Court May Reinstate Camp Pendleton Marine’s Murder Conviction In Hamdania Case
Wednesday, July 10, 2013
Prosecutors have asked the military court that threw out the murder conviction of Camp Pendleton Marine Lawrence Hutchins III to reconsider reinstating it, according to the Associated Press.
A military court in 2007 convicted Hutchins of murder, conspiracy to commit murder, making a false official statement, and larceny. Hutchins led an eight-man squad that kidnapped and killed unarmed Iraqi civilian Hashim Ibrahim Awad in Hamdania in 2006.
But last month, as Home Post reported, the U.S. Court of Appeals for the Armed Forces overturned Hutchins' conviction. The court agreed with Hutchins' assertion that his constitutional rights were violated when he was withheld access to his attorney during his interrogation.
However, in yet another twist in the case, prosecutors filed a motion with the court this week, urging it to reconsider the ruling. According to the motion...
...Hutchins waived his right to counsel at the time and willfully told his side of the story without being badgered or coerced.
Hutchins' attorney, Marine Maj. Babu Kaza, has filed an opposition to the government’s motion. Kaza asked the court to dismiss the motion and release Hutchins from the brig at MCAS Miramar, where he's served about half of his 11 year sentence.
Hutchins released a statement through his attorney that read, in part:
“The government’s motion... requesting reconsideration from the court is frivolous, and is solely designed to stall my imminent release. My family and I have been through so much.”