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Judge Releases Marine in Hamdania Murder Case
Does any body think this is a good thing for international relations, or in fact the rest of our troops who operate under the geneva convention?
Judge Releases Marine in Hamdania Murder Case
hutchins4.23th.jpg
June 15, 2010
Associated Press
SAN DIEGO -- A military judge has allowed a Marine sergeant convicted of murder in one of the biggest war crimes cases to emerge from the Iraq war to walk free, nearly two months after a military appeals court ruled he had an unfair trial.
Monday's surprise decision to release Sgt. Lawrence Hutchins deals another blow to the government's prosecution of U.S. troops accused of killing unarmed Iraqis.
Attorneys for the government have said Hutchins led a squad of seven troops who killed a 52-year-old man in the Iraqi village of Hamdania in 2006, and then planted a shovel and AK-47 to make it appear he was an insurgent.
"I'm going to be the best Marine I can be today," an elated Hutchins told The Associated Press in a phone interview after being released from the brig at Camp Pendleton. "Today is really a surreal experience. I think we had a good judge. ... It's hard to describe exactly what I'm feeling. I'm happy."
Hutchins had been serving an 11-year sentence. The others in his squad served less than 18 months.
The U.S. Navy-Marine Corps Court of Criminal Appeals in Washington ruled in April that Hutchins was not given a fair trial because his lead defense lawyer left the case shortly before his 2007 trial. The ruling is being appealed by the Navy.
Hutchins' defense attorney, Capt. Babu Kaza, argued that the married father of a 5-year-old girl was not a flight risk or a threat to society. Kaza said he and Hutchins, both Roman Catholics, prayed with a rosary at Monday's hearing before the judge announced his decision.
Prosecutors could not immediately be reached for comment after the hearing Monday.
Hutchins said he called his family immediately after the judge's decision to tell them the news. He was preparing to call his daughter, Kylie, next.
"I'm going to tell her she's my little princess, of course," Hutchins said.
Hutchins packed his bags and then Kaza drove him to a Taco Bell for dinner after leaving Camp Pendleton.
He'll be allowed to remain free while the U.S. Court of Appeals for the Armed Forces decides whether to affirm or overturn the Washington court's ruling. The court is expected to hear arguments from both sides this fall and could take until next year to make a decision.
Navy Secretary Ray Mabus said last year that he believes Hutchins was the ringleader in the premeditated murder plot and attempted cover-up, and that he should complete the full sentence. Hutchins was initially sentenced to 14 years but that was later reduced.
Hutchins has said he was not with his squad at the time and that members of his squad told him they had killed an insurgent leader. Hutchins said he did not learn of the mistake until after the investigation.
If the court rules in his favor, Hutchins has said that he wants to live with his parents in Plymouth, Mass., and help them pay off their mortgage since they refinanced their home several times to cover his legal expenses. He hopes to work at the local sheriff's department, where his brother works.
Judge Releases Marine in Hamdania Murder Case
hutchins4.23th.jpg
June 15, 2010
Associated Press
SAN DIEGO -- A military judge has allowed a Marine sergeant convicted of murder in one of the biggest war crimes cases to emerge from the Iraq war to walk free, nearly two months after a military appeals court ruled he had an unfair trial.
Monday's surprise decision to release Sgt. Lawrence Hutchins deals another blow to the government's prosecution of U.S. troops accused of killing unarmed Iraqis.
Attorneys for the government have said Hutchins led a squad of seven troops who killed a 52-year-old man in the Iraqi village of Hamdania in 2006, and then planted a shovel and AK-47 to make it appear he was an insurgent.
"I'm going to be the best Marine I can be today," an elated Hutchins told The Associated Press in a phone interview after being released from the brig at Camp Pendleton. "Today is really a surreal experience. I think we had a good judge. ... It's hard to describe exactly what I'm feeling. I'm happy."
Hutchins had been serving an 11-year sentence. The others in his squad served less than 18 months.
The U.S. Navy-Marine Corps Court of Criminal Appeals in Washington ruled in April that Hutchins was not given a fair trial because his lead defense lawyer left the case shortly before his 2007 trial. The ruling is being appealed by the Navy.
Hutchins' defense attorney, Capt. Babu Kaza, argued that the married father of a 5-year-old girl was not a flight risk or a threat to society. Kaza said he and Hutchins, both Roman Catholics, prayed with a rosary at Monday's hearing before the judge announced his decision.
Prosecutors could not immediately be reached for comment after the hearing Monday.
Hutchins said he called his family immediately after the judge's decision to tell them the news. He was preparing to call his daughter, Kylie, next.
"I'm going to tell her she's my little princess, of course," Hutchins said.
Hutchins packed his bags and then Kaza drove him to a Taco Bell for dinner after leaving Camp Pendleton.
He'll be allowed to remain free while the U.S. Court of Appeals for the Armed Forces decides whether to affirm or overturn the Washington court's ruling. The court is expected to hear arguments from both sides this fall and could take until next year to make a decision.
Navy Secretary Ray Mabus said last year that he believes Hutchins was the ringleader in the premeditated murder plot and attempted cover-up, and that he should complete the full sentence. Hutchins was initially sentenced to 14 years but that was later reduced.
Hutchins has said he was not with his squad at the time and that members of his squad told him they had killed an insurgent leader. Hutchins said he did not learn of the mistake until after the investigation.
If the court rules in his favor, Hutchins has said that he wants to live with his parents in Plymouth, Mass., and help them pay off their mortgage since they refinanced their home several times to cover his legal expenses. He hopes to work at the local sheriff's department, where his brother works.
