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Sergeant of Marines Lawrence Gordon Hutchins, III

Sergeant of Marines Lawrence Gordon Hutchins, III

All –

 

There are too many addresses to send this email to all in one shot.  So, it is also going out to dozens more in the second wave…

 

 

I was at the hearing at CampPen yesterday, and it was a long day.  We were in court for nearly 8 hours.  What I couldn’t tell you before, is what you will see in the short video below regarding his new civilian attorney Chris Oprison (now assisting his assigned military attorneys).  Chris used to be one of president George Bush’s attorneys, when he was president.   Also, Chris is a former Marine and has had cases heard before the Supreme Court as well.  He is a genius in the courtroom.  And he has taken on this case pro bono.  I was unable to make the hearing that followed today, but having just talked with Larry, it was more of the same by Chris today.  And he is just getting started.  The August court martial that was delayed to the Oct/Nov timeframe has now been re-scheduled for next January.  The trial date is a moving target, and I expect that we will see further delays.  Now, after eight long years of getting the short end of the stick, the playing field is level.  And at long last Larry and his legal team are able to “Roll in Hot.”  The defense is now on the offense.

 

For those who are not entirely familiar with Larry’s case, if you google Sgt Larry Hutchins or Hamdaniya, it will bring you up to speed.  However, what you will most likely see in print is far short of the entire story.  As most of you know, I have been involved in Larry’s case for the past four years.  I was appointed by his outstanding appellate attorney, Maj Babu Kaza, to act as Larry’s legal liaison for the three years while he was incarcerated at the MCAS Miramar Consolidated Brig.  Prior to that, Larry, was at Ft. Leavenworth and the Camp Pendleton brig.  He was initially sentenced to 15 years behind bars.  His case was overturned in 2009, he was released only to find himself re-tried again, and he was re-incarcerated.  As you research this case you will see how politics reared its ugly head that has caused this to continue on for eight long years now.

 

Without question, his case is the most well known, and probably most infamous, in military legal circles.  It is extraordinary what he and his family have had to endure these past eight years.  In November of 2012, the highest court in the military legal system, the Court of Appeals for the Armed Forces (CAAF), found in his favor regarding an illegal NCIS investigation conducted in-country in Iraq.  They had essentially locked him up in solitary confinement in little more than a CONEX box for a week.  Even upon his release based on the CAAF decision, a little over a year ago, the prosecution still wanted him held in pre-trial confinement until the outcome of their third attempt at court martial.  Had it not been for the intervention of his appellate attorney, Maj Kaza and the Honorable Bing West (former Vietnam Marine, Asst. SecDef in the Reagan administration and highly accomplished novelist), Larry would still be behind bars today.  Additionally you should know that former congressman and retired army LtCol Allen West has been an advocate for Larry and the “Leavenworth 10” since the beginning of this unbelievable journey.  I have nothing but the highest admiration for the above mentioned men, as I know you do.

 

Please don’t ask me how this whole evolution for eight years can still be continuing on until this time.  I have learned more about the military legal system in the past four years than I ever thought possible, or wanted to… and I still don’t understand it.  It’s the old adage, “one step forward and two steps back” when it comes to me, as just when I think I have it kinda figured out I discover that I still don’t know a damned thing.  Lastly, you should know that in the past year since Larry’s release, he has truly been what he always was… A Sergeant of Marines.  He is the top rated Sgt amongst 33 others in his command.  For those who will be doing further research, believe me, you will be scratching your head as to how this could ever happen to one of our own.  We never left a Marine in need behind in a hot LZ in Vietnam… and we are not about to change our ways now.

