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December 15th, 2006 - Judge Orders New Hearing for Soldier Charged with Rape, Murder

News article by the Associated Press

Summary of the Mahmudiya Massacre

Judge Orders New Hearing for Soldier Charged with Rape, Murder

 

Associated Press

Fri, Dec. 15, 2006

 

Fort Cambpell, Ky. - A judge on Friday ordered a new hearing to reconsider evidence against one of four 101st Airborne Division soldiers charged with rape and murder in the death of a 14-year-old Iraqi girl.

 

Col. Stephen R. Henley, the military judge, found that defense attorneys for Pfc. Bryan Howard were not allowed to introduce mitigating and extenuating evidence on Howard's behalf during an Article 32 hearing in Iraq.

 

An Article 32 hearing is the military equivalent of a grand jury. It was unclear if a new hearing would result in a change in charges against Howard, military officials said.

 

Howard and three other soldiers from the division's 502nd Infantry Regiment have been arraigned on murder and rape charges stemming from the March 12 assault in Mahmoudiya, a village about 20 miles south of Baghdad.

 

Investigators said the soldiers planned for weeks to rape the girl and tried to burn her body to destroy evidence of the assault. Three others in her family, including the girl's younger sister, were shot to death.

 

One soldier, Spc. James P. Barker, pleaded guilty last month to charges of rape and murder and was sentenced to 90 years in prison as part of an agreement to testify against the others.

 

Another person, former Pfc. Steven Green, also faces rape and murder charges but will be tried in federal court because he was dismissed from the military for a personality disorder before allegations surfaced.

 

© 2006 AP Wire and wire service sources. All Rights Reserved.

 

External link: http://www.contracostatimes.com/mld/cctimes/news/nation/16249933.htm

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