Marine Spared Death Penalty
November 16, 2006 
by: Thomas Watkins Associated Press
 

CAMP PENDLETON ---- Marine Sgt. Lawrence G. Hutchins III of Plymouth will be tried for murder and kidnapping in the death of an Iraqi civilian, but if he is convicted he will not face the death penalty.

Hutchins, 22, was the last of the eight to have his case referred to court-martial. He faces a possible life sentence on the charges.

Three Marines and a Navy medic have agreed to plead guilty to reduced charges in return for their testimony in the case.

Hutchins and three other Marines are moving toward trial.

Gen. James Mattis, the commanding general in the case, said yesterday he would not seek the death penalty.

Hutchins was the leader of a squad accused of kidnapping 52-year-old Hashim Ibrahim Awad in the town of Hamdania on April 26, executing him and trying to cover up their actions.

Rich Brannon, Hutchins’ attorney, did not immediately return a message left for him seeking comment, though he has said Hutchins did nothing wrong in Awad’s death.

The Marine’s father, Lawrence Hutchins Jr., declined to comment today.

Earlier yesterday, another squad member, Cpl. Trent Thomas, entered innocent pleas at his arraignment.

Thomas, 24, is charged with kidnapping, murder, conspiracy, making a false official statement, larceny and housebreaking in Awad’s death. Thomas, from the St. Louis area, was on his second combat tour in Iraq. He could be sentenced to life in prison if convicted at his trial, which was set for March 12.

Two of the Marines who made plea deals are to be sentenced this week. A fourth squad member has made a similar deal and is due in court next week.

Some of the testimony has singled out Thomas’ actions the night of April 26. The Navy medic, Petty Officer 3rd Class Melson Bacos, testified Thomas fired several rounds into Awad’s chest. Bacos pleaded guilty to kidnapping and conspiracy and was ordered jailed for a year.

Quincy attorney Gerald M. Kirby, a director of a fund created to help U.S. troops charged with crimes, said the plea bargaining does not indicate a strong case against Hutchins.

‘‘I have been taken aback by the number of codefendants that have agreed to plead to lesser charges,’’ Kirby said.

‘‘I have done a lot of trials, and when the government starts taking pleas, it may be an indication that there are serious problems with its case,’’ he said said.

‘‘There has to be a heck of a lot of holes in the prosecution’s case to do all of this.’’

Kirby, a retired Marine, is on the board of the Military Combat Defense Fund, which was created to help U.S. troops charged with crimes. The group does not take a position on the guilt or innocence of individuals accused of wrongdoing.

Hutchins, whose father and grandfather were Marines, was born and raised in the Manomet section of Plymouth. He graduated from Plymouth South High School in 2002.

His parents, Lawrence and Kathleen Hutchins, live on Cary Road with his fiancée, Reyna Griffin, and their 2-year-old daughter.

Military Court of Justice and the Case of Sgt. Hutchins