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The
War Profiteers - War Crimes, Kidnappings & Torture |
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The Massacre of Mahmudiya - The Rape and Murder of
Abeer Qassim Hamsa |
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Newest media report: Prosecutors: Law Used in Ex-Soldier’s
Trial Valid (25/2/2010/Associated
Press) Newest legal document: Brief for the United States (25/2/2010/U.S. vs. Steven Green) Newest military report: “Dear Mr. Ottmann: …”
(7/12/2009/U.S. Army Installation Management Command, Fort Campbell) |
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Abeer Qassim Hamsa
at the age of seven |
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. |
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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 |
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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 U.S. vs. Steven Green Case File The
Steven Green Appeals Process File The 2009
Steven Green Case File The 2008
Steven Green Case File The 2007
Steven Green Case File The 2006
Steven Green Case File Divers False Phishing Alerts from
Microsoft Internet Explorer |
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February 25th, 2010 - Prosecutors: Law Used in
Ex-Soldier’s Trial Valid 1 news
article from the Associated Press November 30th, 2009 - Lawyers: Ex-Soldier should
have had Military Trial 1 news
article from the Associated Press October 2nd, 2009 - Ex-Soldier in Iraq Slaying
Sent to Indiana Prison 1 news
article from the Associated Press September 8th, 2009 - Ex-Army Soldier Files Notice
of Appeal 1 news
article from the Associated Press |
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Steven D. Green |
Steven V. Spielman |
Paul E. Cortez |
James Barker |
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More
Images in the Mahmudiya Massacre Photo
Series |
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Charges & Sentences in the Criminal
Proceedings at the U.S. District Court for the Western District of Kentucky |
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Defendant |
Pleading |
Main Charges |
Sentence & Sentencing Date |
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Steven Green |
pleaded not guilty |
premeditated murder, conspiracy, sexual
abuse |
Life in prison w/o parole - Sept. 4th,
2009 |
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U.S. vs. Steven
Green: Criminal Proceedings & Appeals Process U.S. vs. Steven D. Green U.S. Court of Appeals for the Sixth Circuit Case No.: 09-6123 (09-6108) 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) Key
Documents September
4th, 2009 - Judgment May 1st,
2009 - Transcript of
Testimony of Paul Cortez April
30th, 2009 - Transcript
of Testimony of Jesse Spielman November 7th, 2006 - Indictment June 30th, 2006 - Criminal Complaint Recent
Proceedings & Filings February 25th, 2010 - Brief for the United States “[…] In this appeal, Green does not dispute that he
devised a plot to murder an innocent family of Iraqi civilians or that he
carried out his senseless murderous plot in cold blood. Nor does he raise a
single assignment of error regarding the fairness of the ensuing criminal
trial that sought to hold him criminally accountable for those acts. Instead,
Green launches an array of legal challenges to the very legitimacy of the federal
government’s effort to hold him accountable, assailing the constitutional
validity of the MEJA statute itself - a law that Green does not seem to
appreciate was specifically enacted to prevent the absurdity of allowing
people like him to escape any prosecution solely because they happened to
have been discharged from the service before their criminal conduct was
uncovered - as well as the prosecution’s exercise of its discretion to charge
him under that law. “Green’s arguments do not withstand scrutiny, and
they provide no basis for disturbing his convictions or his resulting life
sentences. Indeed, as we will demonstrate, Green’s arguments evince a
deep-seated and fundamentally flawed view of the source, nature and breadth
of the prosecutorial discretion constitutionally entrusted to the Executive Branch.
[…]” November 30th,
2009 - Brief for Appellant “[…] Argument I - MEJA is unconstitutional because
it violates the separation of powers and the non-delegation doctrine.
