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Hamdaniyah
Case Timeline |
- 26APR06:
1st Squad, 2nd
Platoon, 3/5 Kilo Co. embarks on ambush
patrol near Al Hamdaniyah, Iraq which results in the death of Iraqi
insurgent.
- 11MAY06:
PFC Jodka is
confined in Camp Fallujah, Iraq.
- 17MAY06:
Congressman
Jack Murtha calls Haditha Marines
"cold-blooded killers" and starts a snowball
of negative press/confusion surrounding the
Hamdaniya incident.
- 23-24MAY06:
PFC Jodka
transferred to Camp Pendleton, California
Brig and placed in Maximum-In Security akin
to solitary confinement, including ankle and
wrist shackles - no physical contact allowed
with family.
- 25MAY06:
General
Michael W. Hagee begins series of visits to Marines
around the globe to reinforce "Corps
Values."
- 08JUN06:
Captain Scott Joiner, USMC is appointed as
PFC Jodka's military defense counsel.
- 16JUN06:
Government
reduces level of confinement
to "Medium-In" (no leg-irons and hand cuffs,
physical contact allowed with family)
- 19JUN06:
PFC Jodka's defense files a
Demand For Speedy Trial
- 20JUN06:
Government
requests the Convening Authority to exclude
from it's speedy trial clock the 12 days PFC
Jodka was confined.
- 20JUN06:
PFC Jodka's
defense serves objections to government's
20JUN06 request for excludable delay.
- 21JUN06:
Government prefers (files)
charges
against PFC Jodka and his squad mates.
- 22JUN06:
PFC Jodka's defense serves 1st Discovery
Request.
- 23JUN06:
Government sets Article 32 date for 28JUN06
- a mere seven days after filing charges and
without providing Defense any evidence to
defend its case.
- 23JUN06:
PFC Jodka's defense serves its request to
continue the Article 32 to 01AUG06.
- 26JUN06:
Government serves first set of discovery
consisting of two data CDs including an
incomplete military investigation and an
incomplete autopsy report.
- 28JUN06:
Convening
Authority grants the prosecution's 20JUN06
request to exclude PFC Jodka's initial 12
days of confinement from the speedy trial
clock.
- 29JUN06:
PFC Jodka's
defense serves 2nd Discovery Request based
on review of government's initial evidence
provided on 26JUN06.
- 01JUL06:
PFC Jodka's
defense serves requests for Iraq site visit
and funding for investigator, translator,
and forensic psychologist.
- 12JUL06:
PFC Jodka's
defense serves formal request for update
on the status of defense's multiple requests
for discovery and production of witnesses.
- 13JUL06:
Major
Louis "Dutch"
Schotemeyer, USMC is detailed as PFC Jodka's
2nd military defense counsel.
- 18JUL06:
PFC Jodka's
defense serves request for funding for
forensic pathologist.
- 19JUL06:
Government
denies defense request
for Iraq site
visit and funding for investigator,
translator
on the
grounds that the requests are
"premature...because no charges have been
referred to trial by court-martial" - Lt.
Gen. John F. Sattler, Commander, U.S. Marine
Corps Forces, Central Command. (Note: actual
denial is dated 14JUL07 but not delivered to
defense until 19JUL07).
- 17-21JUL06:
Government
returns the body of the alleged victim to
Iraq for reburial without notifying defense
or allowing defense pathologists to conduct
any examinations of their own.
- 21JUL06:
Government
denies defense request for forensic
psychologist on the grounds that
the request
is "premature...because no charges have been
referred to trial by court-martial" - Lt.
Gen. John F. Sattler, Commander, U.S. Marine
Corps Forces, Central Command.
- 21JUL06:
Government
notifies defense of: (a) additional
prosecutors (LTCOL John Baker, Senior Trial
Counsel; Major Don Plowman, Major Daren
Erickson, and Captain Nick Gannon - in
addition to LTCOL Sean Sullivan and Captain
Timothy Garrison); (b) its intent to go
forward with an Article 32 on 01AUG06 at
0900; (c) its intent to call PFC Jodka as a
witness to testify against his squad mates -
and vice versa (a request the defense will
vehemently object to and deny); and (d) that key witnesses
will not return from Iraq until "mid to late
August 2006"
- 25JUL06:
Government
provides defense with a 3rd data CD
containing a purportedly complete autopsy
report (without any photos) and more Reports
of Investigation from military
investigators.
- 26JUL06:
Defense requests immediate update on its
18JUL06 funding request for and independent
forensic pathologist and request for
independent examination of the alleged
victim's body.
- 28JUL06:
Defense resubmits funding assistance request
for forensic pathologist and ballistics
expert.
- 28JUL06:
Defense serves continuance request for
Article 32 hearing to 26SEP06 due to
unavailability of case witnesses and the
government's recalcitrance in granting
access to crucial evidence.
Additionally, Defense served formal request
for PFC Jodka's release from confinement
due to good behavior and government's delay
in bringing him to trial.
- 31JUL06:
Defense
serves 3rd Discovery Request seeking
additional evidence such as x-rays and
photos of alleged victim's autopsy and
re-requested evidence in previous discovery
requests: the government has exceeded 40
days in responding to defense discovery
requests.
- 02AUG06:
LTCOL Paul Sturita
(military defense counsel for LCPL Jackson)
secures temporary, periodic release for 3/5
detainees to visit with defense counsel in
military defense counsel spaces at Camp
Pendleton.
- 03AUG06:
Government charges additional Marines Lance
Cpl. Henry D. Lever, Pfc. Derek I. Lewis and
Lance Cpl. Saul H. Lopezromo for an
unrelated
April 10 incident in Iraq and adds
charges to three previously charged 3/5
Marines (PFC Jodka was not charged in this
round of charges).
- 16AUG06:
PFC Jodka
waives his right to an Article 32
and demands a trial.
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