Two US Marines have pleaded not guilty to murder, kidnapping and other charges relating to the April death of an Iraqi man in the town of Hamdania.
Source:
AFP, Reuters
5 Oct 2006 - 12:00 AM  UPDATED 22 Aug 2013 - 12:18 PM

Private John Jodka and Corporal Marshall Magincalda, along with five other marines and a US Navy medic are accused of dragging Hashim Ibrahim Awad, 52, from his home, shooting him dead and placing an assault rifle and a shovel next to his body to create the impression that he was an insurgent planting a roadside bomb.

All eight are based at Camp Pendleton in southern California and have been held in the military brig there since May.

Jodka, who was on his first tour to Iraq at the time of the incident, is charged with conspiracy, murder, assault and housebreaking. Additional charges of making a false statement and larceny and impeding an investigation have been dismissed.

Magincalda, who was on his second Iraq deployment, is charged with conspiracy, making a false statement, larceny, housebreaking and murder. Assault charges filed him were dismissed at a hearing last month.

Jodka's court martial was set for March 5, 2007, and Magincalda's for February 1, 2007. Both cases are expected to last two weeks, officials said.

Jodka asked to be tried before a panel of other marines while the judge allowed Magincalda to delay choosing between being tried before a military judge or a panel of marines.

Military prosecutors decided in August not to seek the death penalty but, if found guilty, the marines could face life imprisonment.

Military judge Colonel Steven Folsom has issued a temporary gag order in the case, forbidding both prosecutors and the defence lawyers from releasing information or making comments to the media.

Defence lawyers, who have previously expressed concern over the chances of a fair trial, will be allowed to visit the town, Hamdania and to interview witnesses, whose written statements have so far only been available through military investigators.