Congress as the Legislative Branch of government has improperly delegated its
constitutional powers to the Executive Branch by allowing the Executive to
have the unfettered discretion to decide whether person, who commits a crime
while a member of the Armed Forces, is to be tried by the military under the
UCMJ or in district court under MEJA. Moreover, the disparate treatment of
Green and the more severe punishments he faced as compared to his military
co-accused violated Green’s rights to equal protection and due process. “Argument II - Green was improperly subjected to
prosecution in district court under MEJA because his discharge from the Army
was invalid. The ‘clearing process’ that is an essential component of a
soldier’s separation from the miliary failed to comply with Army Regulations
thereby rendering Green’s discharge invalid and subjecting him to prosecution
under the UCMJ rather than MEJA. […]” September 18th,
2009 - Notice of Appeal “[…] This appeal has been docketed as case number
09-6123 with the caption that is enclosed on a separate page. “Even if the defendant filed the notice of appeal,
Sixth Circuit Rule 101(a) requires that counsel continue representation on
appeal until specifically relieved by this Court. […] “[…] At this stage of the appeal, the following forms
should be downloaded from the web site and filed with the Clerk's office by
October 2, 2009. […]” September 16th,
2009 - Amended Notice of
Appeal “[…] Notice is hereby given that Steven Dale Green,
the defendant in the above referenced matter, hereby appeals to the United
States Court of Appeals for the Sixth Circuit from the order denying the
defendant’s Motion to Dismiss […] and the order denying defendant’s Motion to
Dismiss for Lack of Jurisdiction […]. “This notice supercedes the notice of appeal filed
September 8, 2009 […]. The
Steven Green Appeals Process File The 2009
Steven Green Case File The 2008
Steven Green Case File The 2007
Steven Green Case File The 2006
Steven Green Case File |
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Steven Green on Trial |
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Before a court hearing |
During the trial phase |
Before the sentencing |
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Charges & Sentences by the Military Tribunal at
Fort Campbell |
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Defendant |
Pleading |
Main Charges |
Sentences |
Sentencing Dates |
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Paul Cortez |
pleaded guilty |
premeditated murder, conspiracy, rape |
100 years confinement |
February 22nd, 2007 |
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James Barker |
pleaded guilty |
premeditated murder, conspiracy, rape |
life sentence |
November 15th, 2006 |
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Jesse Spielman |
pleaded not guilty |
premeditated murder, conspiracy, rape |
110 years confinement |
August 4th, 2007 |
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Bryan Howard |
pleaded guilty |
premeditated murder, conspiracy, rape |
27 months confinement |
March 21st, 2007 |
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The Military Tribunals, Reports &
Documents |
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December 7th,
2009 - 1st
Reply to FOIA Request Letter by the U.S. Army Installation Management
Command, Fort Campbell “[…] The purpose of my letter is to notify you that
this headquarters has completed processing part of your Freedom of
Information Act request. “This headquarters is not the records custodian for
your request court martial records. Your request has been referred to the
following agency for their review and release determination. “Office of the Clerk of Court, US Army Judiciary,
Attention: JALS-CCO, 901 North Stuart Street, Suite 1200 Arlington, Virginia
22203-1837 […]” December 6th,
2009 - FOIA Request to Fort
Campbell, Kentucky Letter by Martin Ottmann “[…] This is a request under the Freedom of
Information Act for the following records: “Records of the Court Martials held at Fort Campbell
in 2006 and 2007 against Paul Cortez, James Barker, Bryan Howard & Jesse
Spielman, former 2nd Brigade Combat Team Soldiers of the 101st Airborne
Division (Air Assault). “Background information: In the years 2006 and 2007,
four individual court martials were held at Fort Campbell against the
above-mentioned individuals in connection with the rape and murder of Iraqi
national Abeer Qassim Hamza on March 12, 2006 in the Iraqi city of
Mahmoudiyah. On October 18, 2006 the Public Affairs Office at Fort Campbell
announced in this matter the referral of charges for general court martial.
On November 15, 2006, James Barker was sentenced to life confinement. On
February 22, 2007, Paul Cortez was sentenced to 100 years confinement. On
March 21, 2007, Bryan Howard was sentenced to 27 months confinement. On
August 4, 2007, Jesse Spielman was sentenced to 110 years confinement. “The rape and killing of Abeer Qassim Hamza and her
family and the subsequent trial of former 2nd Brigade Combat Team soldier
Steven Green in a civilian court in Paducah, Kentucky created a massive
global public interest and consequently numerous press articles and
television documentaries. It even became the subject of a movie, ‘Redacted’
by Brian De Palma, which retold the circumstances of the killings. […]” 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 |
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War Scenes from Mahmudiya |
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During U.S. invasion (2003) |
U.S. army patrolling streets (2004) |
The rape & murder scene (2006) |
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Background 1) This undated
photo released by the U.S. District Court and introduced by the prosecution
as an exhibit in the trial of former Army Pfc. Steven Green in Paducah, Ky.,
shows Abeer Qassim al-Janabi as a young girl in Iraq. Green, convicted of
raping and killing al-Janabi and murdering her family was sentenced to life
in prison Thursday, May 21, 2009 in a case that drew attention to the
emotional and psychological strains on soldiers serving in Iraq and
Afghanistan. - probably 1999 - U.S. District Court/Louisville
Courier-Journal; 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) James Barker - undated - Steven Green legal defense team; Steven Green on Trial 1) Former 101st
Airborne Division Pfc. Steven Dale Green is escorted to court during his
trial for the rape and killing of an Iraqi girl. - April 2009 - Mark
Humphrey/Associated Press; 2) Steven Green on
the way to court - April 2009 - Mark Humphrey/Associated Press; 3) Former 101st Airborne Division Pfc. Steven Dale Green,
24, of Midland, Texas, is taken in the back of the court building in Paducah,
Ky. by US marshals for formal sentencing to life in prison for the rape and
murder of an Iraqi teenager and the shooting deaths of three of her family
members. - September 4th, 2009 - Daniel R. Patmore/Associated
Press; 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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Back to the Second
Gulf War/Iraq Invasion II |
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