The War Profiteers - War Crimes, Kidnappings & Torture

 

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Killing of Iraqi Civilians Index

The Mahmudiya Massacre

 

 

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

 

United States of America vs. Steven Dale Green - Trial Testimonies

 

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)

 

May 20th, 2009 - Transcript of Governments Closing Argument

May 13th, 2009 - Transcript of Testimony of Gary Solis

May 1st, 2009 - Transcript of Testimony of Paul Cortez

April 30th, 2009 - Transcript of Testimony of Jesse Spielman

April 27th, 2009 - Transcript of Testimony of Mohammed Al-Janabi

April 27th, 2009 - Transcript of Testimony of Ahmed Al-Azawy

April 27th, 2009 - Transcript of Testimony of Mahdi al-Janabi

 

 

May 20th, 2009 - Transcript of Governments Closing Argument

 

[] And that brings us to Abeer, Abeer Al-Janabi. Here, of course, she is as a little girl. I mean, what a beautiful picture. Probably taken on a 50-cent camera. What a beautiful likeness of a little girl. And, of course, here a little older, her arm around Hadeel, next to her little brothers.

 

And we know she had a beautiful name, too, the fragrance of flowers. We know that Abeer was a sick girl as she suffered from asthma. We know that she was slim, but that she was beautiful and that she liked to wear beautiful clothes and that she was proud to be young. You heard Aminahi say that. What a beautiful thing to say about someone, that they were proud to be young.

 

And she helped her mom. She helped with the kids. She helped cook. She helped clean. But we also know that she had dreams, dreams like all of us. She had dreams of escaping her circumstances, of getting out of that small town, moving to the big city, meeting a man, and living in the city lights. And because of Mr. Green, she never got to chase that dream.

 

Indeed, after she had been twice raped, he took his turn between her slender legs. And when he was done raping her, we know what happened. He shot her in the face with an AK-47. []

 

May 13th, 2009 - Transcript of Testimony of Gary Solis

 

[] Q. All right. So you're familiar with other cases - and I don't want to know the specifics of those cases, but youre familiar with other cases where soldiers have not been in that combat situation but have engaged in illegal activity?

 

A. Yes, sir.

 

Q. Okay. And Ms. Ford also asked you about illegal orders, and you said that, of course, soldiers are obligated not to follow illegal orders. You remember saying that?

 

A. Yes, sir.

 

Q. You were pretty adamant about that. Remember that?

 

A. (Witness moves head up and down.)

 

Q. The direct examination, though, we went over the stressors that are placed on our young men and women and how that can impair their judgment. Can you talk to the jury about how those two coincide, interact, and end up coming in conflict with each other?

 

A. Thats the problem in combat. That's how combat stresses training. In a combat situation and the more prolonged the combat, the more pronounced the issue. It degrades ones judgment. It makes soldiers less perceptive, less careful, less discerning. It allows

them to do things which back in the states in the barracks they wouldnt do.

 

Thats why training and leadership are so important, because its in combat where those otherwise prohibited acts become less clear to junior individuals. Its the duty, its the responsibility of officers and non-coms, non-commissioned officers, to see that bad things dont happen when the stressors of combat are applied. And thats why training and leadership is so important in combat. []

 

May 1st, 2009 - Transcript of Testimony of Paul Cortez

 

[] Q. And did Barker do or look from your - what you saw, was he doing the same thing that you did?

 

A. Trying.

 

Q. All right. He get between her legs?

 

A. Yes, sir.

 

Q. All right. Did you see him thrusting?

 

A. No, sir.

 

Q. All right. But he was trying to sexually assault her?

 

A. Yes, sir.

 

Q. You dont know what he did?

 

A. I dont.

 

Q. I understand. Youre just holding her?

 

A. Yes, sir.

 

Q. How are you holding her?

 

A. Kind of sitting over the top of her.

 

Q. All right. You holding her hands down?

 

A. Yes, sir.

 

Q. You got her - and you got her hands pinned like this (indicating)?

 

A. Yes, sir.

 

Q. Her legs are apart?

 

A. Yes, sir.

 

Q. Barkers in the middle -

 

A. Yes, sir.

 

Q. - between her legs?

 

