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December 2nd,
2006 - Shorter Sentences Handed Down in Criminal Cases Arising out of Iraq 1st news article by the North County
Times 2nd news article by the North County
Times |
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Shorter Sentences Handed
Down in Criminal Cases Arising out of Iraq By Teri Figueroa North County Times Saturday, December 2, 2006 11:16 PM PST U.S. service members
convicted of unlawful killings of civilians in Iraq and Afghanistan are
receiving far shorter sentences than those handed down for similar crimes
committed by troops during the Vietnam War, according to a military justice
expert. At least 21 American troops
have been convicted of various offenses in cases linked to the deaths of
Iraqi civilians since 2003, but the vast majority are receiving light
sentences, with some getting no jail time at all, according to a recent
analysis by Gary Solis, a retired Marine legal officer who now teaches
military law at Georgetown University. The sentences seem out of
sync with those seen by Marines convicted of killing Vietnamese
noncombatants, said Solis, who penned the Marine Corps' official history of
military justice in the Vietnam War. Of the 27 Marines who were convicted of
unlawfully killing Vietnamese civilians, 15 were handed life sentences. An
additional three Marines got sentences of more than 20 years, and two others
were sentenced to 10 years. The longest sentence served
by any of those Marines convicted was 12 years and one month, according to
Solis' research. In the Army, 95 soldiers
were convicted of killing Vietnamese civilians. Although Solis has not
studied the sentences handed down by the Army for crimes in Vietnam, he said
he expects those sentences were similar to the Marine Corps. The trend of shorter
sentences in the cases of those whose convictions are linked to deaths of
Iraqis seems to ring true for four locally based troops who have pleaded
guilty to crimes arising from the death of Hashim Ibrahim Awad in the village
of Hamdania earlier this year, Solis said. A second Camp Pendleton unit
is under investigation for the deaths of 24 civilians in the city of Haditha
in November 2005. Officials have yet to announce whether any will be charged. A killing, Solis said,
usually means a significant jail sentence. But that's not what is occurring
this time around. "I complain about
sentences, but yet how can one who doesn't hear all the evidence say the jury
reached the wrong conclusion?" Solis said during a recent telephone
interview. "But I've been a court-martial prosecutor and a court-martial
judge and a convening authority, and I know what a case is worth. And if you
find somebody guilty of murder, somebody should be going to jail. It's
difficult to criticize. At the same time, long experience tells me there is
something to criticize." Under the military justice
system, sentences are determined by a judge, usually a colonel, who presides
over the case, or by a vote of the jury if a defendant opts to have the case
heard by a panel. Apparent inequalities in sentences Solis wrote a commentary in
the October 2006 issue of Proceedings magazine for the independent Naval
Institute in which he highlighted apparent inequalities in the sentences
handed down in Vietnam cases and those arising out of Iraq and Afghanistan,
according to his analysis. Solis pointed to a number of
cases in which the sentences didn't appear commensurate with the crime. Take,
he said, the court-martial of Army Pfc. Willie Brand, who was charged with
assault, maltreatment and maiming of a prisoner in Afghanistan. The victim
was found beaten to death in his cell, his hands chained over his head. Brand
was convicted of all charges. His punishment was a reduction in rank to
private and no jail time. In the more than 3 1/2 years
since the start of the Iraq war, four Iraqi deaths have led to criminal
charges levied against Marines. Prosecutions arising from
two of those four deaths, including the Hamdania case, landed in Camp
Pendleton courtrooms. In 2004, a jury of Marine
Corps officers found Maj. Clarke Paulus guilty of maltreatment and
dereliction of duty in connection with the death of an Iraqi prisoner, but
acquitted him of the most serious charge of assault and battery. Paulus, who
ran the Iraqi detention camp, was dismissed from the Marine Corps but
received no jail time. There is also the case of
2nd Lt. Ilario Pantano, a former Marine accused and eventually exonerated of
two counts of premeditated murder in Iraq in 2004 during a hearing at the
Marine Corps base at Camp Lejeune, N.C. Most recent is the Hamdania
case, in which eight Camp Pendleton troops were jailed in May and charged a
month later with kidnapping, murder, conspiracy and other offenses in the
death of the 52-year-old Awad. Prosecutors said the men
plotted to kidnap and kill a man they believed to be an insurgent, then stage
the killing scene and lie to investigators. And when they could not find the
man they were looking for, they snatched Awad from a nearby home and stuck to
the rest of the plan, prosecutors allege. Hamdania sentences The first one to reach a
plea agreement was Navy corpsman Melson Bacos, who on Oct. 6 pleaded guilty
to kidnapping and conspiracy to kidnap and making false official statements,
in exchange for 12 months in the brig with credit for time served since May
