Sergeant convicted of Iraq murder walks free
A MILITARY judge has allowed a Marine sergeant convicted of murder in one of the biggest war crimes cases to emerge from the Iraq war to walk free, nearly two months after a military appeals court ruled he had an unfair trial.
Monday's surprise decision to release Sergeant Lawrence Hutchins deals another blow to the United States government's prosecution of US troops accused of killing unarmed Iraqis.
Attorneys for the government have said Hutchins led a squad of seven troops who killed a 52-year-old man in the Iraqi village of Hamdania in 2006, and then planted a shovel and AK-47 to make it appear he was an insurgent.
"I'm going to be the best Marine I can be today," an elated Hutchins told reporters.
"Today is really a surreal experience. I think we had a good judge. It's hard to describe exactly what I'm feeling. I'm happy."
Hutchins had been serving an 11-year sentence. The others in his squad served less than 18 months.
The US Navy-Marine Corps Court of Criminal Appeals in Washington ruled in April that Hutchins was not given a fair trial because his lead defense lawyer left the case shortly before his 2007 trial. The ruling is being appealed by the Navy.
Hutchins' defense attorney, Captain Babu Kaza, argued that the married father of a 5-year-old girl was not a flight risk or a threat to society.
Hutchins will be allowed to remain free while the US Court of Appeals for the Armed Forces decides whether to affirm or overturn the Washington court's ruling.
The court is expected to hear arguments from both sides this autumn and could take until next year to make a decision.
Monday's surprise decision to release Sergeant Lawrence Hutchins deals another blow to the United States government's prosecution of US troops accused of killing unarmed Iraqis.
Attorneys for the government have said Hutchins led a squad of seven troops who killed a 52-year-old man in the Iraqi village of Hamdania in 2006, and then planted a shovel and AK-47 to make it appear he was an insurgent.
"I'm going to be the best Marine I can be today," an elated Hutchins told reporters.
"Today is really a surreal experience. I think we had a good judge. It's hard to describe exactly what I'm feeling. I'm happy."
Hutchins had been serving an 11-year sentence. The others in his squad served less than 18 months.
The US Navy-Marine Corps Court of Criminal Appeals in Washington ruled in April that Hutchins was not given a fair trial because his lead defense lawyer left the case shortly before his 2007 trial. The ruling is being appealed by the Navy.
Hutchins' defense attorney, Captain Babu Kaza, argued that the married father of a 5-year-old girl was not a flight risk or a threat to society.
Hutchins will be allowed to remain free while the US Court of Appeals for the Armed Forces decides whether to affirm or overturn the Washington court's ruling.
The court is expected to hear arguments from both sides this autumn and could take until next year to make a decision.
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