Sailor to Testify in Iraqi Murder Case

SAN DIEGO - Military prosecutors scored a break in the case against seven Marines accused of murdering an Iraqi civilian when a Navy corpsman agreed to testify about what his patrol mates did that night in the town of Hamdania.

Petty Officer 3rd Class Melson J. Bacos was set to take the stand at his court-martial Friday and give his account of the alleged kidnapping and murder of 52-year-old Hashim Ibrahim Awad.

His testimony would mark a sudden change in the case, but not necessarily a surprise - observers expected prosecutors to solidify their case through plea bargaining. Bacos' plea deal could compel the others to negotiate their way out of the case, experts in military law said.

Under the deal, prosecutors will drop murder and kidnapping charges against Bacos, 21, who in turn will testify and plead guilty to two additional charges, said his attorney, Jeremiah Sullivan III. He declined to elaborate.

Bacos was a medic who was patrolling with seven Marines last April when they allegedly abducted and killed Awad. All eight were charged with crimes including murder and kidnapping, and have been held at Camp Pendleton, the sprawling Marine base north of San Diego.

The accused Marines are at various stages in the military justice process. Bacos is the first to have a general court-martial.

According to charging documents, the troops entered Hamdania searching for an insurgent and, failing to find him, grabbed Awad from his home and shot him.

An AK-47 and a shovel, allegedly stolen from a home, were left by Awad's body, apparently to make it look like the man had been digging a hole for a roadside bomb and was killed in an exchange of gunfire.

Bacos was accused of firing the AK-47 into the air as part of the cover-up. Military prosecutors charged him under the theory that he did nothing to stop the alleged crime.

Bacos was recently transferred from the Camp Pendleton brig to Marine Corps Air Station Miramar for his own safety, Sullivan said.

Laurie Levenson, a law school professor at Loyola University, said the plea deal could indicate the prosecution's case lacks physical evidence.

Former Army prosecutor Tom Umberg suggested that others might follow Bacos' lead and strike similar plea deals.

"You don't want to be the last guy standing. The first guy gets the best deal," he said.

Marine spokesman Lt. Col. Sean Gibson said Wednesday it wouldn't be appropriate to comment on any potential negotiations between the accused and the prosecution.

David Brahms, a defense attorney for one of the accused Marines, said Bacos will be subjected to intense cross-examination should he be called as a government witness against his client.

"This is just one guy who is going to tell the story as he sees it," Brahms said.

Sailor to Testify in Iraqi Murder Case

SAN DIEGO - Military prosecutors scored a break in the case against seven Marines accused of murdering an Iraqi civilian when a Navy corpsman agreed to testify about what his patrol mates did that night in the town of Hamdania.

Petty Officer 3rd Class Melson J. Bacos was set to take the stand at his court-martial Friday and give his account of the alleged kidnapping and murder of 52-year-old Hashim Ibrahim Awad.

His testimony would mark a sudden change in the case, but not necessarily a surprise - observers expected prosecutors to solidify their case through plea bargaining. Bacos' plea deal could compel the others to negotiate their way out of the case, experts in military law said.

Under the deal, prosecutors will drop murder and kidnapping charges against Bacos, 21, who in turn will testify and plead guilty to two additional charges, said his attorney, Jeremiah Sullivan III. He declined to elaborate.

Bacos was a medic who was patrolling with seven Marines last April when they allegedly abducted and killed Awad. All eight were charged with crimes including murder and kidnapping, and have been held at Camp Pendleton, the sprawling Marine base north of San Diego.

The accused Marines are at various stages in the military justice process. Bacos is the first to have a general court-martial.

According to charging documents, the troops entered Hamdania searching for an insurgent and, failing to find him, grabbed Awad from his home and shot him.

An AK-47 and a shovel, allegedly stolen from a home, were left by Awad's body, apparently to make it look like the man had been digging a hole for a roadside bomb and was killed in an exchange of gunfire.

Bacos was accused of firing the AK-47 into the air as part of the cover-up. Military prosecutors charged him under the theory that he did nothing to stop the alleged crime.

Bacos was recently transferred from the Camp Pendleton brig to Marine Corps Air Station Miramar for his own safety, Sullivan said.

Laurie Levenson, a law school professor at Loyola University, said the plea deal could indicate the prosecution's case lacks physical evidence.

Former Army prosecutor Tom Umberg suggested that others might follow Bacos' lead and strike similar plea deals.

"You don't want to be the last guy standing. The first guy gets the best deal," he said.

Marine spokesman Lt. Col. Sean Gibson said Wednesday it wouldn't be appropriate to comment on any potential negotiations between the accused and the prosecution.

David Brahms, a defense attorney for one of the accused Marines, said Bacos will be subjected to intense cross-examination should he be called as a government witness against his client.

"This is just one guy who is going to tell the story as he sees it," Brahms said.