Court dismisses murder conviction of Marine serving 14 years for killing Iraqi man

Court dismisses murder conviction of Calif. marine

SAN DIEGO — A military appeals court Thursday threw out the murder conviction of a Marine serving time for the kidnapping and slaying of an Iraqi man, one of the biggest criminal cases against U.S. troops to come out of the Iraqi war.

The ruling by the U.S. Navy-Marine Corps Court of Appeals in Washington sets the stage for the release of Sgt. Lawrence Hutchins III — the only military man convicted for the April 2006 death of Hashim Ibrahim Awad, 52, in the village of Hamdania.

Six other Marines and a Navy corpsman who were part of a squad led by Hutchins were also charged in the case.

The nine-member court said it based its decision on the improper dismissal of an attorney for Hutchins before his trial in 2007.

The case is now back with the Navy Judge Advocate General’s Corps, which will decide whether to appeal the decision or order a retrial.

“As a mother, honest to God, I’m so happy,” the Camp Pendleton Marine’s mother, Kathy Hutchins, said in a phone interview from Plymouth, Mass. “I thank God for these professionals because they restored my faith in my country. Wow!”

Hutchins, 36, has been serving an 11-year sentence in a military prison in Leavenworth, Kan.

“Let’s hope Larry can come home,” his mother said. “It’s not like the charges can be dropped, there still can be a retrial, but we hope that he can come home and hold his daughter.”

Hutchins has a 5-year-old daughter, Kylie. He learned of the court decision from his attorney, Marine Capt. S. Babu Kaza.

“He was surprised to get good news because it’s really the first time it’s happened since he got put in confinement,” Kaza told the North County Times.

Hutchins was reduced in rank to private after his conviction. Thursday’s ruling could restore his rank.

Hutchins led the 3rd Battalion, 5th Marine Regiment squad that prosecutors said was on a mission to find an insurgent. When they failed to find the suspect at his home, prosecutors said, the accused went to a nearby house and pulled out Awad, killed him and then planted an AK-47 and shovel to make him look like an insurgent planting a bomb.

Navy corpsman Petty Officer 3rd Class Melson J. Bacos of Franklin, Wis., pleaded guilty to kidnapping, conspiracy to kidnap and making false official statements. Marine Lance Cpl. John J. Jodka III, of Encinitas, Calif., pleaded guilty to aggravated assault and conspiracy to obstruct justice.

Marine Lance Cpl. Tyler A. Jackson, of Tracy, Calif., pleaded guilty to aggravated assault and conspiracy to obstruct justice. Marine Lance Cpl. Jerry E. Shumate Jr., of Matlock, Wash., pleaded guilty to aggravated assault and conspiracy to obstruct justice.

All will get either an honorable or general discharge. They have no recourse to appeal.

Three other defendants left the military after their prison terms ended.