24. The military judge presiding
over Bacos' case was stuck with the deal Bacos reached with prosecutors and
had to set aside the 10-year prison sentence and dishonorable discharge he
wanted to hand down. Although the sentences and
the deals changed a bit, it was a scenario that would quickly play out three
more times in the Awad killing. The next man to plead,
Encinitas native Pfc. John Jodka III, pleaded guilty to aggravated assault
and conspiracy to obstruct justice. The military judge's sentence of five
years and a dishonorable discharge was set aside in favor of the plea deal,
in which Jodka will serve 18 months in the brig. When Lance Cpls. Jerry
Shumate and Tyler Jackson struck their plea deals, they each admitted to
charges related to assault and obstruction of justice. Each man got 21
months, with the judges in their cases also setting aside the sentences they
wanted to hand down, which were dishonorable discharges and eight and nine
years in prison, respectively. All four men also agreed to
testify against the remaining defendants, most of whom are of slightly higher
rank. The plea deals struck by the
four junior men came with the approval of the commanding authority, in this
case, Lt. Gen. James N. Mattis. As is standard, the terms of
the deals were kept secret until after the judge reviewed the case and
decided on a sentence. The deal was then revealed, and the defendants
received the lesser of the two punishments, which, in the case of Hamdania,
were the deals reached with Mattis' approval. Statistics as to how often
criminal cases in the military end with a plea deal were not immediately
available from military officials. In the Hamdania case, Solis
said last week, the relatively light sentences underscore the fact that
lesser sentences are being meted out for crimes committed in Iraq. "The judges in those
cases thought they were worth (a number of) years, but the commanding
authority gave sentences of a lesser duration or length," he said. Bad acts ‘stand out’ Eugene Fidell, who teaches at
American University's Washington College of Law and specializes in military
law, said Solis' findings were "not a surprise, but (it was) helpful to
see it assembled." "And by the way, we
don't know yet what the next phase is going to be," Fidell said. "Even
the cases that have already been tried are only now beginning to stick a toe
into the appellate process. Some things may well be overturned
entirely." In military courts,
sentences that include more than a year of confinement are automatically
reviewed by the Court of Military Appeals. Asked his thoughts on seeing
the number of criminal cases arising out of the homicides of Iraqis, Fidell
said: "One case is one too many, everybody agrees on that. "A certain amount of
misconduct is inevitable. My own conviction is that our military forces are
quite well-behaved," Fidell said. "We have a highly disciplined
force, and that's what makes indiscipline stand out so much. "It tells me that it's
a terrible and challenging task that has been assigned to our personnel. I
have no doubt that the environment in Iraq is unlike anything we've seen
before, including Vietnam. It's more like 'Road Warrior.' It is an
environment of armed chaos, armed anarchy." But, he said, that's
"not a reason to throw a law book out the window. It really doesn't get
us off the hook in terms of our responsibility." The criminal charges may be
affecting the troops on the ground "in a number of different ways,"
said Paul Reickhoff, executive director of the group Iraq and Afghanistan Veterans
of America. "It's a good thing and
a bad thing," said Reickhoff, who served as an Army first lieutenant in
Iraq. "It plants a seed of doubt, causes them to think a little harder,
wait a little longer to pull the trigger." Wider scrutiny Kathleen Duignan at the
National Institute of Military Justice called the question of disparate
sentences "a tough one" and said that military justice hasn't had
this level of widespread scrutiny since Vietnam. "Nobody started drawing
conclusions about Vietnam until the war was over and the cases were wrapped
up," she said. "I think that after this settles down, you may find
more people trying to make comparisons and analyze why you have certain
offenses being charged one way or another. Right now, because we are in the
thick of things, it's difficult." Gary Myers is a veteran
attorney of military trials in both wars. He was among those who represented
accused Capt. Ernest Medina in the infamous My Lai massacre of hundreds of
Vietnamese villagers, and he also served as counsel for Sgt. Ivan
"Chip" Frederick in Iraq's Abu Ghraib detainee abuse cases.
Frederick pleaded guilty to abuse charges and received an eight-year
sentence. Myers, who also represents Lance
Cpl. Justin Sharratt, one of the enlisted Camp Pendleton troops under
investigation in the Haditha case, said he believes the juries in the Iraqi
cases are "basically excusing conduct that we would otherwise find
reprehensible." "It's very clear on the
face that the sentences in the abuse cases to date have resulted in
dramatically light sentences," Myers said in a telephone interview from
his office in Virginia last week. "Not only is there not a sentence,
often there isn't prosecution. "My thinking is that
even if one concludes that Vietnam was an ignoble war, I believe the U.S.
