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Clemency Denied For Plymouth Marine In Jail

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Clemency Denied For Plymouth Marine In Jail

PLYMOUTH (WBZ) ― It came as a complete surprise to Larry Hutchins. The clemency review panel had already recommended his Marine Private son with the same name should be released from prison. Now, the Secretary of the U.S. Navy has denied Hutchins clemency.

WHAT HAPPENED

Pvt. Hutchins, who's from Plymouth, was charged in the murder of an Iraqi citizen in the village of Hamdania back in 2006. He was sentenced to 11 years behind bars.

Seven Marines and one sailor allegedly kidnapped and shot an Iraqi civilian in the village of Hamdania back in 2006. Sgt. (since demoted to Pvt.) Lawrence Hutchins was 22-years old at the time and squad leader with the 3rd Battalion, Fifth Marine Regiment.

A legal document detailing the charges says the troops were in a hideout watching an intersection for insurgents, and that none showed up.

It says the eight men kidnapped Hashim Ibrahim Awad, tying him up, taking him away from his home, and putting him in a hole, where five of them shot him to death.

They were charged with premeditated murder, kidnapping, and conspiracy. The document says they left an assault rifle and shovel to give the impression that Awad had been planting bombs.

"He feels bad and remorseful, but when you're kind of told that something has to be done and you're the squad leader and you've got to get it done, you go to do it," says Larry's father.

He says a killing in the war zone can not be compared to a murder back home in the U.S.

"When you're in a war and you're trying to protect your guys and you're trying to bring them back safe and alive with you, you do what you do to try to stop the people doing the killing, so it's completely different."

THE CHARGES

The seven members of the squad Hutchins led were charged in the incident. Some were found not guilty. Others pleaded to lesser charges. Hutchins is the only one still behind bars. He does have another chance to plead for early release at a parole hearing in January.

HUTCHINS SEEKS CLEMENCY

A 5-member clemency review panel sat through a hearing and recommended that Hutchins be released. However, in an unusual move, the Assistant Secretary of the U.S. Navy, under the George W. Bush administration decided clemency should be denied despite the recommendation. At the urging of Congressman Bill Delahunt and other politicians, the current Navy Secretary Ray Mavus reviewed the case again, and denied clemency last Wednesday, Nov. 18.

WHAT HAPPENED TO THE OTHERS

Three other Marines and a Navy man convicted of aiding in the kidnapping and murder have been ordered removed from the military, the Navy said Wednesday. Until now, they had been allowed to stay on active duty after serving short jail terms. "To allow these individuals to remain on active duty after planning and participating in kidnapping and murder sends absolutely the wrong message as to how the nation and Department of the Navy view this incident," Mabus said in a statement.

"It degrades the actions of thousands of Marines and sailors who, under the stress of combat in Iraq, performed honorably," he said.

CONGRESSMAN SUPPORTS HUTCHINS

Congressman Bill Delahunt says he will be there helping to fight for Hutchins' freedom. "We put these young men in a situation that can only be described as Hell on Earth," says Delahunt.

"There's no comparison between what we understand in our criminal statutes over here, and what happens on the battle field."

Delahunt called the situation "heartbreaking."

"This is egregious in the sense that this young man is suffering consequences that far exceed what he deserves. These young men were in a situation that was hellish. They had seen civilians killed, and Hutchins was deeply affected. It was a surreal situation. This was not a premeditated murder. At best it was a manslaughter," he said.

(© MMX, CBS Broadcasting Inc. All Rights Reserved.)

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