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Killing of Iraqi Civilians Index

Killings Database – Year 2006

 

 

The Massacre of Mahmudiya - The Rape and Murder of Abeer Qassim Hamsa

Background

The Accused

Media Reports

Steven Green Case File

Military Tribunals

Photo Credits

 

Newest media report: Soldier’s Remarks in Iraq Slayings Case Revealed (22/10/2008/Associated Press)

Newest legal document: United States’ Post-Hearing Brief on Defendant’s Motion (20/11/2008/U.S. vs. Steven Green)

Newest military report: “Dear Mr. Wolff: …” (26/6/2007/U.S. Department of the Army)

 

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Passport of victim Abeer Qassim Hamsa

Background - Mahmudiya, March 12th, 2006

 

“Fifteen-year-old Abeer Qasim Hamza was afraid, her mother confided in a neighbor. As pretty as she was young, the girl had attracted the unwelcome attention of U.S. soldiers manning a checkpoint that the girl had to pass through almost daily in their village in the south-central city of Mahmudiyah, her mother told the neighbor.

 

“Abeer told her mother again and again in her last days that the soldiers had made advances toward her, a neighbor, Omar Janabi, said this weekend, recounting a conversation he said he had with the girl’s mother, Fakhriyah, on March 10. Fakhriyah feared that the Americans might come for her daughter at night, at their home. She asked her neighbor if Abeer might sleep at his house, with the women there. Janabi said he agreed. Then, ‘I tried to reassure her, remove some of her fear,’ Janabi said. ‘I told her, the Americans would not do such a thing.’

 

“Abeer did not live to take up the offer of shelter. Instead, attackers came to the girl’s house the next day, apparently separating Abeer from her mother, father and young sister. Janabi and others knowledgeable about the incident said they believed that the attackers raped Abeer in another room. Medical officials who handled the bodies also said the girl had been raped, but they did not elaborate. Before leaving, the attackers fatally shot the four family members - two of Abeer’s brothers had been away at school - and attempted to set Abeer’s body on fire, according to Janabi, another neighbor who spoke on condition of anonymity, the mayor of Mahmudiyah and a hospital administrator with knowledge of the case. […]”

 

Excerpt from an article by the Washington Post from July 3rd, 2006.

 

Steven Green - The Accused

“’I came over here because I wanted to kill people.’ - Over a mess-tent dinner of turkey cutlets, the bony-faced 21-year-old private from West Texas looked right at me as he talked about killing Iraqis with casual indifference. […] ‘The truth is, it wasn’t all I thought it was cracked up to be. I mean, I thought killing somebody would be this life-changing experience. And then I did it, and I was like, ‘All right, whatever.’ He shrugged. ‘I shot a guy who wouldn’t stop when we were out at a traffic checkpoint and it was like nothing,’ he went on. ‘Over here, killing people is like squashing an ant. I mean, you kill somebody and it's like ‘All right, let’s go get some pizza.’

“[... T]he private was Steven D. Green. The next time I saw him, in a front-page newspaper photograph five months later, he was standing outside a federal courthouse in North Carolina, where he had pled not guilty to charges of premeditated rape and murder. The brutal killing of a 14-year-old Iraqi girl and her family in Mahmudiyah that he was accused of had taken place just three weeks after we talked. […]”

Excerpt from an Washington Post article, July 30th, 2006.

Steven Dale Green with an AK-47 in a Texas motel

 

The Mahmudiya Photo & Video Archive

 

The Rape & Murder Scene in Mahmudiya - Short BBC Documentary from August 7th, 2006

The Mahmudiya Massacre Images - A Photo Series

 

The Mahmudiya Media Reports Archive

 

The 2008 Media Reports File

The 2007 Media Reports File

The 2006 Media Reports File

 

U.S. vs. Steven Green Case File

 

The 2008 Steven Green Case File

The 2007 Steven Green Case File

The 2006 Steven Green Case File

 

 

Recent Media Reports

 

October 22nd, 2008 - Soldier’s Remarks in Iraq Slayings Case Revealed

1 news article by the Associated Press

 

October 15th, 2008 - Ky. Judge Sets Hearing in Iraqi Slaying Case

1 news article by the Associated Press

 

August 26th, 2008 - Judge Upholds Iraq Charges Against Former Soldier

1 news article by the Associated Press

 

July 29th, 2008 - Rulings Expected Soon in Former Fort Campbell Soldier’s Murder Case

1 news article by the Associated Press

 

The 2008 Media Reports File

The 2007 Media Reports File

The 2006 Media Reports File

 

The Accused

Steven D. Green

Steven V. Spielman

Paul E. Cortez

Bryan L. Howard

 

More Images in the Mahmudiya Massacre Photo Series

 

Charges & Sentences in the Criminal Proceedings at the U.S. District Court for the Western District of Kentucky

Defendant

Pleading

Main Charges

Date of Trial

Steven Green

pleaded not guilty

premeditated murder, conspiracy, sexual abuse

April 27th, 2009

 

Case File: Criminal Proceedings against Steven D. Green

 

U.S. vs. Steven D. Green

U.S. District Court for the Western District of Kentucky

Case No.: 5:06-CR-00019-R (prior to November 3rd, 2006: 3:06 MJ 230)

 

Recent Proceedings & Filings

 

November 20th, 2008 - United States’ Post-Hearing Brief on Defendant’s Motion

 

“[…] Comes the United States, by counsel, to brief the Court following the hearing on defendant Steven Green’s Motion to Suppress Statements. As the evidence at the hearing showed, Green’s statements were voluntary and not in response to interrogation. Accordingly, the defendant’s motion should be denied.

