Clients will Soon be Charged with Kidnapping, Murder and Conspiracy
June 12, 2006
North County Times
By: DAVID STERRETT - Staff Writers
CAMP PENDLETON ---- In the wake of allegations that locally based Marines kidnapped and murdered Iraqi civilians, the head of the U.S. Marine Corps is at Camp Pendleton today to speak with troops about military standards and values.
In a statement posted on the Camp Pendleton Web site, Gen. Michael Hagee, the commandant of the Marine Corps, said the recent allegations "have caused me concern" and that his visits to bases around the world are designed to remind troops of their core values: honor, courage and commitment.
Hagee will not discuss investigations into the deaths of 24 civilians in the Iraqi town of Haditha last November and a 52-year-old man in the Iraqi village of Hamdania in April, according to Maj. Jeff Nyhart, a Camp Pendleton spokesman.
"It's not appropriate to comment on ongoing investigations," said Nyhart, who added that no charges have been filed yet.
But the attorney for one of the troops under investigation for the alleged April 26 kidnapping and killing of the Iraqi man said Monday that Hagee's presence at the base could prevent the men from receiving a fair trial.
Jane Siegel, who is representing Pfc. John Jodka, said Monday that if Hagee discusses punishment or suggests the Marines are guilty, it could "taint the presumption of innocence."
"He is talking to the very men and women who will be judges, potential jurors and investigating officers," Siegel said. "He is talking directly to commanders who will make key decisions in the case."
Siegel said Hagee should not visit the base, where a trial is likely to happen.
But Nyhart said Monday that the commandant "takes every opportunity he can to talk with Marines," and is not just targeting Pendleton with his "core values" reminder.
Hagee, who is due to complete his four-year tenure as Marine commandant this year, visited the base at Twentynine Palms in the Mojave Desert on Monday and took the same message to troops in Iraq on a trip several weeks ago.
The commandant, who is appointed by the president and reports to the secretary of the navy, oversees the Marines, but is not in charge of combat operations.
In the written statement on the Camp Pendleton site, Hagee said: "The nature of this war with its ruthless enemies, and its complex and dangerous battlefield, will continue to challenge us in the commitment to our core values."
"We do not employ force just for the sake of employing force," Hagee said in the statement. "We use lethal force only when justified, proportional and, most importantly, lawful.
"During a news conference in Washington last week, Hagee said he was "gravely concerned" about the allegations of Marines killing Iraqi civilians and "if any individual has been found to have violated our standards, rules or regulations, they will be held accountable."
Siegel said that officials in high-ranking positions such as Hagee should avoid making statements with Marines still under investigation.
"Politics cloud the judgment of people in high places, and right now they are getting a lot of bad press about the war," Siegel said. "They are looking for people to point fingers at.
"Siegel is representing the 20-year-old Jodka, who is a member of the 3rd Battalion, 5th Marine Regiment's Kilo Company under investigation for the death of an Iraqi in Hamdania.
Jodka is one of eight men ---- seven Marines and a Navy corpsman ---- being held in solitary confinement at the brig since mid-May for the Hamdania incident. Attorneys for those in custody said they expect their clients will soon be charged with kidnapping, murder and conspiracy.
Jodka's father John said Monday evening that he visited his son over the weekend, and said the young man is "in good spirits."
"He was joking about cocktails on the roof at 4 p.m." the elder Jodka said.
No Marines with the 3rd Battalion, 1st Marine Regiment are in custody for the death of 24 civilians in Haditha in November, but some are restricted to base while the Naval Criminal Investigative Service investigates the allegations.
Staff writer Teri Figueroa contributed to this report. Contact staff writer David Sterrett at (760) 740-3516 or dsterrett@nctimes.com.
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