Here's the AP story from USMC Station Camp Pendleton, where Sgt. Hutchins and his squad were on trial. In what the Marines refer to as "The Real World", kidnap and murder carry a mandatory death penalty. That is, however, if you kidnap and kill "One Of Us". It's different if you kill a "Raghead". I guess. And don't forget, the Sgt. got busted to Private, and is getting a dishonorable discharge. The people who still like to brag about how we are bringing Democracy to the ignorant benighted people of Iraq will point with pride to the fact that at least we did have a trial. I think that will not cause the Iraqis to strew flowers in our path though.
By THOMAS WATKINS, Associated Press Writer
2 hours, 6 minutes ago
CAMP PENDLETON, Calif. - A jury sentenced a Marine sergeant Friday to 15 years in prison for the murder of an Iraqi civilian during a fruitless search for an insurgent.
Sgt. Lawrence G. Hutchins III also was dishonorably discharged, reduced in rank to private and given a written reprimand.
Hutchins stood at attention and looked straight ahead as his sentence was announced. He then sat down, briefly put his head on the table in front of him and looked up with red eyes.
His wife, Reyna Hutchins, burst into tears, and other relatives appeared stunned, with his mother slumping in her chair.
On Thursday, Hutchins became the first and only member of an eight-member squad to be convicted of murder in the killing.
He had been charged with premeditated murder, but jurors struck premeditation from the verdict, meaning Hutchins no longer faced a mandatory life sentence.
Testimony from several of his comrades pointed to him as the mastermind of the plot to kidnap and kill a suspected insurgent.
The Iraqi civilian was pulled from his Hamdania home in April 2006 and shot in a hole. An AK-47 and shovel were placed nearby to make him look like an insurgent planting a bomb, according to the prosecution.
Unlike several of his squad mates, Hutchins never expressed remorse, saying he believed he was doing what his superiors wanted.
"I think that had a significant impact on the jury," Hutchins' attorney Rich Brannon said. "We had a tragic mistake, although I think it was command-influenced, and I think it is very difficult emotionally for Larry to deal with that mistake."
Brannon said he would ask Lt. Gen. James Mattis, the commanding general who has jurisdiction over Hutchins, to review the sentence.
Hutchins, of Plymouth, Mass., also was convicted of conspiracy to commit murder, making a false official statement and larceny. He was acquitted of kidnapping, assault and housebreaking.
Testimony showed the victim was kidnapped and killed when the squad couldn't find the suspected insurgent.
Prosecutors previously identified the victim as Hashim Ibrahim Awad, 52. The name, however, was dropped from charge sheets.
All eight members of the squad were initially charged with murder and kidnapping.
Four lower-ranking Marines and a Navy corpsman cut deals with prosecutors in exchange for their testimony and received sentences ranging from one to eight years in prison.
Earlier in the day, a separate jury sentenced a Marine corporal to time served and reduced his rank to private for conspiring to murder an Iraqi civilian.
Cpl. Marshall Magincalda, 24, has already served 448 days in custody and was to be freed Friday.
"I was very happy that I got a fair trial," Magincalda said after his sentencing. "I feel really good, and I feel proud to serve as a Marine."
Magincalda was acquitted of murder but found guilty of larceny and housebreaking, and was cleared of making a false official statement.
Magincalda was not accused of firing a shot but was charged for taking part in the plot.
Because the jury did not give him a punitive discharge, Magincalda will retain military benefits, including treatment for post-traumatic stress disorder and depression that his psychiatrist testified was triggered by three combat tours and confinement in the brig.
He said he wants to re-enlist in the Marine Corps. If he is rejected, he said, he will join his family in Manteca to help his father run a ranch.
The Marine said he'd had a difficult time in the brig, which he referred to as the "Camp Pendleton Hotel," but had received a lot of support from the public.
"It's been a horrible experience out there; I haven't felt good," Magincalda said. "All the support I received ... that kept me going."
Ibrahim Hooper, a spokesman for the Council on American-Islamic Relations, said Magincalda's sentence would be seen by many as a light one.
"People around the world and people in Iraq will be monitoring these kinds of trials to see if what they regard as justice is being done," Hooper said.
"If there is a perception that our soldiers can commit these crimes and only get a slap on the wrist, that's not going to send a very good message," he said.
A jury last month acquitted another corporal of murder but convicted him of conspiracy to commit murder and kidnapping. According to testimony, Cpl. Trent Thomas of Madison, Ill., had greater involvement in the killing than Magincalda. Thomas was sentenced to a reduction in rank and a bad-conduct discharge but no prison time.
The squad was pulled from the battlefield after the slaying
No comments:
Post a Comment