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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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Copyright 2006.  Joseph N. Casas, Esq. All rights reserved