 

So, here is the latest unbelievable thing that the prosecution has pulled.  In the link below, the reference by Bridget Naso has to do with CID a few months back coming into the CampPen defense attorney’s offices, and required that the attorneys stand out in the passageway as they rifled through all the lawyer-client confidential files throughout the entire complex that encompasses the defense attorney’s offices.  To say the least there has been nothing but outrage out this way as to this latest event.  They were looking for a cellphone that was pertinent to another case, but after finding the phone early on, they continued to go through all of the other defense attorney’s case files, including Larry’s.  On the stand yesterday, Chris questioned the CID agents and others.  He caught them during questioning in several instances of “inconsistencies.”  To put it into a vernacular we are all familiar with… “He ripped them a new one.”

http://www.nbcsandiego.com/news/local/Marine-Sgt-Hutchins-Enlists-Civilian-Attorney-for-War-Crimes-Retrial-271322321.html
Sergeant of Marines Lawrence Gordon Hutchins, III

Sergeant of Marines Lawrence Gordon Hutchins, III

All – 

On 2/13/14 Sgt Hutchins’ arraignment for unpremeditated murder charges of an “Unknown Iraqi Male” in Hamnadiya, Iraq in April 2006 took place at Camp Pendleton.  This is the third time around.  Although his case has already been overturned twice (the second time by the highest court in the military justice system, The Court of Appeals for the Armed Forces (CAAF), The Navy Department insists on trying Sgt Hutchins again.  The fact that it is even possible to continue this constant barrage against Sgt Hutchins and his family boggles the mind.  To attempt to explain how this is not double jeopardy to the average, reasonable American citizen, is far too complicated to address here.  The simple fact of the matter is that the prosecution is, in fact under the military justice system, able to do it.  And needless to say, they are pursuing this once again.  In my personal opinion, this is so far beyond absurd, that I have no words to describe what they are doing.  However, given my familiarity with the case, I know why they are doing it.  And I will leave it at that.

 

So, all of this is taking place as this administration is not only freeing known terrorists who have killed Americans in combat, but they are also taking steps to allow these killers to emigrate to the United States!  Yes, you read that correctly.  If this is not complete insanity, I don’t know what is.  The military judge’s instructions a few days ago were to have the trial begin in late August of this year.  Between now and then, there are a couple of other legal hurdles that must be addressed to ensure that Sgt Hutchins receives impartial and fair representation by his assigned Marine Corps defense attorney, and that an impartial judge (who has not in some way already been influenced by this case that has dragged on now for seven years) will be presiding.  An attempt has already been made to have the navy and army re-try this case.  Both services have refused to touch it.  There are others details that I could address at this point, but I think what has already been stated is sufficient for now.  Know also that Sgt Hutchins has spent several years in the brig at Ft. Leavenworth, MCB Camp Pendleton and MCAS Miramar.  Those closest to him on the staff at the Miramar brig nearly unanimously recommended parole and clemency for him every year that the issue was addressed, only to have the commanding officer of the brig in all but one case, forward his recommendation up the chain of command to the Secretary of the Navy recommending disapproval.  We all know that this is not how the system works, there are obviously other factors at play here.  Again, that is all I will say about it, but I am sure that you can see exactly what is happening, as can I.  Sgt Hutchins is currently on active duty at Camp Pendleton (having been released this past July after CAAF’s decision… although there was a last minute attempt by the navy to keep him incarcerated indefinitely under their interpretation of the rules of pre-trial confinement).  Were it not for the tremendous efforts of his appellate attorney, Major Babu Kaza and former Vietnam Marine, novelist and former Assistant Secretary of Defense in the Reagan administration, the honorable Bing West, Sgt Hutchins would still be sitting behind bars today.  You tell me how egregious this attempt by SecNav was!  

Sgt. Hutchins is a model Marine.  To his credit, after the way that he has been treated by his own government, he still is one of the most squared away, gung ho Marines you will ever meet.  His command thinks so highly of him that they have recently recommended him for the Navy Achievement Medal, as well as the Combat Action Ribbon (that he unbelievably never received).

This, again my opinion, is an absolute travesty.  And for those unaware, Sgt Hutchins’ family and some others close to him have for some time now been on an Al Qaeda hit list.  There is currently an individual who was living in Alaska (who converted to Islam, as well as his wife) who has been locked up by the FBI for approximately three years for making the above mentioned threats.  He will most likely be released within the next few years.

