No Death Penalty for Charged Marine

In this copy of a photograph made available to the Associated Press on Wednesday, July 19, 2006, a hole on the side of a road is seen in Hamdania, Iraq, on May 8, 2006. Naval Criminal Investigative Service agents claim that on April 26 seven Marines and a Navy medic, without provocation, went into the rural Iraqi town of Hamdania and kidnapped and murdered 52-year-old Hashim Ibrahim Awad. They allegedly tied him up, put him in the hole shown in this photograph and shot him. After the killing, the troops allegedly placed an AK-47 in Awad's hands and put a shovel in the hole to make it appear Awad was an insurgent planting explosives, investigators say. Starting Wednesday, Aug. 30, 2006, four months after Awad's death, the Marines charged with his murder are set to start pretrial hearings. It will be the first time the facts have been explored in public. (AP Photo) (AP)

CAMP PENDLETON, Calif. -- The government will not seek the death penalty against a Marine Corps private who is among eight service members charged with murder and other crimes in the shooting of an Iraqi civilian, a military prosecutor said Wednesday.

Lt. Col. John Baker announced the prosecution's position during a hearing for Pfc. John J. Jodka III, 20. A Camp Pendleton spokesman said the prosecutor's statement applied only to Jodka, not the six other Marines and one Navy corpsman also charged in the case.

The hearing for Jodka and a separate one for another Marine, Cpl. Marshall Magincalda, 23, are part of the process to determine whether the defendants should face courts-martial.

The Marines and corpsman are charged in the shooting of Hashim Ibrahim Awad, 52, in the village of Hamdania. Iraqi witnesses told the military that Marines and a sailor kidnapped Awad on April 26, bound his feet, dragged him from his home and shot him to death in a roadside hole.

Jodka is accused of firing on Awad. Magincalda is suspected of binding Awad's feet and kidnapping him.

Jodka, in desert fatigues, watched the proceeding calmly. Asked at one point whether he wanted to make a statement, he said firmly, "No, sir."

Lawyers for Jodka argued vehemently that "inflammatory" statements made by the private and other Marines should be kept secret before trial.

Retired Col. Jane Siegel, who represents Jodka, said disclosing the 16 statements about the incident during a highly publicized hearing would hurt jury selection for Jodka's expected court martial.

"To openly discuss contents will completely pollute the local and national jury pool," Siegel said. "Some of it is very inflammatory."

A separate proceeding on Wednesday for Magincalda lasted only 30 minutes.

Investigating officer Col. Robert S. Chester, who is hearing the case, said the defense had asked for the hearing to be closed to the public, fearing publicity might hurt Magincalda's ability to receive a fair trial.

Chester opposed the request, saying the public has a "very compelling right to hear these proceedings."