The U.S. Court of Appeals for the Armed Forces will not take up a request by prosecutors to reconsider its ruling to throw out the conviction of Camp Pendleton Marine Sgt. Lawrence Hutchins III, which allows him to be released from the MCAS Miramar brig as early as today, according to the Associated Press.
In June, the court agreed with Hutchins' assertion that his constitutional rights were violated when he was withheld access to his attorney during his interrogation.
But earlier this month, as Home Post reported, prosecutors filed a motion requesting the court reinstate the conviction, arguing:
...Hutchins waived his right to counsel at the time and willfully told his side of the story without being badgered or coerced.
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.
Hutchins’ attorney Maj. Babu Kaza told the Associated Press he expects his client to be released from the brig today and reassigned to Camp Pendleton. Hutchins' wife and two children currently live in Oceanside.