 

THIS THIRD RE-TRIAL OF A MARINE WHO RISKED HIS LIFE IN IRAQ BY ORDER OF THE UNITED STATES GOVERNMENT, AND IS NOW BEING PUT ON TRIAL ONCE AGAIN BY THIS SAME GOVERNMENT IS TOTAL CRAP…. AND THAT IS PUTTING IT MILDLY!!  And he is not the only one.  There are other military personnel locked up in Ft. Leavenworth for up to 40 years (that the public is unaware of) for similar situations that Sgt Hutchins was involved in during combat.  At the heart of these injustices are the idiotic voluminous Rules of Engagement that our troops must abide by that puts them at great personal risk (the movie plot line of “ Lone Survivor” is another example of this)… and our enemies know these rules and use them against us.  The enemy has no rules, they simply capture and behead our troops.  THIS WHOLE THING STINKS TO HIGH HEAVEN!!!  
PUBLIC OPINION IS CAPABLE OF CHANGING A LOT OF THINGS.  MANY ARE NOT AWARE OF MOST OF WHAT HAS BEEN STATED ABOVE.  NOW YOU ARE.  I WOULD URGE YOU TO PLEASE SPREAD THE WORD FAR AND WIDE!  FORWARD THIS MESSAGE ON TO AS MANY AMERICAN CITIZENS, CONSERVATIVE TALK SHOW HOSTS, CONGRESSMEN, SENATORS, PATRIOTIC ORGANIZATIONS AND OTHERS AS YOU POSSIBLY CAN.  THANKS. 
Semper Fi,
Rog

READ MORE HERE!

In Sgt. Hutchins’ case…About that autopsy report

SERGEANT OF MARINES LAWRENCE GORDON HUTCHINS, III

“A major Iraq War crimes case was upended Wednesday when the military’s highest court dismissed the conviction of a former Camp Pendleton Marine accused of murdering an unarmed man in Hamdaniya, Iraq, in 2006.

“The Court of Appeals for the Armed Forces ruled in Hutchins’ favor because a confession obtained by naval investigators in Iraq violated his Fifth Amendment rights, according to the opinion posted on the court’s website.

“Hutchins has been confined for about 6.5 years since he was detained in Iraq in May 2006. He was imprisoned for four years at Fort Leavenworth, until his conviction was dismissed by the U.S. Navy-Marine Corps Court of Appeals. The court determined he did not receive a fair trial because a lawyer was improperly excused from his defense.”

MORE!

gretel.kovach@uniontrib.com; (619) 293-1293; Facebook page: UT Military; Twitter @gckovach

AND MORE HERE!

CITIZENS’ TSUNAMI (click here)

“Every Jury has a leader and The Verdict belongs to him!”

– John Grisham

Runaway Jury

A Robert Hefner illustration

Marine Corps: Hutchins returned to Camp Pendleton, awaits decision on his fate (click here)

Sergeant of Marines Lawrence Gordon Hutchins, III

On Thursday, 22 April 2010 the Navy-Marine Corps Court of Criminal Appeals threw out Marine Corps Sergeant Lawrence Gordon Hutchins, III attainder court-martial findings and sentence.

And yet Sergeant Hutchins is still in stir at Fort Leavenworth this moment.

Do you need to be told what you can do to free MAINE SERGEANT Larry Hutchins today with back pay, back benefits, and back promotion!?

More…

JAG HUNTER here:

About ten years ago…

“The Court of Appeals for the Armed Forces threw out a conviction of Army Staff Sgt. Robert Wiesen on grounds that his jury selection was unfair. Despite the decision 11 months ago, Wiesen remains locked behind bars…” (click here)

Yesterday the Navy-Marine Corps Court of Criminal Appeals threw out Marine Corps Sergeant Lawrence Gordon Hutchins, III attainder court-martial findings and sentence.

And yet Sergeant Hutchins is still in stir at Fort Leavenworth this moment.