He took pictures. We were out of the Berlin Brigade. We were out of the A Co. 6/502 INF attached to a Pennsylvania Nation Guard unit near Khobar Towers that was afraid of driving in combat zones. Our officers mainly sat on their @sses and kept putting each other in for awards. Want more details?
You do not know combat units and you almost certainly do not know military courts. Very often decisions are made on a PR basis and oddly enough we have a mainly marines tied with the civilian murder cases, the child prositution in Iraq and the raping of minors in Japan (the reason many japanese want to move the base to a remote location AWAY from Okinawa)
Each thug in the military takes away from the rest of us and this guy should not have been sentenced to 11 years he should have been sentenced to death by hanging.
You do not know combat units and you almost certainly do not know military courts. Very often decisions are made on a PR basis and oddly enough we have a mainly marines tied with the civilian murder cases, the child prositution in Iraq and the raping of minors in Japan (the reason many japanese want to move the base to a remote location AWAY from Okinawa)
Each thug in the military takes away from the rest of us and this guy should not have been sentenced to 11 years he should have been sentenced to death by hanging.
You state a lot of nonsense about someone (you refer to as a "dude") "cutting off fingers" to get the wedding ring. Internet fiction. What absolute nonsense. But this nonsense gets catralogued on google as the "testimony of a vet". Did you witness this act? Or is this hearsay.
We have something in the United States military called "due process" and something called the Uniform Code of Military Justice. In the course of "due process", upon review an apparently inappropriate sentence was overturned. That's the system.
The alternative is anarchy.
As far as the opinion of the International Community, I could care less.
The largest number of atrocities during WW1 were committed by the Canadian army. The problems supporting U.N. operations causes disbandment of the Canadian Airborne.
I have yet to see another nation on earth that has a better "template".
We have something in the United States military called "due process" and something called the Uniform Code of Military Justice. In the course of "due process", upon review an apparently inappropriate sentence was overturned. That's the system.
The alternative is anarchy.
As far as the opinion of the International Community, I could care less.
The largest number of atrocities during WW1 were committed by the Canadian army. The problems supporting U.N. operations causes disbandment of the Canadian Airborne.
I have yet to see another nation on earth that has a better "template".
Please! this one is likely to disappear.
Sam: Please reread your original post. This guy is not getting off scott free! He has been released pending a new trial. That is not off the hook.
Oh please! I am a vet and it is not persecuting soldiers to expect the bad apples to be strung out to dry. I remember from the first gulf war some soldiers cutting wedding bands of soldiers (dead) fingers! The dude got promoted even though he was looting and cutting off fingers from bloated corpses for silver rings (he also posed with corpses)
And honestly the worst ones for some of the most idiotic things were the cad-idiots from west point. Most soldiers are responsible but when one of our own goes bad DO NOT think soldiers appreciate scum being let off the hook!
And honestly the worst ones for some of the most idiotic things were the cad-idiots from west point. Most soldiers are responsible but when one of our own goes bad DO NOT think soldiers appreciate scum being let off the hook!
There were allegations and a military judge ruled that the allegations did not hold up.
I am not defending murder, but on the other hand there are those who delight in the prosecution of soldiers because they hate the military in general. Sadly, some of those seem to end up working in the JAG office.
These cases are not overturned on "whim".
Before forming any judgement I would have to see the decision and the transcript.
I am not defending murder, but on the other hand there are those who delight in the prosecution of soldiers because they hate the military in general. Sadly, some of those seem to end up working in the JAG office.
These cases are not overturned on "whim".
Before forming any judgement I would have to see the decision and the transcript.
Speaking for myself, I would love to debate this with you all night! However, extreme pain well beyond my control require that I to my bed and heating pad! If you'll be around tomorrow, if you'd care to debate this with me, I'd love to. But hopefully, someone much more clever than I will be along to take up the torch. Goodnight.
Bad behavior of any troops reflects on ALL soldiers and subsequently morale. I am an American Vet whose family has given one or more family members since the revolutionary war and oddly enough am related not too distantly to some of the major villains and heros of the civil war and yet... Even or founders thought our system was flawed and wouldn't and in Thomas Jefferson case wasn't even sure it should last for more than 200 years.
So that being said why shouldn't we consider using countries that have better governmental systems as templates?
So that being said why shouldn't we consider using countries that have better governmental systems as templates?
I'm not familiar with military law. But in our civilian courts, murder defendants are released after receiving a similar ruling from an Appeals Court quite often. He is subject to being tried again. So he is not completely off the hook. And if he is indeed guilty of charges brought against him, he should be convicted in the new trial and then face his sentence.
I do not believe we should adjust our justice system, whether military or civilian, because our laws do not suit another country. If Iraq isn't happy with how slowly our justice system works sometimes, tell them to get in line. But we do not change our law to appease whatever country is involved.
I do not believe we should adjust our justice system, whether military or civilian, because our laws do not suit another country. If Iraq isn't happy with how slowly our justice system works sometimes, tell them to get in line. But we do not change our law to appease whatever country is involved.
The law should be applicable to everyone in the same manner. The United States should not be separate from other countries as far as the Geneva Convention and one good result of this would be that our soldiers would then be able to expect the same treatment in return (it should be noted that all future wars would not be fought against enemies as irrational or extreme as the Taliban who violate all standard treaties, other countries we have been at war with in the past did abide by the basic principles of the Geneva Convention). I do not believe most people serving our country participate in any activities such as this so it would not impact on the rights or welfare of people who serve our country honorably.
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