Hutchins' statement ruled admissible at trial
March 14, 2007 
By: MARK WALKER North country Times
 

CAMP PENDLETON -- A military judge has ruled that a Marine sergeant's incriminating statement about the killing of a retired Iraqi police officer last year can be used against him.

In granting prosecutors authority to introduce the statement from Sgt. Lawrence Hutchins III at his impending trial for murder, kidnapping and related offenses, the judge turned aside arguments from his attorneys, who earlier this month contended that the statement was obtained illegally.

"The military judge, Lt. Col. Jeffrey Meeks, has ruled that Sgt. Hutchins' self-typed confession is admissible at trial," Maj. Jeff Nyhart, a Camp Pendleton spokesman, said Wednesday.

Hutchins allegedly described his role in the planning, abducting and shooting death of Hashim Ibrahim Awad in the statement provided to agents from the Naval Criminal Investigative Service in May.

The agents were investigating Hutchins and seven other enlisted men from a 3rd Battalion, 5th Marine Regiment platoon who were eventually charged with the April 26 killing.

In arguing to suppress the seven-page, single-spaced statement that Hutchins wrote in Iraq when confronted with Awad's killing, the defense contended it was written under duress and after Hutchins had asked for an attorney but not been provided one.

As a result, they argued the statement should be considered coerced, and anything in it that implicates him should not be allowed into evidence at trial

But Lt. Col. John Baker, the lead prosecutor, contended during a hearing on the issue earlier this month that the statement was made voluntarily and at Hutchins' request.

Baker also said that Hutchins' admission to agents that he fired three bullets into Awad's head as the man struggled to breathe moments after being shot by the members of his squad also was voluntary and should be allowed into evidence.

Repeated efforts to reach Hutchins' lead attorney, Rich Brannon, for comment on the ruling were unsuccessful.

Hutchins, who also is charged with assaulting three Iraqis in an unrelated incident, faces life in prison if a military jury convicts him of murder and he receives the maximum sentence.

Hutchins is due back in court March 26 for more motions, including one to delay the start of his trial, which is now scheduled to begin April 23.

One of his appointed military attorneys, Lt. Col. Joseph Smith, said Wednesday that the delay is necessary for several reasons, including allowing a newly appointed defense investigator time to research classified material.

The judge has yet to rule on a defense request for a second trip to the Iraqi village of Hamdania where the killing took place. A trip in January did not provide enough time to talk to possible witnesses, the attorneys contend, because security concerns limited the visit to about 45 minutes.

Five of the eight men charged in the case have pleaded guilty to lesser offenses than murder and received jail terms ranging from 12 months to eight years.

The platoon's corpsman, Melson Bacos, was the first to plead guilty and the first to admit to authorities last year that Awad was kidnapped and killed. He was released from the brig last week.

Bacos and the others who have pleaded guilty all allege that Hutchins, who was the platoon leader, led the plot. Each also has said the killing was carried out in response to insurgent attacks even though they had no knowledge of whether Awad had any ties to those responsible for attacking U.S. troops.

Military Court of Justice and the Case of Sgt. Hutchins