Team Infidel
Forum Spin Doctor
San Diego Union-Tribune
November 14, 2006
By Rick Rogers, Staff Writer
The recent rush of plea agreements for Camp Pendleton troops accused of executing an Iraqi man last spring won't prompt a change in strategy for the remaining defendants, their attorneys said yesterday.
The lawyers were reacting to yesterday's announcement that Lance Cpl. Jerry E. Shumate Jr. had agreed to strike a deal with prosecutors.
Shumate will plead guilty to charges of aggravated assault and conspiracy to obstruct justice during a court-martial next week, his civilian attorney, Steven Immel, told The Associated Press. He will also testify against his co-defendants.
In return, Immel said, the prosecution will drop more serious charges such as murder and kidnapping.
Camp Pendleton officials declined comment on yesterday's developments.
Shumate, whose plea agreement has been rumored for weeks, will join Petty Officer 3rd Class Melson Bacos, Pfc. John J. Jodka III and Lance Cpl. Tyler A. Jackson as those who have pleaded out of the case.
Jodka and Jackson are scheduled for sentencing tomorrow and Thursday, respectively.
They are among eight members of the Kilo Company, 3rd Battalion, 5th Marine Regiment whom prosecutors have accused of abducting and fatally shooting Hashim Ibrahim Awad on April 26 in Hamdaniya, Iraq. Military investigators said the suspects tried to disguise the killing as an unavoidable act by making it appear that Awad had started a firefight while planting a roadside bomb.
The defendants have been jailed since May while undergoing court proceedings. Initially, they were united in their determination to fight the charges. But Bacos formalized his plea agreement in October, starting a chain of similar deals in the case.
“It's the same slop they are serving,” said Joseph Low of Long Beach, who represents Cpl. Marshall L. Magincalda. “It's like a dinner party. I was preparing for two (plea bargain witnesses) and now I'm preparing for four. Nothing has really changed.”
Court documents and several witnesses have portrayed Magincalda as a senior member and influential player in the alleged murder plot. Prosecutors also have cited Lance Cpl. Robert B. Pennington, Cpl. Trent D. Thomas and Sgt. Lawrence G. Hutchins as major figures in the case.
“Each case is individual. There is no mounting pressure with each guilty plea,” said Dave Brahms, Pennington's civilian attorney. “We are confident that we can put on a credible case and properly defend our guy.”
Hutchins has been identified as devising the execution scheme and its cover-up. He has maintained his innocence and is waiting for word on whether he will proceed to court-martial.
November 14, 2006
By Rick Rogers, Staff Writer
The recent rush of plea agreements for Camp Pendleton troops accused of executing an Iraqi man last spring won't prompt a change in strategy for the remaining defendants, their attorneys said yesterday.
The lawyers were reacting to yesterday's announcement that Lance Cpl. Jerry E. Shumate Jr. had agreed to strike a deal with prosecutors.
Shumate will plead guilty to charges of aggravated assault and conspiracy to obstruct justice during a court-martial next week, his civilian attorney, Steven Immel, told The Associated Press. He will also testify against his co-defendants.
In return, Immel said, the prosecution will drop more serious charges such as murder and kidnapping.
Camp Pendleton officials declined comment on yesterday's developments.
Shumate, whose plea agreement has been rumored for weeks, will join Petty Officer 3rd Class Melson Bacos, Pfc. John J. Jodka III and Lance Cpl. Tyler A. Jackson as those who have pleaded out of the case.
Jodka and Jackson are scheduled for sentencing tomorrow and Thursday, respectively.
They are among eight members of the Kilo Company, 3rd Battalion, 5th Marine Regiment whom prosecutors have accused of abducting and fatally shooting Hashim Ibrahim Awad on April 26 in Hamdaniya, Iraq. Military investigators said the suspects tried to disguise the killing as an unavoidable act by making it appear that Awad had started a firefight while planting a roadside bomb.
The defendants have been jailed since May while undergoing court proceedings. Initially, they were united in their determination to fight the charges. But Bacos formalized his plea agreement in October, starting a chain of similar deals in the case.
“It's the same slop they are serving,” said Joseph Low of Long Beach, who represents Cpl. Marshall L. Magincalda. “It's like a dinner party. I was preparing for two (plea bargain witnesses) and now I'm preparing for four. Nothing has really changed.”
Court documents and several witnesses have portrayed Magincalda as a senior member and influential player in the alleged murder plot. Prosecutors also have cited Lance Cpl. Robert B. Pennington, Cpl. Trent D. Thomas and Sgt. Lawrence G. Hutchins as major figures in the case.
“Each case is individual. There is no mounting pressure with each guilty plea,” said Dave Brahms, Pennington's civilian attorney. “We are confident that we can put on a credible case and properly defend our guy.”
Hutchins has been identified as devising the execution scheme and its cover-up. He has maintained his innocence and is waiting for word on whether he will proceed to court-martial.