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The
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July 27th, 2006 - Cortez to Face
Military Hearing in Iraq |
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Cortez
to Face Military Hearing in Iraq Desert Dispatch By Adrienne Ziegler Staff Writer Thursday, July 27, 2006 On
Aug. 6, Sgt. Paul Cortez will face the first steps in the military trial
process. Cortez will undergo an Article 32 hearing in Iraq for the rape and murder
of a 14-year-old Iraqi girl and the killing of her family while serving in
Mahmudiya. Cortez
was with the 101st Airborne division from Fort Campbell, Ky. The
hearing, heard by an appointed investigating officer, will determine whether
or not Cortez will be court-martialed and whether the charges merit the
possibility of the death penalty, said Cortez's lawyer, William Cassara. He
said the military's Article 32 hearing is most like a combination of a
civilian pre-trial hearing and a grand jury investigation. Cassara,
a civilian attorney based out of Augusta, Ga., said he has no doubt that the
case will go to trial. Cassara
has had experience in cases involving the military and worked as a military
prosecutor for some time. He said he took on Cortez's case because he wanted
to help him get the best defense possible. "I
have dealt with several cases involving incidents that have occurred in
Iraq," Cassara said Tuesday. "I have taken this on because I
believe the military and the media have created a bit of a frenzy ... The
government is looking to execute this kid, and I am looking to make sure he
gets a fair trial." The
Haefele family, who raised Cortez through his late teens, is footing the bill
for a civilian lawyer, instead of one assigned to him by the military. "He
was right on the top of the list of people that have experience in this
area," said Paul Haefele in an interview last week. "He came to us
and said exactly what I wanted to hear." Cassara
said he couldn't comment on the defense yet. He was only recently retained as
Cortez's lawyer, and said that he hadn't had the opportunity to get familiar
with all the evidence against Cortez. According
to Pentagon records, the Army tried 825 soldiers in general courts-martial
last year. Of those, 777 were convicted with a rate of 94 percent, the San
Jose Mercury News reported last week. According
to 2002 data -- the most recent available from the Bureau of Justice
Statistics - civilian murder defendants by contrast were convicted at a rate of
80 percent, they reported. Cassara
also said depending on whether or not the case caries a capital referral,
getting to trial could take a long time. If the investigating officer deems
that the charges should carry the death penalty, Cassara said the trial would
take even longer. He estimated the trial wouldn't start before the end of the
year. If
Cortez does go to trial, he will face a jury panel composed of military
members. The panel may be made up of all officers, or the defense may request
that at least a third of the panel are enlisted soldiers. Cassara
anticipates requesting enlisted soldiers for Cortez's trial. "I
think we would probably want people that have ground combat experience, and
that's more likely going to be enlisted soldiers," he said. Cortez
and four other soldiers are charged with raping and murdering 14-year-old
Abeer al-Janabi, killing her family and then burning the family's home and
the girl's body to hide the crime. The
Army discharged one of the soldiers, Steven Green, for a personality disorder
earlier this year. He is being tried in civilian federal court. The
other four soldiers, including Cortez, are being detained at Camp Victory
outside Baghdad, according to an Associated Press story earlier this week. External link: http://www.desertdispatch.com/2006/11540095676617.html |