General cuts sentences of two imprisoned Marines (Hamdania)

San Diego Union - Tribune ^ | 8/7/07 | Rick Rogers

[There's millions of'em]

Mattis is considering whether to cut short the prison terms for Pennington and Hutchins, Marine spokesman Lt. Col. Sean Gibson said Tuesday.

Release them today.

[cwcsunflower]

FREE them all now!!! It’s not ENOUGH that we ask these great warriors to go to battle to keep US free now we make them second guess their actions. No this is just wrong and these young men should be given medals not time in the brig and worse. A Marine mom

[Eagles6]

The defense had evidence that a)the man was not who he was purported to be b)that he was a terrorist. The judge would not allow that evidence to be presented.

[RedRover]

Deserves a picture...

[RaceBannon]

The man they were looking for was a former Baathist, and the name of the man provided for trial was a suspected insurgent.

However, due to the complete lack of forensic evidence taken, and the fact that when the body was sent to the US for autopsy it was missing it’s head and the body description didn’t match the ‘family’ description, they could no longer identify who it was, therefore there is no clue as to the body’s previous life.

[Girlene]

From the North County Times Mattis frees junior Marines

...Mattis, who can shorten sentences but not increase them, freed Pvts. Jerry Shumate Jr., 21, and Tyler Jackson, 23, out of a sense of fairness, a military spokesman said Tuesday...

Whatever it takes. He is also considering shaving time off Hutchins and Pennington's sentences.

...The family of the 23-year-old Massachusetts native [Sgt Hutchins family] could not be reached for comment, but Brannon said Monday that they were meeting with Mattis to lobby for leniency.

Pennington's attorney, Carlsbad-based retired Brig. Gen. David Brahms, also declined comment Tuesday about efforts to have him freed early.

Pennington's mother said her family is "cautiously hopeful" his sentenced will be slashed.

"We have been praying for this for a long time," Deanna Pennington said....

[Marine_Uncle]

So lets see how close the good general will be up with them. At least he is moving in a general direction of having sentences dropped and jail time reduced for these Marines as well as those caught up in the Haditha charade.

[El Gato]

Since the jury wasn’t allowed to know who this “poor, crippled grandfater and former saddam policeman” was, will it be grounds for appeal?

Courts Martial do not have juries, they have panels, or simply "The Court". The Judge is not "The Court" as in a civilian trial. The board of officers, and enlisted in the case of an enlisted defendant who wants them, is the Court. The Court is also both prosecutor and defense, in that they can ask direct questions of witnesses, unlike the jury in a civilian trial. They are also the jury of course, since they determine the facts in the case and how to apply the laws and regulations to those facts.

[El Gato]

Since the jury wasn’t allowed to know who this “poor, crippled grandfater and former saddam policeman” was, will it be grounds for appeal?

Who was it that "didn't allow" the members of the court to know this?

[Eagles6]

http://www.freerepublic.com/focus/f-news/1865746/posts

[El Gato]

Thanks, but the prosecution witholding what it knows is not quite the same as someone not letting the Court know or consider as evidence, something. Close but not quite the same.

However it's an even bigger no-no in a military court martial than in a civilian one. In a civilian one, the prosecution isn't supposed to do that, but the defense can. IIRC, even the defense isn't supposed to do that in a military trial, as the "theory" is that both side, and the Court, are looking for the truth on a much less adversarial basis than in a civilian trial.

Of course the problem is that the JAGs are all trained in civilian law schools, with supplemental training by the military, by other JAGs that is. Eventually the rot seeps through.