Juries deliberate in Marine cases

Juries deliberate in Marine cases
Hutchins, Magincalda last to be prosecuted for April 2006 attack

Two separate military juries were deliberating Wednesday in the court- martials of two Marines charged with the kidnapping and killing of an Iraqi man in the town of Hamdania.

Sgt. Lawrence G. Hutchins III and Cpl. Marshall Magincalda are the last among seven Marines and a Navy corpsman to be prosecuted for the April 2006 attack.

Both could face mandatory life sentences if convicted of premeditated murder.

Prosecutors said Hutchins, 23, of Plymouth, Mass., had grown frustrated that a suspected insurgent kept evading criminal prosecution, and he concocted a plot to kidnap and kill the man.

When the squad couldn't find the insurgent, they instead grabbed the victim, dragged him to a roadside hole and shot him, prosecutors said. The troops then tried to cover up the killing by planting a shovel and AK-47 on the dead man's body to make him look like a bomb-planting insurgent, prosecutors said.

Lt. Col. John Baker, a prosecutor, said during his closing argument that Hutchins fired three shots into the victim's head, then told his squad: "'Gents, we just got away with murder."

"After he brags to his Marines ... he directs his Marines to cover up the scene," Baker told jurors.

Hutchins' attorney, Richard Brannon, denied that his client made the statement. He attributed Hutchins' participation in the attack to pressure from his commanding officers.

Magincalda, 24, of Manteca is not accused of firing any shots, but under military law he could be as culpable as those who did because he allegedly did nothing to stop the killing. He also is accused of being part of the four-man "snatch team" that seized the victim from his home.

Prosecutors previously identified the victim as 52-year-old Hashim Ibrahim Awad, a retired policeman and father of 11. However, defense attorneys say the body could not be conclusively identified, and the victim now is referred to as an "unknown Iraqi male."

All eight members of the squad were initially charged with murder and kidnapping. Four lower-ranking Marines and the Navy corpsman cut deals with prosecutors in exchange for their testimony and received sentences ranging from one to eight years in prison.

Cpl. Trent Thomas was acquitted July 20 of premeditated murder but convicted of kidnapping and conspiracy to murder. His rank was reduced to private and he was given a bad-conduct discharge, with no prison time.

Military juries must have at least five members and need a two-thirds majority to convict.

The jury considering Hutchins' fate includes five officers and four enlisted Marines. On the Magincalda jury, there are five enlisted men and one officer.