Posted on 12/4/2007, 2:12:05 AM by RedRover
CAMP PENDLETON, Calif. (AP) — A court-martial opened Monday for a Marine accused of murdering an Iraqi soldier while the two men stood guard together in Fallujah. But the 22-year-old reservist says he acted in self-defense.
Lance Cpl. Delano Holmes, of 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.
His court-martial started 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.
If convicted on all counts, Holmes faces life imprisonment with the possibility of parole.
The killing occurred in the pre-dawn darkness after Hassin allegedly opened his cell phone, then lit a cigarette, said Holmes' attorney, Steve Cook.
The men were not supposed to display illuminated objects because of the danger of sniper fire, and Holmes repeatedly tried 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. During the struggle, Holmes felt Hassin reaching for his loaded AK-47, so the Marine killed him with a knife, then radioed for help, Cook said.
He 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.
The court-martial is expected to last about two weeks, Marine spokesman Miquel Alvarez said.
Holmes 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 at 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.
There were stories (basically the same as this AP piece) in All Headline News and the San Diego Union Tribune.
From what I’ve read before it sounds like this Marine has a good defense case to offer.
What started out as a confrontation over a legitimate matter (the iraqi showing a light) escalated to coming to blows, and then a full on fight.
Unless I hear something new I think the Marine was in the right.
I’ll bet he is found not guilty.
(now I'm reading into the story)
I tell the Iraqi to stop, ... he probably tells me to STFU ... I'll be damned, says I ... a fight ensues ...
and the Iraqi reaches for his weapon.
Yup ... following orders regarding a possible imbed signalling his droogs.
Not guilty.
He 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.
THIS is the kind of BS that trying to be politically correct will do to our warriors.
BTW, earlier threads on this case are under the keyword delanoholmes.
Prayers up for Lance Cpl. Delano Holmes and his family.
It looks to me like the political hacks (commanders and civilians) are frothing at the mouth to throw another Marine under the bus. It will be interesting to see if the geniuses who figured it was a smart idea to station a disciplined Marine with a cigarette-smoking, cellphone-using Iraqi “soldier” in a sniper-target sentry tower will be held to account.
I am not holding my breath about that, however. I only hope Holmes isn’t relying on wink-and-nod JAG defemse attorneys to defend him. They would likely try to convince Holmes to plead out to 25 years at Leavenworth. You know - - “for the good of the Corps”.
I'm praying that's the way it will turn out. Any numb scull stupid enough to smoke and use a lighted cell phone deserves that fate before he gets others killed.
Just my opinion, but the actions of the Iraqi show me an act of premeditation. He knew the risk of his actions. To so blatantly defy the rules of not showing a light, whether with a cigarette or phone, or both, tell me he was setting Holmes up to be killed. Delano’s actions are more than justified. And his commanders know that.
Thanks for the prayers and good words, Lancey. I know the family appreciates all the support. As you’d imagine, they’re living inside a nightmare.
I think the Iraqi knew what he was doing as well. Sounds like he was taunting LCpl Holmes.
Government prosecutors have often tried to use a claim of “excessive force” to get a murder conviction (that was also pretty much the whole case against Lt Pantano). I don’t think the jury will buy what the prosecutor is selling. It stinks too badly.
What really stinks is putting this kid in solitary confinement.
If he was already having some problems, that kind of treatment could only exacerbate them. That is what is excessive. And I’m sure those bastards that did that to him brag about how they got to help torture a Marine. They should hold their heads high.
I’ve seen quite a few biased stories by this Chelsea Carter. Funny that it’s not an “Alleged Killing.”
Thank you Associated Press, may I have another?
Let’s see now ... I’m a trained Marine .. with unique instructions regarding the dangers of being in Iraq ... I’m assigned to guard duty with an Iraqi soldier ... and he starts doing $h!t I’ve been instructed to be aware of ... it’s pre-dawn darkness ... and the Iraqi soldier does stupid $h!t that may get us (me) killed ... and the Iraqi does more than one dangerous act.
During WWI the soldiers would have a smoke while watching their enemy accross “No Mans Land.” They quickly learned that lighting three cigarettes off a single match would result in an enemy marksman taking out one of their buddies.
The more things change, the more they stay the same.
My grandpa used to tell us grandkids a few things about WWI. “Three on a match” was one of them. Hopefully there are people on the panel with as much sense as he had.
Isn’t Chelsea-baby one of your most favoritest people? (Please don’t throw up in my direction, I just got my shoes shined):-)
Isn’t Chelsea-baby one of your most favoritest people? (Please don’t throw up in my direction, I just got my shoes shined):-)
She’s published many anti troop stories with AP.
The image I get when I see her name causes me to lose sleep!
How weird! I get the same image when I think about the people prosecuting our troops.
What is more troubling is the amount of people sharing the same nightmare.
“Chelsea Carter”
Now, if somebody a lot more handy with the computer than I am would use photoshop to splice Amy Carter’s face with Chelsea Clinton’s, that might be interesting....
Thanks, Girl. Hope there’ll be more later today.
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