Army was a noble institution, and I think the My Lai trials and all the other
points Solis makes reflect that fact." In the My Lai case, Myers'
client, Medina, was found not guilty. The ringleader in the incident, Lt.
William Calley, was convicted and sentenced to life in prison, but soon ended
up on only house arrest, then saw his sentence repeatedly reduced and
commuted to time served by President Richard Nixon. Calley was paroled after
serving 3 1/2 years. Myers said the My Lai
incident was more about "aberrant behavior" among the soldiers, and
that the Haditha case is more about policy and rules of engagement. The Haditha case also has a
companion investigation into the actions of Marine commanders in pursuing an
investigation following the initial reports of what happened that day. Criminal charges are
considered much more questionable in Haditha, since the incident began after
one of the platoon's members was killed in a roadside bomb explosion as its
convoy passed through the city. The Marines there that day say they were
pursing insurgents who fired at them after the explosion, entering four homes
during which the 24 people were killed. "I think that today,
there is a sense of 'bad things happen in war' and the responsibility for
those bad things does not necessarily lie with the individual soldier, but
part of it starts at the top," Myers said. "When you have a
president declaring that the Geneva Conventions should be marginalized
through the Justice Department, the attitude becomes that we have a sense of
entitlement to do whatever we think is necessary in our self-interests." External link: http://www.nctimes.com/articles/2006/12/03/news/top_stories/21_55_2112_2_06.txt A look at criminal cases
against U.S. troops stemming from the deaths of Iraqis since March 2003 North County Times Sunday, December 3, 2006 8:10 AM PST Convictions: - Staff Sgt. Cardenas J.
Alban, convicted of killing a severely wounded 16-year-old Iraqi during
fighting in Baghdad's Sadr City. He was sentenced to one year's confinement, demoted
to private and given a bad-conduct discharge. - Staff Sgt. Johnny Horne
Jr., pleaded guilty to unpremeditated murder in the same case as Alban. He
was sentenced to three years in prison, had his rank reduced to private,
forfeited wages and was given a dishonorable discharge. His prison sentence
was later reduced to one year to be consistent with Alban's case. - Cpl. Dustin Berg of the
Indiana National Guard, convicted and sentenced to serve 18 months in prison
and a bad-conduct discharge for the shooting death of an Iraqi police
officer. - Spc. Rami Dajani,
convicted of involuntary manslaughter (accessory after the fact) and making a
false statement following the fatal shooting of an Iraqi translator. He was
sentenced to 18 months in confinement, reduced in rank to private and given a
bad-conduct discharge. - Spc. Charley L. Hooser,
convicted of involuntary manslaughter in the same case involving Dajani.
Hooser was sentenced to three years in prison and given a reduction in rank
to private and a bad-conduct discharge. - Capt. Rogelio
"Roger" Maynulet, convicted of assault with intent to commit
voluntary manslaughter in the shooting death of a wounded Iraqi. He got no
prison time, but was dismissed from the armed forces. - Pvt. Federico Daniel Merida
of the North Carolina National Guard, pleaded guilty to killing a 17-year-old
Iraqi soldier after the two had consensual sex. He was sentenced to 25 years
in prison, reduced in rank to private and dishonorably discharged. - Marine Maj. Clarke Paulus,
convicted of dereliction of duty and maltreatment in a case stemming from the
death of an Iraqi prisoner who was dragged out of his holding cell by the
neck, stripped naked and left outside for seven hours in 2003. Paulus, who
commanded a Marine detention camp in Iraq, was dismissed from the service but
received no prison time. - Sgt. 1st Class Tracy
Perkins, acquitted of involuntary manslaughter in the alleged drowning of an
Iraqi man, but convicted of assault for forcing the man and his cousin into
the Tigris River. He was sentenced to six months in prison, reduced in rank
and had to forfeit $2,000. - 1st Lt. Jack Saville,
pleaded guilty to assault and other crimes in the same incident as Perkins
and was sentenced to 45 days in prison, and had to forfeit $2,000 for six
months. - Pfc. Edward Richmond,
convicted of voluntary manslaughter for shooting an Iraqi in the back of the
head. He received three years in prison, had to forfeit all pay, and was
dishonorably discharged. - Sgt. Michael P. Williams,
convicted of one premeditated murder and unpremeditated murder in the deaths
of unarmed civilians during operations near Sadr City. He was sentenced to
life in prison and given a reduction in rank and a dishonorable discharge.
