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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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July 17th,
2006 - U.S. Military Fears Outcome of Rape Trial |
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U.S.
Military Fears Outcome of Rape Trial With Incomplete Evidence, Military Commanders
Fear Outcome of Soldiers’ Rape Trial The Associated Press By Ryan Lenz July 17, 2006 Baghdad,
Iraq - U.S. military officials fear that religious hurdles in exhuming the body
of a teenager could complicate the prosecution of American soldiers accused
of raping and murdering the girl and create a political nightmare for the
U.S. mission here. Given
the seriousness of the allegations, U.S. officials believe a vigorous prosecution
is essential and punishment should be severe if the five U.S. soldiers and
one former soldier are convicted. Anything
short of that would be seen by Iraqis as a cover up and could shatter
remaining support for the U.S. presence here. Five
soldiers from the 101st Airborne Division are accused of raping and murdering
Abeer al-Janabi near the town of Mahmoudiya on March 12. A sixth soldier is
accused of failing to report the crime. The
soldiers allegedly saw the victim at a checkpoint in the town and plotted the
attack for a week, according to federal court documents. Three of her family
members were killed in the assault. But
the victim's male relatives have refused to allow her body to be exhumed
because of objections from a Muslim cleric. Islamic law frowns on exhumations
as desecration of the dead. "Chief
among our concerns is carrying out justice. But when you get town officials
or an imam saying that exhuming the body doesn't jive with our cultural
sensitivities, that creates a massive stumbling block," a U.S. military
official in Baghdad close to the investigation said, speaking on condition of
anonymity because he is not authorized to speak to media. Without
forensic evidence, prosecutors must rely heavily on statements from the
suspects. Defense lawyers will doubtless claim those statements were made
under duress and seek to keep them from the jury. While
some evidence has been collected at the home where the assault allegedly
occurred, officials say none of it confirms guilt. A
photograph of the girl's Iraqi identity card, viewed by The Associated Press
in Baghdad, showed the girl was 14 at the time of the attack, with her
birthdate listed as Aug. 19, 1991. The identity card was issued in 1993 and
shows a picture of the girl as a toddler. The
soldiers Sgt. Paul E. Cortez, Spc. James P. Barker, Pfc. Jesse V. Spielman
and Pfc. Bryan L. Howard are accused of rape and murder. They allegedly
conspired with former soldier Steven D. Green, who was arrested last month in
North Carolina. Green,
who was discharged from the Army because of a personality disorder, likely
will be tried in federal court. The former Army private pleaded not guilty to
one count of rape and four counts of murder and is being held without bond. Sgt.
Anthony W. Yribe, is charged with failing to report the attack but is not
alleged to have been a direct participant. Those
still on active duty face an Article 32 hearing, the military equivalent of a
grand jury proceeding, to determine if they should stand trial. If the case
does go to trial, the murder suspects could face the death penalty. Yet
Prime Minister Nouri al-Maliki has complained that Iraqi courts should try
cases of abuse by American soldiers something the U.S. command strongly
resists and last week called for a review of an agreement giving foreign
troops immunity from Iraqi prosecution. "Those
who are free from being punished misbehave, and they have misbehaved a
lot," al-Maliki said. The
U.S. military always has insisted it will punish soldiers who commit crimes
against Iraqis. During a visit last week, Defense Secretary Donald H.
Rumsfeld underscored that position, insisting that "no one" in the
U.S. force "is immune," meaning from U.S. though not Iraqi
prosecution. The
attack was the latest in a string of allegations that U.S. soldiers and
Marines in Iraq have killed civilians, including the alleged massacre of
dozens in Haditha. Copyright
2006 The Associated Press External link: http://abcnews.go.com/International/print?id=2199745 |