Hard Copy Proof of Manipulations in Hutchins Case
Retired Major Herbert W. “Bill” Donahue, Jr., head of an organization called United American Patriots, had at least one private, off-the-record conversation with Helland regarding the general’s then-pending decision on Hutchins’ case. In this behind-the-scenes and highly unethical conversation about the case, Donahue advised Helland that he “already had” three potential attorneys lined up for an appeal. Their names–Culp, McDermott, and Applegate–were given to the general at least two weeks prior to Helland making a decision as to how much, if any, prison time Sgt Hutchins would serve. Helland, armed with the knowledge that there was an appeal waiting to begin, simply reduced Hutchins’ sentence by a few years and washed his hands of the affair.
However, this is not where the machinations end.
Major Donahue then retained attorney Kevin McDermott for the “appeal” of Hutchins’ case. The retired officer claimed that he would, through monies he says his organization can raise, fund Hutchins’ appeal. However, there were a few caveats.
“[I]f I…do not get copies of each and every email anyone sends out on Larry’s case, I have no option other than to tell my Board that we should drop Larry’s case,” wrote the major in an email to McDermott, members of Hutchins’ family and a few supporters on June 9.
In addition, Donahue listed a “crowd” of people that he demanded cease all work on the case–including contact with Hutchins. Who are the people that Donahue claimed will “seriously jeopardize Larry’s chances at appeal,” and what have they been doing? While their names aren’t important, what they have done over the last two years is. These “dangerous” people, according to Major Donahue, include:
- A retired Marine captain named Don Greenlaw, who located and furnished an apartment for Larry’s wife and child, (including co-signing the first six months of the lease), found and purchased a vehicle for her (he was reimbursed for that purchase by other members of the “crowd”), and ensured that Sgt Hutchins had visitors every week. He also served as an on-base advocate for all the men of the Pendleton 8, going to bat for them with brig leadership over issues such as making sure they received necessary health care, medication, and were able to call their families. He even arranged for accommodations for Hutchins’ family when they flew to California to visit their son. In addition, Greenlaw ensures that Sgt Hutchins is kept up to date on all matters relating to his case, including the work that I and many others are doing to help.
- A man named Skip Franklin, who has visited Sgt Hutchins faithfully every single week for a very long time, helping to keep his spirits up and offering friendship.
- A fellow Marine named Tim Harrington who, on his own time and to his own personal and financial detriment, has put aside much of his business to investigate both the Haditha and Pendleton 8 cases. He has taken Hutchins’ cause all the way to Congress, and has become a literal encyclopedia on both cases–and the Hutchins case specifically. In his possession are thousands of pages of plain, exculpatory evidence never allowed at trial.
- A military blogger who raised over $17,000 by herself for all eight of the men’s families–money that went to things like diapers, groceries, and phone bills while they struggled to pay for lawyers who milked them dry. She, together with others, has worked on the Pendleton 8 case since the beginning–and worked similar cases for almost 4 years. Her work has been published in numerous online and print media, and she was instrumental in helping to vindicate another Marine charged with two counts of murder in 2005.
I know the men listed above–good, honorable men who have given their all to help Sgt Hutchins and his squad, and as you’ve probably figured out, the last person Donahue listed is me. The four of us, according to Major Donahue, “can only hurt” the appeal.
Kevin McDermott, the attorney Donahue chose out of the three names he provided to Lt. Gen. Helland, agreed with Donahue, sending a very pointed email to Major Donahue on June 9 as well about the Marine captain who has done so much for Hutchins’ family.
“I agree with you 100%,” writes McDermott. “I am not sure who Greenlaw is but if he isn’t picking up 100% of my legal tab, please have some one [sic] tell him to shut the hell up and keep his nose out of the picture. If the family and Sgt. Hutchins don’t throw a blanket over this guy, I am not interested in carrying this appeal through. I will not be a ringleader at a circus. Make sure Greenlaw under stands [sic] that.”
For the first time in nearly two years, and due to the demands of Major Donahue and Kevin McDermott, Hutchins will have no visitors this weekend–his last at Camp Pendleton before being moved to Fort Leavenworth, KS soon after. As Captain Greenlaw so gracefully stated to Kevin McDermott, albeit under heavy protest, “Per your request and Major Donahue’s request, it is all your show, as of now.”
McDermott has more to say in another email, and writes that “one of the main reasons [SSGT Frank] Wuderich [sic] hasn’t been extricated from the Hadithah [sic] mess” is that “he had a pair of clowns who let him talk to 60 Minutes.” The two “clowns” that McDermott refers to are Neal A. Puckett and Mark A. Zaid, the very capable attorneys for SSGT Wuterich who have Rep. John Murtha on the run after filing a lawsuit against him for his remarks made against the Haditha Marines in the early days of the case. McDermott does not mention whether the other Haditha attorneys, who have to date seen charges dismissed almost all of the Marines involved, are also “clowns.” He also fails to say whether the Thomas More Law Center, which has been the first defense team to get undue command influence ruled on by a judge, are made up of a crowd of “clowns.”