Do you need to be told what you can do to free MAINE SERGEANT Larry Hutchins today with  back pay, back benefits, and back promotion!?

~~~~~

In Sgt. Hutchins’ case…About that autopsy report

Sergeant of Marines Lawrence Gordon Hutchins, III

“He was just in shock. He said this is the first good thing that’s happened in this case…”

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And more…

NAVY SEALS Second Class Petty Officer Matthew McCabe, Second Class Petty Officer Johnathan Keefe, & First Class Petty Officer Julio Huertas, Jr.

“Charging the Navy SEALS sends the wrong message to both our troops and to the terrorists. How can we ask our bravest, most elite troops to carry out dangerous missions for our sake, and then have our own government charge them with crimes and threaten to punish them for doing their jobs? How can we expect them to do their jobs with the threat of court-martial over their heads?” asked Gonzalez.

More…

Marine Sergeant Lawrence Gordon Hutchins, III


Monday, 15 March 2010 full-board disciplinary officer hearing set for Marine Sergeant Lawrence Gordon Hutchins, III.

Defense JAG, Marine Captain Kaza reports:

En Banc” just means that the entire Navy-Marine Corps Court of Criminal Appeals will sit in judgment of this case. There are roughly 12 judges assigned to the Court. Normally, an appeal will only be considered by a panel of 3 judges. But for cases that are deemed significantly important, they will sit “En Banc,” which means all of them will consider it. From my recollection, this Court only considers cases “en banc” roughly 2-3 times per year, out of the hundreds of cases they consider. This does not necessarily mean they are leaning toward the prosecution or defense, it just means that they consider the legal issues raised by Sgt Hutchins’ appeal to be very important.

The hearing on March 15 is an “oral argument.” That is where counsel for both sides of an appeal have the opportunity to address the appellate judges regarding technical points of law. As this case is being considered “En Banc” all of the judges assigned to the Court will be present for the argument. The judges will usually ask several questions, to help flesh out their position on a legal issue. It is very different from a trial, as it is not as much about emotion or rhetorical skill (although that can be important), as it is about knowledge of case precedents and how they should or shouldn’t apply to the facts of the case. The oral argument is more of a technical tool for the judges to help them analyze a case than it is a “closing argument” which will convince them whether to reverse or affirm a conviction.

I wouldn’t expect them to issue their decision for at least another month after that, if not longer.

If we lose the appeal before the Navy-Marine Corps Court of Criminal Appeals (which is statistically likely), then we can appeal to the highest military court, the Court of Appeals for the Armed Forces. That Court is made up of 5 civilian judges, appointed by the President for terms of 15 years. After that is a potential appeal to the U.S. Supreme Court.

Former Marine Judge Advocate, Marines, Brigadier General David Brahms adds this:

It is a big deal for the [Navy/Marine Corps Military Disciplinary Review Board] as a whole (all twelve members) to agree to hear the case as in Larry’s situarion. It is rare. In most cases a [smaller panel] of the whole [Board] hears the case. The EN BANC decision means there is a big issue and the [Board] is convinced it required special attention. I caution it is not evidence [Sergeant Hutchins] will win.

About that Autopsy Report!

Say bye bye Bill! (photo courtesy of the Boston Globe) (click on picture for Autopsy report)

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A Robert Hefner illustration

CAMP PENDLETON EIGHT UPDATE…

Thursday, 19 November 2009

Navy Secretary Ray Mabus - GUILTY OF ATTAINDER!

JAG HUNTER here:

Ray Mabus is a criminal! Ray Mabus is a liar! Mabus must be forced from office just as OBAMA!

The narrative behind the circumstances of the Camp Pendleton Eight is long reported.

NCIS Special Agent James H. Connolly–the special agent in charge of the Camp Pendleton Eight–is a proven liar and accused criminal. Connolly’s investigation into the CP8 is a ghost story. Connolly’s case is a product of his imagination. Connolly and his NCIS buddies made the entire episode up!

Ray Mabus is now criminally complicit!

Mabus’ action to administratively discharge those Marines and Navy personnel still on active duty is just one more outrage defining the scope and operation of the military discipline system.

Worth noting is that the monster terrorists residing in New York City awaiting federal civilian criminal trials enjoy more protection under our Constitution than do the CP8, and every other military man or woman actively defending the Constitution with their lives.

What is it going to take for you–the American people–to stand up to defend our defenders?

As it stands, you don’t deserve their sacrifice

Shame on you! Shame on you all!