A. (Moves head up and down.)

 

Q. All right. Is she still crying?

 

A. Yes.

 

Q. And the gunshots go off. Did you know Green was going to kill this family?

 

A. I didnt know what was going to happen. I dont think - that wasnt the intention.

 

Q. All right. Well, what did you think was going to happen to them?

 

A. I didn't think they were going to get killed.

 

Q. At some point in time while you were there, did you know this family was going to get killed?

 

A. No, sir.

 

Q. All right. Did you think that you-all would just walk away after you finished doing what you were doing to Abeer?

 

A. No.

 

Q. You couldnt, could you?

 

A. Well, thinking about it now, no. But when it happened, I don't think any of us thought - stuff just went crazy. I mean, nobody could control what happened no more. It was just time - I told everybody, Lets go. It went - it went crazy, too crazy.

 

Q. Now, how long is Barker assaulting this girl?

 

A. A couple seconds.

 

Q. Seconds. Are you there when he gets up, Mr. Barker gets up, from this assault? Are you still holding her at the time?

 

A. I dont remember.

 

Q. All right. Do you remember what - Green, did he come out of the bedroom?

 

A. Yes, sir.

 

Q. What did he say when he came out of the bedroom?

 

A. He said that he killed them all and all of them were dead. []

 

April 30th, 2009 - Transcript of Testimony of Jesse Spielman

 

"[...] A. And then Green comes out of the bedroom in through this door right here and -

 

"Q. And he enters the living room?

 

"A. Enters the living room, yes. The four of us are in the living room, and he kind of announces just to everybody in the living room, I killed them, and theyre all dead. And then the other two, Barker and Cortez, get up and theyre finished, and they leave the female laying on the ground.

 

"Q. Okay. And she's lying on her back on the ground? [...]

 

"[...] Q. All right. And you said Green began assaulting her. He crossed the room. Did he take off any of his clothing?

 

"A. Yeah. Looks like he unbuttoned his pants and then got down in between her legs and appeared that he was raping her.

 

"Q. All right. And he was making motions like it appeared that he was having intercourse?

 

"A. Yes, maam. [...]

 

"[...] A. After he was done, he pulled his pants back up, went over to where he placed the AK-47 against the wall, walked back over to the young lady there, and I remember him putting a pillow over her face and then -

 

"Q. I'm sorry. Who put the pillow over her face?

 

"A. Green.

 

"Q. All right. He picked up a pillow in the living room?

 

"A. Yes, maam.

 

"Q. All right. And put it over her face?

 

"A. Yes, ma'am.

 

"Q. And then what did he do?

 

"A. He put the AK-47 up to the pillow and then fired probably five or six times.

 

"Q. Okay. And he would have hit her in the head?

 

"A. Yes, ma'am. [...]"

 

April 27th, 2009 - Transcript of Testimony of Mohammed Al-Janabi

 

[] Q. Did you and your brother finally make it home that day?

 

A. Yes.

 

Q. Mohammed, please tell us what you saw when you arrived at your house on that day.

 

A. Yes.

 

Q. Can you tell us what you saw?

 

A. When I went back from school, I saw smoke at the house. I went to Abu Firas. Me and Abu Firas came back, and we saw the smoke around the house, and it was burning. Abu Firas entered the house, and he saw the house burning. []

 

April 27th, 2009 - Transcript of Testimony of Ahmed Al-Azawy

 

[] Q. Sergeant Kadhim, when you were in the bedroom, did you see any evidence that a weapon had been fired in that room?

 

A. The murder was by gunshots.

 

Q. And how do you know? How do you know?

 

A. First of all, the injuries were caused by gunshots, not by wood or by metal strokes. []

 

April 27th, 2009 - Transcript of Testimony of Mahdi al-Janabi

 

[] Q. Based on what you saw at the crime scene the two times that you were there, did you have any reason to suspect that American soldiers were involved?

 

A. Never, because I thought completely that no American would do a horrible thing. What I saw was a massacre but not a crime. Even terrorists would not do that. So I never suspected the American military. I always respected them and appreciated them.

 

And this family is a poor family. They have no guilt. It was hardly - they hardly could provide the daily food. They were living with rent. They never hurt American military. []

 

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