Meanwhile, Major Donahue issued one last edict in his new position as self-appointed king of defense.
“If Larry is going to NOT listen and follow his attorney’s advice,” he writes in the June 9 email, “then my organization and I will have no recourse other than to cease the financial aid.”
The major goes on to tell all and sundry that Kevin McDermott and this appeal is “Larry’s last hope for vindication.” However, what Donahue fails to mention in his email to the family and others is the downside of the appeal process. Of course, those of us in the “crowd” that are so “dangerous” to Hutchins and his appeal process have no problem with speaking the truth, so I will show you the dirty little secret no one wants to talk about.
The following is from a transcript, available online, of a background briefing by a senior military attorney. In it, he explains the military “justice” system, and spends a moment on the appellate process.
Appellate courts generally look at law issues in the civilian world. They look, was the law upheld, was the law right. Our service courts have a broader capacity. They can — oh, yes, they have to look at the — was the law done, was case precedent followed and law followed, et cetera. But they can also say — they look at a case from the standpoint of beyond a reasonable doubt. They have to be convinced that the accused was guilty beyond a reasonable doubt.
Sounds like a good deal, correct? From what has been published on this site and many others, anyone who’s paid attention to this case over the last two years knows there would have been far more than “reasonable doubt” had all the evidence been allowed in. No problem, though, because in an appeal they can bring in all the new evidence and Hutchins goes free, right? Wrong.
[Question:] They can reconsider evidence?
SR. MILITARY LAWYER: They can take the record of trial and say, you know, “Based upon this, no,” and find him not guilty.
[Question:] But you can’t add new evidence on.
SR. MILITARY LAWYER: Generally, no. No. They don’t add evidence. But they can look at the regular trial and say — and that’s their authority.
What this attorney is saying is that the appellate court will look at the original trial, at the evidence presented in the first court-martial, and make their decision based on that information only–and this is only one of several sources that explain exactly the same thing.
That also means that there will again be no mention of the fact that the original judge denied the prosecution’s motion to bring in the autopsy because they could not prove who the Marines had even killed. (If you’d like to see the autopsy report the judge hid from the trial and the motion the prosecution lost, I have it here. You’ll notice the acronym “BTB” all over it; that stands for “believed to be,” as in “we think so but we don’t know.”)
There will be no mention of the combat logs for the unit (I have those here.) There will be no mention of the “Ronin Diaries,” the detailed journal kept by Lt. Nathan Phan about the unit’s activities (yes, I have those too). There will be no mention of other “lost” evidence and the memos sent back and forth while the government tried to figure out who had it, or even how botched, falsified, and corrupt the NCIS investigation was. By the way, I have that here as well in RAR format.
None of this will see the light of day in the appeal that Donahue calls Hutchins’ “last hope.” None of the thousands more pages of exculpatory evidence that we have will make it in either. This is why those of us who McDermott and Donahue have barred Hutchins from speaking with have worked so hard the last two years. An appeal is not a chance for new evidence, or for evidence conveniently “left out” in the first trial. As an attorney well-versed in military cases (and as the one who is also handling the Jose Nazario case), Kevin McDermott knows that better than anyone. So why does an attorney take an appeal case when he knows he can’t introduce new evidence, and the first trial was rigged? I’ll let readers figure that one out on their own–you’re all smart people.
So let’s recap. Major Donahue had an under-the-table conversation with the convening authority, Lt Gen Helland, about a case Helland was about to make a final decision on. Donahue tells Helland that he has three attorneys ready to go on the appeal. Helland slices a few years off the sentence to make it look good, and walks away. Donahue chooses McDermott as the attorney, and the two of them move in. Immediately, Donahue sets himself up as “control officer” of the appeal, demanding that all correspondence go through him and that those of us who make up the support system Hutchins has had for the last two years simply go away. McDermott agrees and predicates his involvement on Hutchins’ willingness to ‘play ball,’ even though both Donahue and McDermott know that the appeal will only include evidence already presented, and none of the thousands of pages of exculpatory evidence that we hold.
Something stinks here, and it’s not the “crowd” or the “clowns.” It remains to be seen how Major Donahue or General Helland will explain a conversation about the case when Helland had no business discussing it with Donahue, or how McDermott and Donahue will explain their quick move to control all aspects of Hutchins’ life, including barring those of us who have done the most work on his case, or who have become a much-needed support system for him, from even talking to him. Perhaps most interesting will be whether the powers-that-be will actually open an investigation into what I’ve just explained. I’ve got the documentation to back up what I say. Does the government have the integrity to look into it?