 

“The facts of the case and the principal arguments of the United States are set forth in its Response to Defendant’s Motion to Suppress Statements. Res. to Def. Mot. of Oct. 7, 2008, Doc. No. 154. Considering the arguments in that Response and the evidence offered at the hearing, the United States respectfully submits that the sole issue on the motion before the Court is whether Green’s statements upon arrest and during transport were made in response to ‘interrogation’ under Miranda v. Arizona, 384 U.S. 436, 444 (1966). […]”

 

November 7th, 2008 - Notice of Filing of Official Transcript

 

“Notice of filing of official transcript of Proceedings as to Steven D. Green held on October 29, 2008, before Judge Thomas B. Russell. Court Reporter/Transcriber Terri Turner, Telephone number 270-415-6417. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/28/2008. Redacted Transcript Deadline set for 12/8/2008. Release of Transcript Restriction set for 2/5/2009. […]”

 

November 6th, 2008 - Order

 

“[…] This matter is before the Court on the motion of the United States to accept the late filing of its Response to Defendant’s Motion to Preserve Agents’ Notes. The Court having considered the motion, and being otherwise sufficiently advised, it is ordered that the motion of the United States be and it is hereby granted. […]”

 

November 4th, 2008 - Order

 

“[…] It is ordered.

 

“1. A hearing on the Defendant’s Motion to Suppress Statements was held on October 29, 2008.

 

“2. The parties stated they would not call any additional witnesses.

 

“3. The United States shall file a brief 2 weeks after the filing of the official court transcript. The Defendant shall file a brief 2 weeks thereafter with any reply due in 1 week. Counsel for the United States shall notify the Court by letter, with a copy to opposing counsel, when the matter is ripe for a decision.

 

“4. The suppression hearing set on November 3, 2008 is vacated. […]”

 

The 2008 Steven Green Case File

The 2007 Steven Green Case File

The 2006 Steven Green Case File

 

Charges & Sentences by the Military Tribunal at Fort Campbell

Defendant

Pleading

Main Charges

Sentences

Sentencing Dates

Paul Cortez

pleaded guilty

premeditated murder, conspiracy, rape

100 years confinement

February 22nd, 2007

James Barker

pleaded guilty

premeditated murder, conspiracy, rape

life sentence

November 15th, 2006

Jesse Spielman

pleaded not guilty

premeditated murder, conspiracy, rape

110 years confinement

August 4th, 2007

Bryan Howard

pleaded guilty

premeditated murder, conspiracy, rape

27 months confinement

March 21st, 2007

 

The Military Tribunals, Reports & Documents

June 26th, 2007 - “Dear Mr. Wolff: …”

Letter by the U.S. Department of the Army

 

“[…] Thank you for your May 10, 2007 letter to the Secretary of Defense and Secretary of the Army concerning consideration of a military court-martial for your client, the former Private First Class Steven Green. […]

 

“The proposed option, which would allow your client to voluntarily reenlist in the Army so that his criminal case could be pursued under the Uniform Code of Military Justice, has been carefully considered. However, the 101st Airborne Division (Air AssauIt) does not wish to pursue this course of action. […]”

 

May 10th, 2007 - Re: Former Army PFC Steven Green/SSN [redacted]

Letter by Darren C. Wolff

 

February 15th, 2007 - Re: Steven Green/SSN [redacted]

Letter by Darren C. Wolff

 

“[…] I appreciate you taking the time over the past few months to speak with me regarding former PFC Steven Green’s case. As one of his civilian defense attorneys, I want to reduce to writing what I have verbally discussed with you regarding the possibility of Mr. Green voluntarily re-enlisting in the Army in order to subject himself to the military justice system. At this time, Mr. Green’s civilian defense team would like to formally begin discussions regarding this issue and I encourage you to send this correspondence up the chain of command so action can be taken as necessary to ensure this possibility is thoroughly investigated.

 

“If an agreement is reached, Mr. Green will undoubtedly agree to testify truthfully at any proceedings involving the military co-accused. We can certainly discuss any further details of such an agreement should the Army express an interest in pursuing Mr. Green’s re-enlistment. […]”

 

November 16th, 2006 - 2nd Bde Soldier Sentenced

Press release by the Public Affairs Office, Fort Campbell, Kentucky

 

“[…] Spc. James Barker pleaded guilty Wednesday and was sentenced today on charges arising from incidents occurring at Yousifiyah, Iraq last March during the 101st Airborne Division’s deployment for Operation Iraqi Freedom.

