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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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August 4th, 2006 - Prosecutor
Seeks Trial for 4 Accused GIs |
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Prosecutor Seeks Trial for 4
Accused GIs By Ryan Lenz The Associated Press Friday, August 4, 2006; 4:32 PM Tikrit, Iraq - A military
prosecutor said Friday that four U.S. soldiers accused of murder in Iraq
crossed the line and violated the "laws of war," arguing they freed
three detainees, encouraged them to flee and then shot them down as they ran. "Soldiers must follow
the laws of war. That's what makes us better than the terrorists, what sets
us apart from the thugs and the hit men. These soldiers did just the
opposite," Capt. Joseph Mackey said in closing arguments at a hearing to
determine if the four should face a court-martial - and possibly the death
penalty. Pfc. Corey R. Clagett, Spc.
William B. Hunsaker, Staff Sgt. Raymond L. Girouard and Spc. Juston R. Graber
are accused of murder in the killing of three Iraqi men taken from a house
May 9 on a marshy island outside Samarra, about 60 miles north of Baghdad. The soldiers, all from the
101st Airborne Division's 187th Infantry Regiment, declined to testify at the
hearing, relying instead on statements they made to military investigators. They claim the detainees,
who were blindfolded with their hands tied behind their backs with plastic
straps, were killed while trying to escape. Paul Bergrin, Clagett's
civilian attorney, said in his closing arguments that the defendants are
heroes, not killers. "There is not enough
credible and logical evidence where you could be convinced that these
individuals deserve to face potentially the death penalty," Bergrin
said. "They are victims in this case and they deserve to be treated as
victims, not as criminals." At the heart of the charges
are "rules of engagement" outlining when U.S. troops can use deadly
force. The soldiers said they were
ordered by ranking officers in the brigade to "kill all military-aged
males" on the island. Witnesses testified this week that the rules
provided for deadly force only against those who were hostile or refused to
surrender. The case is one in a string
of alleged abuses that have raised questions about U.S. military operations
in Iraq and fed Iraqi anger against the U.S.-led coalition. Six U.S. Marines were
charged this week with assaulting civilians in Hamdania in April. Three of
the men were already being held on murder charges in the death of a
52-year-old Iraqi. A hearing is scheduled to
begin Sunday in Baghdad to determine if four other soldiers from the 101st
Airborne should stand trial on charges they raped and murdered a 14-year-old
girl in Mahmoudiya. Three members of her family were also slain. The prosecutor said in his
closing arguments that the soldiers charged in the Samarra killings should be
viewed as war criminals. "They are not war
heroes, they are war criminals. And justice states that they face
trial," Mackey said. "Take a look at how
they did it: They cut all three of the detainees loose at one time. These
detainees were standing; they cut them free" before shooting them, he
said. Mackey cited the testimony
of Pfc. Bradley Mason, who told the hearing this week that the soldiers in
his unit finalized the plan to kill the detainees during the mission. Hunsaker, Clagett and
Girouard also are accused of obstruction of justice for allegedly threatening
to kill Mason if he told investigators of the conspiracy. Bergrin, the defense lawyer,
said the prosecution presented no physical or forensic evidence to prove the
killings were not in self-defense. He dismissed Mason's
testimony as untrustworthy. "This case rises and this case falls on the
testimony of Pfc. Mason," he said, referring to the conflicting
statements the soldier made in sworn statements. The hearing's investigating
officer, Lt. Col. James Daniel, will deliver a recommendation on whether a
court-martial is warranted to the 101st Airborne's commanding general. Capt. Theodore Miller,
Girouard's military attorney, urged Daniel to exercise restraint. "You are the first
person in this chain of events who can stand up and say enough is
enough," Miller said. © 2006 The Associated Press External link:
http://www.washingtonpost.com/wp-dyn/content/article/2006/08/04/AR2006080401079.html |