Sunday, June 25, 2006

Marine's father creates Web site

MUKILTEO - Supporters of a Mukilteo Marine charged with the murder of an Iraqi man April 26 feverishly put together a Web site to garner public support and raise money to help defray defense costs.
Terry Pennington, father of Lance Cpl. Robert Pennington, said the Web site is www.defendrob.com.

The younger Pennington is among seven Marines and one Navy medic charged with murder, kidnapping and conspiracy in connection with the shooting death.

The government has accused them of pulling a man from his home and shooting him while U.S. troops were searching for insurgents. It also has accused them of trying to cover up the crime.

A relative of the dead man brought the shooting to the attention of the Marines on May 1, and a preliminary investigation in Iraq found sufficient information to conduct a full-scale criminal investigation.

The Naval Criminal Investigative Service began its probe May 7, leading to the removal of 11 Marines and the Navy corpsman from their unit on May 12. They all were shifted from Kilo Company, 3rd Battalion, 5th Marine Regiment to the battalion headquarters.

The troops were sent to Camp Pendleton in southern California May 24 and put in the brig, initially under maximum-security and now under medium-security confinement, which allows more freedom of movement.

Four of the Marines who initially came under suspicion were released from restrictions, but Marine officials said their cases remain under investigation.

Friends and families of the accused troops have been corresponding via e-mail and organizing a defense, Terry Pennington said.

On Friday, Pennington said he has hired a California lawyer who specializes in military justice to work with a military attorney in defense of his son.

A second Marine from Washington state, Lance Cpl. Jerry E. Shumate Jr. of Matlock, about 15 miles west of Shelton, also has been charged. His family also is hiring a lawyer.

All eight of those charged could face the death penalty if found guilty in courts-martial.

Terry Pennington said he doesn't believe his son could have participated in the crime.

The government alleges that the younger Pennington forced the civilian to the ground, bound his hands and feet and participated in the shooting.

The elder Pennington said his son is very intelligent, and the story of what happened to the Iraqi is so improbable that an intelligent person wouldn't have participated.

"The story is so dumb there is no way he would have anything to do with it," Terry Pennington said. "It's not something a smart person would do."

The next step in the military judicial process will be a preliminary hearing, known as an Article 32 hearing under the Uniform Code of Military Justice, said David Brahms, Pennington's lawyer from Carlsbad, Calif.

On Friday, Brahms said he was given a continuance from a hearing date that had been set for late this month. Pennington's Article 32 hearing could come as late as August, said Brahms, who has more than 40 years of experience trying military cases.

A hearing examiner will make a recommendation to the commanding officer on whether to proceed with a court-martial and what, if any, charges should be pursued.

"It could be the predicate to dismissal of the charges," Brahms said.

The lawyer said he thinks "the facts are rather different than (the government) now believes."

HeraldNet

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