Prosecutors claim Lance Cpl. Delano Holmes murdered an Iraqi soldier while the two men stood guard together in Fallujah. But the 22-year-old Marine reservist says he acted in self-defense.
Now, jurors will determine whether he is innocent or guilty during a court-martial, which began Monday with attorneys for both sides arguing motions over the use of photographs of the soldier's body as evidence and the use of statements taken from Iraqis as part of the investigation.
Holmes, from Indianapolis, is accused of stabbing Munther Jasem Muhammed Hassin to death as they stood watch at a security post on Dec. 31, 2006. He has pleaded not guilty to charges of unpremeditated murder and making a false statement. If convicted on all counts, Holmes faces life imprisonment with the possibility of parole.
The motions offered a hint of Holmes' defense as attorneys argued against the prosecution use of video and pictures of the dead soldier, saying there was a break in the chain of custody of the body.
One of Holmes' civilian attorneys, Stephanie Byerly, told the judge, Lt. Col. Jeffrey Meeks, it was not clear when the photos were taken and whether they were taken before or after the body was removed by Iraqis and later turned over to Americans. Prosecutors told Meeks the pictures were taken within an hour of the fight.
Meeks allowed some of the photographs but temporarily excluded use of a video, which showed the body on the ground and onlookers.
The killing occurred in the pre-dawn darkness after Hassin allegedly opened his cell phone then lit a cigarette at the post, said Holmes' attorney Steve Cook.
The men were not supposed to display any illuminated objects because of the threat of sniper fire, and Holmes made repeated attempts to make Hassin extinguish the cigarette, Cook said.
Holmes maintains he knocked the cigarette out of the soldier's hand and the two got into a fight, falling to the ground. During the struggle, Holmes felt Hassin reaching for his loaded AK-47, so he killed him with a knife and then radioed for help, Cook told The Associated Press.
"He's maintained it was self-defense right from the beginning," Cook said.
Cook said Holmes was charged with murder because of the political climate at the time, citing incidents at Haditha and Hamandia where Marines were accused of murdering civilians.
"The military was attempting to show ... they were going to treat seriously or crack down on any allegations against Marines," Cook said.
Cook, a former federal prosecutor in San Diego, said he expects to call 20 to 30 defense witnesses, many of whom will testify the allegations that Holmes murdered the soldier is out of character.
The court-martial was expected to last about two weeks, said Marine spokesman Miquel Alvarez.
Holmes, who is being held in the brig at Camp Pendleton, enlisted in the Marine reserves in May 2004 and was on his first deployment in Iraq, Cook said. He is from the 1st Battalion, 24th Marine Regiment, based out of Lansing, Mich.
Outside the courtroom, Holmes' family told reporters they were still coming to terms with the allegations.
"We've had a lot harder feelings about the process than he has," said Jenni Crowley, who was a foster parent to Holmes as a teenager and is now trying to adopt the Marine.
She said Holmes, known as "Del" to friends, believes he will be exonerated.
