Star Witness ‘Lied,’ Says Lawyer for Marine Accused of Killing His Wife

Marine Sgt. Joseph L. Thomas, accused of bludgeoning his wife to death in December, should not be court-martialed because the government’s star witness gave a statement to military police that was contradicted by his subsequent testimony at a preliminary hearing, Thomas’ attorney said Friday.

The defense rested Friday in the preliminary military hearing, known as an Article 32 proceeding, which is being conducted at El Toro Marine Corps Air Station to determine if Thomas should be court-martialed.

Thomas is charged with beating his 24-year-old wife to death with a tire iron, strapping her body in their Suzuki Samurai and pushing it off a cliff along Ortega Highway just outside the Orange County line. She was four months pregnant.

Maj. John Walsh, who is presiding as the investigative officer, will begin his review of the case Tuesday and recommend a course of action to Thomas’ commanding officer, Maj. Gen. Donald E.P. Miller, who will then decide if Thomas should be court-martialed. A court-martial conviction could carry a death penalty sentence.

Thomas’ attorney, Edward W. Hall of Santa Ana, called two witnesses to the stand Friday to testify about Melinda Jean Thomas’ role as a “cooperative witness” in drug investigations for the Naval Investigative Service.

It was Navy investigators’ continued inquiry into Melinda Thomas’ death--after it had been declared a suicide by Riverside County coroner’s officials--that led to the arrest of her husband.

Eric W. Johnson, special agent with the Naval Investigative Service, testified Friday that the defendant asked to meet with him in September, 1987, because he had information about some Marines who used cocaine.

“Based on his information, he thought he might be able to do something for us, but . . . because of his known dislike of drugs, he said his wife would be better,” Johnson testified. Testimony by Johnson and other NIS agents has characterized Melinda Thomas as a cocaine user. She agreed to help the NIS and signed the necessary papers, Johnson said.

NIS Special Agent Lisa Lassman testified that she was to pose as Melinda Thomas’ friend and witness her purchase of cocaine from Marines or their wives. Melinda Thomas was given $100 by the NIS, but two attempts to buy drugs failed because the suspected dealers weren’t home, Lassman testified.

Johnson testified that at the end of October Melinda Thomas was terminated as a cooperative witness because the attempts to purchase drugs had failed, she was pregnant, and the Thomases were scheduled to be transferred overseas in January.

Johnson also testified, under questioning by Hall, that Thomas had named a “Lee Nelson’s wife” as one of the potential drug users.

Hall argued in closing statements that Thomas might have been referring to Lance Cpl. Mitchael Nelson, the government’s star witness in the case, who was given immunity so he could testify against his former friend, Thomas.

Immunity Called Error

Hall said the NIS erred when it granted Nelson immunity because Nelson may have been responsible for Melinda Thomas’ death.

“The key witness lied in January, lied in April and lied under oath in these proceedings,” Hall told the court. He was referring to Nelson’s interview by the NIS in January, when he never mentioned the murder, and another interview on April 5, when he was given immunity and told the NIS that he helped transport Melinda Thomas’ body from the couple’s apartment on the Tustin Marine Corps Air Station to the ravine on Ortega Highway.

However, Nelson’s testimony at the preliminary hearing differs from the statement he gave the NIS. Nelson told NIS investigators that he overheard a struggle in the Thomases’ bedroom while he sat in the dining room. He said Thomas emerged from the bedroom after killing his wife and asked his assistance in disposing of her body. Nelson said he did so.

Nelson testified at the hearing that he heard Melinda Thomas yell “Please don’t hit me!” from the bedroom. He then went to the bedroom to see Thomas straddling his wife on the bed, beating her with a tire iron.

He also testified that he attempted to stop Thomas, but “it wasn’t a good attempt,” he told the court.

“People have tried to kill a fly with exertion of more force than what he (testified) he used to try to stop Sgt. Thomas,” Hall told the court Friday.

If Melinda Thomas died by criminal means, Hall said, the evidence shows that Nelson is responsible for her death.

But the government prosecutor, Capt. Bradley N. Garber, told the court in his closing statements that, based on the evidence of witnesses, Thomas should face a court-martial for the premeditated murder of his wife.

Garber referred to Nelson’s testimony and that of Sgt. Jimmie L. Young, who worked with Thomas at the El Toro base for nearly two years. Young testified last month that Thomas told him he was having problems with his wife and then talked about “killing someone” and asked, “If I was going to kill someone, how much would I charge?” The conversation took place the day before Melinda Thomas’ body was found, Young testified.

But Hall maintained that the conversation between the two men was not serious.

If a court-martial is recommended, Hall told the hearing officer, then it should be on a charge of voluntary manslaughter rather than premeditated, first-degree murder.

Hall also asked the court to consider releasing Thomas from the Camp Pendleton brig, where he is being held. Since the death of his wife, Thomas has remarried. Hall sought a “less onerous” confinement for Thomas because his wife may be pregnant.

Thomas joined the Marines in 1983. He was working as a telephone and radio wiring specialist with Support Group 37 of the 3rd Marine Aircraft Wing at the time of his arrest.