officer will consider what is presented and then make a recommendation to the I Marine Expeditionary Force general, who will decide whether the men should face courts-martial, or military trials.
If their cases go to courts-martial, it would be their first formal opportunity to enter a plea. The men’s private attorneys, who are being aided by military attorneys appointed for each by the Marines, have said their clients are innocent.
At Camp Pendleton, Lt. Col. Sean Gibson said the Marine Corps had no immediate comment or reaction to the defense attorneys’ request.
28JUL06: Attorney says completed autopsy provides no showing man was bound
A completed autopsy report for an Iraqi man alleged to have been killed by a group of Camp Pendleton troops in April lacks conclusive evidence that the man’s hands and feet were bound as the government alleges, an attorney for one of the defendants said Tuesday.
The lack of that finding, however, may be a result of decomposition of the body, which was exhumed for examination several weeks after the man was buried in Iraq.
The autopsy report, provided to attorney Joseph Casas and other defense attorneys Tuesday, concludes that Hashim Ibrahim Awad died from a homicide, he said.
Casas, who represents Pfc. John Jodka, declined to provide a copy of the report, citing legal reasons.
"We could move to suppress the report (in the trial)," Casas said, "then I would be potentially shooting myself in the foot if I say what is in there."
The autopsy report does not include photos of Awad’s body, he said.
As for evidence of binding of Awad’s hands and feet, Casas said the report stated there was no evidence of hemorrhaging or other injury that might be found if the accused men had tied up the 52-year-old man with plastic cuffs or other restraints, as the government has alleged.
But the report also hedges on the issue, Casas said, because it then quickly states that Awad’s body was in a state of decomposition.
Awad’s body was exhumed in June and examined at Dover Air Force Base in Delaware. Last week military officials said the body had been returned to Hamdaniya and reburied.
Casas said the fact that Awad’s body has been reburied could harm the defense because pathologists for the defense could only offer an opinion on the report done by the government’s pathologist.
"It’s one thing to review government’s report, another to have a hands-on analysis of the body," he said.
Casas said that, in his layman’s interpretation of the report, the number of bullet wounds that hit Awad could not be determined. The Marine Corps contends the men conspired to kidnap, kill and then cover up the circumstances of Awad’s death.
In charging documents, the government alleges that Awad was shot multiple times by five members of a unit from the 3rd Battalion, 5th Marine Regiment based at Camp Pendleton. The men are awaiting hearings to determine if the charges against them will move forward.
Other defense attorneys contacted Tuesday said they, too, had received the report but had not had a chance to review it.
In addition to Jodka, the accused are;
Sgt. Lawrence G. Hutchins III, 22;
Cpl. Trent D. Thomas, 24;
Cpl. Marshall Magincalda, 23;
Hospitalman 3rd Class Melson J. Bacos, 20;
Lance Cpls. Tyler A. Jackson, 22,
Robert B. Pennington, 22, and
Jerry Shumate, 20.
29JUL06 : More Marines may face charges in Hamdaniya slaying; number of defendants could rise to 12
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 Hamdaniya. 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 Hamdaniya 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.
August 2, 2006:
SAN DIEGO — Unspecified charges are being prepared against four Marines as a result of an investigation that has already led to allegations that seven other Marines and a Navy corpsman murdered an Iraqi civilian, a Marine Corps official said Tuesday.
It was not known if the four will face charges stemming from the April 26 killing of 52-year-old Hashim Ibrahim Awad, or if the charges will relate to separate incidents uncovered during that probe.
"There are four other (Marines) that are pending charges," said Lt. Col.Colby Vokey, the Marine Corps’ defense coordinator for the western U.S. "For what, I don’t know."
Two other attorneys defending suspects in the Iraqi civilian’s death said they did not believe the charges were related to that case.
Three of the Marines are enlistees, one is an officer. All belong to the same platoon in Kilo Company of the Camp Pendleton-based 3rd Battalion, 5th Marine Regiment.
Vokey learned charges were imminent because he was instructed to find attorneys for the four men. He said he expects charges against the three enlisted Marines to be announced later this week.
The eight troops already charged with the kidnap and murder of Awad are in the Camp Pendleton brig.
Navy investigators claim that without provocation, the eight entered the Iraqi town of Hamdaniya, took Awad from his home, tied him up, put him in a hole and shot him.
After the killing, the troops placed an AK-47 in Awad’s hands and put a shovel in the hole to make it appear Awad was an insurgent planting explosives, investigators allege.
Attorney Joseph Casas, who represents Pfc. John Jodka III, one of the eight in the brig, said the investigation details incidents separate from the killing in which the four other Marines allegedly engaged in misconduct.
" There are some allegations that indicate (the officer) and some of the other Marines were engaged in some prior bad acts," Casas said.
Another attorney said the new charges would be less serious than those leveled against the eight in the brig.
" There is other suspected misconduct, but not at the level of the previous charges in the investigation," said Maj. Haythan Faraj, the military defense attorney for Marine Cpl. Trent D. Thomas.
However, Victor Kelley, an attorney for one of the eight, said he was led to believe the additional Marines may face charges of conspiracy to commit murder, according to the North County Times, which first reported that new charges may be imminent.
In coming weeks, charges against the eight in the brig are to be considered at an Article 32 hearing, similar to a grand jury proceeding, in which a commanding officer will decide whether there is probable cause for a full trial.
August 25, 2006:
By Gidget Fuentes, Staff writer
OCEANSIDE, Calif. — The preliminary hearing for two Marines — who are among seven Marines and one sailor at Camp Pendleton charged in an Iraqi’s death — is slated to begin next Monday, two weeks earlier than initially planned, Marine Corps officials said.
The Thursday announcement came two days after officials said that the top commander rejected several defense attorneys’ requests to skip the initial investigative hearings and proceed to a court-martial.
The decisions, and uncertainty over the legal process that preceded them, sent officials and defense teams scrambling to prepare for the Article 32 hearings late this week.
Cpl. Marshall L. Magincalda, whose case was tentatively set to begin Sept. 25, and Cpl. Trent D. Thomas, who had eyed an Oct. 18 start, instead will hear the evidence against them during a joint Article 32 hearing starting next Monday, said Lt. Col. Sean Gibson, a Marine Corps Forces Central Command spokesman at Camp Pendleton.
The Marine Corps has charged Magincalda and Thomas with premeditated murder, kidnapping, conspiracy and other charges for their role in the alleged shooting of an Iraqi in the village of Hamdaniya on April 26. Thomas is also facing charges of assaulting another Iraqi man on April 10.
The two Marines are among a group of eight men with Kilo Company, 3rd Battalion, 5th Marines, charged in the man’s death. The eight, known locally by supporters as "the Pendleton 8," have been confined at the Camp Pendleton brig, where they were placed after their return from Iraq on May 25. Seven are infantrymen, one is a Navy corpsman.
Defense attorneys, who unsuccessfully petitioned to have the men released pending the hearings, lost in another quest to shorten the process. At least four defense teams, who say they are frustrated that the government has provided them little evidence and information through the normal discovery process, had sought to waive their right to the Article 32 hearing and proceed directly to court-martial.
Approval of a waiver isn’t automatic, however. On Aug. 22, Lt. Gen. Jim Mattis, commander of MarCent and I Marine Expeditionary Force, rejected the requests "in order to make a fair and impartial decision on the disposition of these cases," said Maj. Jeffrey Nyhart, a Camp Pendleton spokesman.
The three-star general "wants an impartial analysis of the charges and evidence afforded by an Article 32 investigation," Nyhart said.
Mattis took command last week from Lt. Gen. John Sattler, who is heading to a Pentagon assignment.
In the position, Mattis isn’t just the top operational commander. He’s also the convening authority, the senior officer in the Marines and sailor’s chain of command who will ultimately rule on whether they should be court-martialed and what the punishment, if any, should be.
During an Article 32 hearing, an investigative officer hears testimony and weighs evidence on the charges. The IO, who is usually a judge advocate, makes a recommendation to the convening authority on whether the defendant should face any of the charges at court-martial, be punished at a lesser administrative session or have the charges dropped. The final decision rests with the convening authority, with the advice of his or her command judge advocate.
As of Thursday, the hearings for the other six Kilo members remain unchanged:
• Sept. 12: Lance Cpl. Jerry E. Shumate Jr.
• Sept. 25: Lance Cpl. Robert B. Pennington, Pfc. John J. Jodka and Hospital Corpsman 3rd Class Melson J. Bacos.
• Oct. 18: Sgt. Lawrence G. Hutchins III and Lance Cpl. Tyler A. Jackson.
The denial of the waivers didn’t please the defense attorneys.
Joseph Casasc, one of two San Diego attorneys representing Jodka, said the Corps has "systematically denied" their requests for evidence, including intelligence reports and the "rules of engagement" in place at the time, funding for expert witnesses, and support to allow them to travel to Iraq to question alleged witnesses.
Attorney Jane Siegel, a retired colonel also representing Jodka, in a statement called the decision to hold the Article 32 hearing "a wasteful rubber stamp exercise."
The decision puts Jodka "in an Orwellian situation," Casas said in a statement issued late Tuesday. "He must endure an Article 32 hearing that promises thoroughness and impartiality, but must go to the hearing without significant evidence in his defense. He’s being asked to charge the enemy guns without his rifle and flak jacket."
Casas said he wasn’t sure whether Jodka’s case, set for Sept. 25, would proceed earlier.
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