His sentence was later reduced to 25 years. - Spc. Brent May, convicted
of unpremeditated murder in the same incident as Williams. He was sentenced
to five years and dishonorably discharged. - Chief Warrant Officer
Lewis Welshofer of the 3rd Armored Cavalry Regiment, found guilty of negligent
homicide and negligent dereliction of duty in the death of Iraqi Maj. Gen.
Abed Hamed Mowhoush after interrogation at a detention camp. A military jury
ordered a reprimand and forfeiture of $6,000 of his salary, and restricted
him to his home, office and church for two months. Chief Warrant Officer
Jefferson L. Williams, Sgt. 1st Class William Sommer and Spc. Jerry Loper
were charged with murder and dereliction of duty along with Welshofer. The
Army dropped the murder charges against Williams and Loper in exchange for
their testimony against Welshofer. The murder charge against Sommer was also
dropped. Williams, Sommer and Loper received administrative punishment. - Jorge Diaz, convicted of
murdering an Iraqi man, who Diaz fatally shot while the man's hands were
cuffed. Diaz was sentenced to seven years in prison, reduced in rank to
private and given a dishonorable discharge. - Spc. James P. Barker, one
of four Fort Campbell soldiers accused in the rape of a 14-year-old Iraqi
girl and the killing of her and her family, pleaded guilty and was sentenced
to 90 years in prison. - National Guard Sgt. Milton
Ortiz Jr. was charged in the shooting death of an unarmed Iraqi man near
Ramadi. He was reduced in rank to specialist after pleading guilty to conspiracy
to obstruct justice by placing a rifle near a mortally wounded Iraqi, and
also threatening and assaulting an Iraqi in an unrelated incident. - Petty Officer Melson J.
Bacos pleaded guilty to kidnapping and conspiracy to kidnap and making false
official statements in the shooting death of an Iraqi man in Hamdania. Under
his plea deal, Bacos received 12 months in the brig. - Pfc. John J. Jodka III
pleaded guilty to aggravated assault and conspiracy to obstruct justice in
the same case as Bacos. Jodka was sentenced to 18 months confinement. - Lance Cpl. Jerry E.
Shumate, Jr. pleaded guilty to aggravated assault and obstruction of justice
in the same case as Jodka and Bacos and was sentenced to 21 months. - Lance Cpl. Tyler A.
Jackson pleaded guilty to aggravated assault and obstruction of justice in
the same case as Shumate, Jodka and Bacos. Jackson was sentenced to 21
months. Cleared or acquitted: - Marine 2nd Lt. Ilario
Pantano, cleared of murder charges in the shooting deaths of two Iraqi civilians.
Pantano had been accused of riddling the two with bullets and hanging a
warning sign on their corpses as a grisly example to insurgents. - Staff Sgt. Shane Werst,
acquitted of premeditated murder in the shooting death of an unarmed Iraqi.
Werst said he fired to save a fellow soldier. - National Guard Spc. Nathan
B. Lynn, who was charged along with Sgt. Milton Ortiz, was cleared in the
shooting death of an unarmed Iraqi man near Ramadi. He had faced a voluntary
manslaughter charge. Pending cases: - Sgt. Lawrence G. Hutchins
III, Cpls. Marshall L. Magincalda and Trent D. Thomas, and Lance Cpl. Robert
B. Pennington, are charged with premeditated murder in the shooting death of
an Iraqi man in Hamdania, the same case in which Bacos, Jodka, Shumate and
Jackson were charged. In addition to murder, the four remaining defendants
are also charged with kidnapping, conspiracy and other offenses. - Pfc. Corey R. Clagett,
Spc. Juston R. Graber, Staff Sgt. Raymond L. Girouard and Spc. William B.
Hunsaker are charged with the premeditated murder of three male detainees.
Clagett, Girouard and Hunsaker are also charged with obstructing justice for
allegedly threatening to kill another soldier who was a witness in the case. - Sgt. Paul E. Cortez, Pfc.
Jesse V. Spielman and Pfc. Bryan L. Howard are accused in the rape of a
14-year-old Iraqi girl and the killing of her and her family, the same case
in which co-defendant Barker pleaded guilty. The cases of the three men have
been referred to courts-martial. A fifth man, accused ringleader former Pvt.
Steven Green, 21, has pleaded not guilty to civilian charges including murder
and sexual assault. External link: http://www.nctimes.com/articles/2006/12/03/news/top_stories/21_55_2212_2_06.txt |