 

“Barker was charged with premeditated murder, rape, conspiracy to commit premeditated murder and rape, conspiracy to obstruct justice, obstruction of justice, violating a lawful general order, arson and housebreaking. He pleaded guilty to all charges and specifications and the military judge subsequently found him guilty of all charges and specifications and sentenced him to life with eligibility for parole and a dishonorable discharge. […]”

 

November 13th, 2006 - 2nd Brigade Soldiers to be arraigned

Press release by the Public Affairs Office, Fort Campbell, Kentucky

 

October 18th, 2006 - Charges against 2nd Brigade Soldiers referred for general court-martial

Press release by the Public Affairs Office, Fort Campbell, Kentucky

 

September 4th, 2006 - Officials: ‘No Evidence’ Ties Dead Soldiers to Mahmudiyah Crimes

1 article by the American Forces Press Service

 

July 10th, 2006 - Four Soldiers Accused of Rape, Murder

1 article by the Coalition Forces Land Component Command

 

July 8th, 2006 - Charge Sheet of Jesse V. Spielman

Report by the U.S. Department of the Army

 

“[…] Specification 1: In that Private First Class Jesse V. Spielman, U.S. Army, did, at or near Yousifiyah, Iraq, between on or about 5 March 2006 and on or about 12 March 2006, conspire with Sergeant Paul Cortez, Specialist James Barker, Private First Class Bryan Howard and Private First Class Steven Green to commit offenses under the Uniform Code of Military Justice, to wit: rape and premeditated murder, and in order to effect the object of the conspiracy the said Private First Class Jesse Spielman, Sergeant Paul Cortez, Specialist James Baker, and Private First Class Steven Green did unlawfulfy enter the home of Kassirn Hamzah Rashid Al Janabi and commit the offenses of rape and murder therein.

 

“Specification 2: In that Private First Class Jesse V. Spielman, U.S. Army, did, at or near Yousifiyah, Iraq, on or about 12 March 2006, conspire with Specialist James Barker, Sergeant Paul Cortez and Private First Class Steven Green to commit an offense under the Uniform Code of Military Justice, to wit: obstruction of justice in the case of the said Private First Class Jesse V. Spielman, Specialist James Barker, Sergeant Paul Cortez, Private First Class Bryan Howard and Private First Class Steven Green with regard to the murders of Kassim Hamzah Rashid Al Janabi, Fakhriah Taha Mahsin Moussa Al Janabi, Abier Kassim Hamzah Rashid Al Janabi, and Hadeel Kassim Hamzah Rashid Al Janabi and the rape of Abier Kassim Hamzah Rashid Al Janabi and in order to effect the object of the conspiracy, the said Specialist James Barker, Sergeant Paul Cortez, Private First Class Jesse V. Spielman and Private First Class Steven Green did cause to be burned the body of Abier Kassim Hamzah Rashid Al Janabi, the said Specialist James Barker, Sergeant Paul Cortez, and Private First Class Steven Green did cause to be burned the clothes they wore during the aforementioned murders and rape, and the said Private First Class Jesse Spielman threw into a canal a firearm used to commit the aforementioned murders. […]”

 

July 8th, 2006 - Charge Sheet of Bryan L. Howard

Report by the U.S. Department of the Army

 

July 8th, 2006 - Charge Sheet of James P. Barker

Report by the U.S. Department of the Army

 

July 8th, 2006 - Charge Sheet of Paul E. Cortez

Report by the U.S. Department of the Army

 

May 16th, 2006 - Certificate of Discharge from Active Duty/Steven Dale Green

Report by the U.S. Department of the Army/Fort Campbell

 

“[…] 23. Type of Separation[:] Discharge

 

“24. Character of Service […][:] Honorable

 

“[…] 28. Narrative Reason for Separation[:] Personality Disorder […]”

 

December 9th, 2005 - Coalition Forces keep Streets of Iraq safe

1 article by the Army News Service

 

War Scenes from Mahmudiya

During U.S. invasion (2003)

U.S. army patrolling streets (2004)

The rape & murder scene (2006)

Photo Credits

Background

1) Passport of Abeer Qassim Hamsa - July 2006 - Mohammed Hato/Associated Press;

2) Steven Green in motel room - undated - Newsweek (August 7th, 2006 edition);

 

The Accused Series

1) Steven Green Mugshot - July 3rd, 2006 - Mecklenburg County Sheriff's Office;

2) Jesse V. Spielman as U.S. soldier - undated - Chambersburg Public Opinion;

3) Paul E. Cortez in highschool - 2000 - 'Centurion’ - Yearbook for Central High School in Barstow, California;

4) Bryan L. Howard - undated - Highschool yearbook;

 

War Scenes from Mahmudiya

1) The city during the U.S. invasion - April 2003 - CJ;

2) U.S. army patrol in Mahmudiya - 2004 - Khalid Mohammed/Associated Press;

3) Hussein Mohammed points to the floor where he found the body of Abeer - July 6th, 2006 - Ali Al-Mahmouri/Associated Press;

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