The Court Martial of Sgt Hutchins

On August 2, Sgt Hutchins was convicted of murder and related charges and on August 3rd was sentenced to 15 years in prison at his Court Martial at Camp Pendelton, CA.

The case will now be in the hands of the Court Martial's Convening Authority, General James Mattis.

Under the Uniform Code of Military Justice, General Mattis has the authority to vacate or reduce any finidng made at the Court Marial including the murder conviction and may also vacate or reduce the sentence.

A recommednation for clemency (i.e. a recommendation that General Mattis disapprove any findings of guilt and/or disapprove the sentence) may be made by any person.

Clemency Recommendations will be submitted to General Mattis on behalf of Sgt Hutchins by his counsel LT. Col. Joseph Smith at Lt. Col. Joseph Smith 776 Midway Street La Jolla, California 92037

On October 30, 2007, Sgt. Hutchins' co-defendants wrote a letter to General Mattis in support of him. Please click here to see the letter.

On March 6th, 2008, Congressman Delahunt and his counsel John Kivlan met in Washington with the Covening Authority in Sgt. Hutchins case, General Samuel Helland, to discuss the grounds for Congressman Delahunt's recommendation to General Helland to grant clemency in Sgt. Hutchins' case. Lt. Col Smith, Sgt. Hutchins counsel of record, is also in the process of filing final documentation in support of Sgt. Hutchins' request for clemency.

• Delahunt's letter to Gen. Mattis informing him that he is requesting clemency for Sgt. Hutchins.
• Delahunt's formal letter to Gen. Mattis requesting clemency.
• Delahunt's letter to new Convening Authority General Samuel Helland.
• Letter from General Helland to Congressman Delahunt.
• Clemency Report March 16, 2008

Background

Sgt. Hutchins grew up in Plymouth where his parents and brother currently reside. Sgt. Hutchins’s wife, Reyna, is also of Plymouth, and Sgt. Hutchins and his wife have a two year old daughter. Sgt Hutchins’s father also served in the Marine Corps, and his grandfather was a career Marine, who retired as a Sgt. Major, and currently resides in Quincy, Ma.

Sgt. Hutchins attended Plymouth South High School, where he was a member of the baseball and wrestling teams. Sgt. Hutchins served as a basketball referee, and in the summers he served as a lifeguard. He and his family are highly regarded in the community. Sgt. Hutchins has also had an exemplary record as a Marine.

Congressman Delahunt is committed to ensuring that Sgt. Hutchins receives due process in the Court Martial proceedings, and in the event of a conviction, a fair and just disposition of the charges that is consistent with the disposition of the charges in the cases of the majority of his co-defendants. (For the official dispositions, see documents entitled Results of Trial for the four defendants who had pled guilty, as of December 4, 2006.

As stated in the Results of Trial document, four co-defendants, (Jackson, Shumate, Jodka and Bacos) were also originally charged with premeditated murder, however, the murder charge was withdrawn, and they were allowed to plead guilty only to charges other than murder, and received sentences of 21 months or less, and non-punitive discharges. In the most recent plea, in the case of co-defendant, Lance Corporal Pennington, the murder charge was also withdrawn and he was also allowed to plead guilty only to charges other than murder, but inconsistent with his other co-defendants who pled, received an eight year sentence.

Sgt. Hutchins will receive a minimum mandatory sentence of life imprisonment if convicted of premeditated murder.

Congressman Delahunt requests that anyone who wishes to support Sgt. Hutchins and support Congressman Delahunt’s efforts to ensure that Sgt. Hutchins receives due process, and in the event of a conviction, a fair and just disposition of his case, consistent with the dispositions of co-defendants Jackson, Shumate, Jodka and Bacos, record their support by Email.

Congressman Delahunt has asked his counsel, Atty. John P. Kivlan, to act on his behalf in gathering evidence of support for Sgt. Hutchins, and presenting this evidence to his attorneys, the Court Martial, and the Convening Authority for the Court Martial General James Mattis.

Prior to being elected to Congress, Congressman Delahunt was District Attorney for the Norfolk District (Metro Boston) in Massachusetts for twenty-two years. Mr. Kivlan was District Attorney Delahunt’s First Assistant and a trial prosecutor of homicides and other major cases. Mr. Kivlan completed Marine Corps basic training at Parris Island, and advanced infantry training at Camp Lejeune, N.C. in 1963 and thereafter served as a Lance Corporal in the Marine Corps Reserve.

Mr. Kivlan may be contacted through Congressman Delahunt’s Hyannis, Ma. Office, 146 Main St. Hyannis, Ma. 02601, Tel #508-771-0666, or toll free, 800-870-2626, Fax #: 508-790-1959. Mr. Kivlan may be reached by email by filling out the web form below.

Also see biographical and background information on the Convening Authority, General James Mattis: