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August 7th, 2006 - Court Told US Troops Raped Iraqi Girl

News article by Reuters

1st News article by the New York Times

2nd News article by the New York Times

Summary of the Mahmudiya Massacre

Court Told US Troops Raped Iraqi Girl

 

Reuters

Monday, August 7, 2006; 3:14 PM

 

Baghdad - A U.S. military court in Baghdad heard graphic testimony on Monday of how three U.S. soldiers took turns raping a 14-year-old Iraqi girl before murdering her and her family.

 

At the hearing into whether four U.S. soldiers should be court-martialled for rape and murder, a special agent described what took place in Mahmudiya in March, based on an interview he had with one of the men, Specialist James Barker.

 

The case, the fifth involving serious crimes being investigated by the U.S. military in Iraq, has outraged Iraqis and led Prime Minister Nuri al-Maliki to call for a review of foreign troops' immunity from prosecution under Iraqi law.

 

Special Agent Benjamin Bierce recalled that Barker described to him how they put a couple and their six-year-old daughter into a bedroom of their home, but kept the teenage girl in the living room, where Barker held her hands while Sergeant Paul Cortez raped her or tried to rape her.

 

Barker then switched positions with Cortez and attempted to rape the girl but said he was not sure if he had done so, Bierce told the hearing.

 

Barker also told the special agent he heard shots from the bedroom and shortly afterwards Private Steven Green emerged from the room, put down an AK-47 assault rifle and raped the girl while Cortez held her down.

 

Shot Her Several Times

 

Barker told Bierce that Green then picked up the weapon and shot her once, paused, and shot her several more times.

 

Military prosecutors are expected to set out their case against Private First Class Jesse Spielman, 21, Barker, 23, Cortez, 23 and Private First Class Bryan Howard, 19, who face charges of rape and murder among others.

 

If court-martialled after the Article 32 hearing -- the military's equivalent of a U.S. grand jury -- and found guilty, they could face the death penalty. The hearing began on Sunday and is expected to last several days.

 

Green, 21, faces the same charges in a U.S. federal court in Kentucky, home of the 502nd Infantry Regiment, his former unit. Green, who has pleaded not guilty, was discharged from the army for a "personality disorder."

 

A fifth soldier, Sergeant Anthony Yribe, is charged with dereliction of duty and making a false statement and will also appear at the hearing at a U.S. base in Baghdad.

 

Defense Attorney Captain Jimmie Culp was blowing chewing gum bubbles while Yribe, sitting to his left, began sucking on a red lollipop during the testimony.

 

An Iraqi army medic told the hearing on Sunday he entered the house and found the body of 14-year-old Abeer Qasim Hamza al-Janabi naked and burned from the waist up, with a single bullet wound beneath her left eye.

 

Special Agent Gary Griesmyer recounted Cortez' account of the day. "While they were playing cards and drinking Iraqi whiskey, the idea came to go out to an Iraqi house, rape a woman and murder her family," he testified.

 

Cortez said Barker told the young girl to "shut up" after she was raped, Griesmyer said.

 

Bierce said Barker told him he poured kerosene from a lamp on to the girl. It was not clear who set her on fire.

 

Barker later signed a sworn statement based on the interview, in which he said that on the day of the attack he, Cortez, Spielman and Green had been playing cards and drinking whisky mixed with an energy drink. They then went to the rear of the checkpoint where they were based to hit golf balls.

 

Green said he wanted to go to a house and kill some Iraqis, Barker wrote in his sworn statement.

 

After the rape and murders, he wrote that he began to grill chicken wings.

 

The hearing continues.

 

© 2006 Reuters

 

External link: http://www.washingtonpost.com/wp-dyn/content/article/2006/08/07/AR2006080700173.html


Iraq Hearing on Rape and Murder Opens

 

New York Times

By Kirk Semple

August 7, 2006

 

Baghdad, Iraq, Monday, Aug. 7 - A former American soldier who is accused of raping a 14-year-old Iraqi and killing her and three members of her family told fellow soldiers that “all Iraqis are bad people” after his unit began taking casualties, according to testimony in an American military hearing on Sunday.

 

The former soldier, Steven D. Green, a private who was discharged in May after a psychiatric evaluation, also sought help for combat stress while deployed in Iraq, according to his former battalion commander, Lt. Col. Thomas Kunk.

 

Colonel Kunk was one of four witnesses who testified Sunday. The hearing, which is expected to continue for several days, is the latest chapter in the prosecution of the case involving Mr. Green and five active-duty soldiers, all of whom are accused of involvement in the rape and killings on March 12 in the town of Mahmudiya, south of Baghdad.

 

The case, one of several recent ones in which American soldiers have been accused of killing unarmed Iraqi civilians, has embarrassed the American military, infuriated Iraqis and strained relations between American authorities in Baghdad and their Iraqi counterparts.

 

The hearing in Baghdad, conducted under Article 32 of the Uniform Code of Military Justice, is roughly equivalent to a grand jury proceeding and will determine whether there is enough evidence to convene a court-martial to try the five active-duty soldiers.

 

Specialist James P. Barker, Pfc. Jesse V. Spielman, Pfc. Bryan L. Howard and Sgt. Paul E. Cortez have been accused of rape, murder and arson - military prosecutors say they set the girl’s body on fire to conceal evidence.

 

The fifth soldier in the hearing, Sgt. Anthony W. Yribe, is accused of dereliction of duty for not reporting the crimes, but he is not thought to have been at the house where the crimes are said to have taken place.

 

Mr. Green faces rape and murder charges in a federal court in Kentucky. He has pleaded not guilty to the charges.

 

In his testimony, Colonel Kunk said the soldiers’ company - Company B of the First Battalion, 502nd Infantry, with the 101st Airborne Division - had a particularly dangerous assignment to patrol a stronghold of the Sunni Arab insurgency south of Baghdad. The job took a high toll, with eight of the company’s soldiers killed from September through June.

 

Mr. Green and two of the accused soldiers, Private Spielman and Sergeant Cortez, were “wallowing in self-pity” early in the year amid the violence and the death of fellow soldiers, Colonel Kunk said. They were among several soldiers who sought help for combat stress, he said.

 

Colonel Kunk said at the hearing that others had told him about Mr. Green’s comment, “all Iraqis are bad people.” He was so concerned about it that he personally discussed it with Mr. Green, he said, asking him whether he intended to kill Iraqis.

 

But during the hearing, the line of questioning turned and Colonel Kunk never testified about Mr. Green’s response.

 

Earlier in the day, an Iraqi Army medic described a gruesome tableau of violence he encountered when he walked into the house where, according to investigators, the rape and killings took place.

 

The medic, who testified anonymously for security reasons, said he found the naked and burned body of the girl with a bullet hole in her face and saw the bullet-ridden bodies of her sister and parents - a scene that left him “sick for almost two weeks,” he said.

 

Two Iraqi witnesses also took the stand, but reporters were barred from hearing them, and officials did not disclose details of their testimony. A trial lawyer had requested the restriction out of concern that public exposure might endanger them.

 

The hearing took place on another day of scattered violence around Iraq.

 

Three American soldiers were killed Sunday by an improvised bomb planted along a road southwest of Baghdad, the American military said in a statement early Monday.

 

A suicide bomber wrapped in explosives detonated himself in the middle of a crowd of mourners attending the funeral of a member of the Tikrit city council, an Interior Ministry official said. Five people were killed and 15 wounded, the official said.

 

At least 15 bodies, all with their hands tied behind their backs and gunshots to the head, were found in different Baghdad neighborhoods, according to the ministry official.

 

Iraqi employees of The New York Times contributed reporting from Falluja and Kirkuk for this article.

 

Copyright 2006 The New York Times Company

 

External link: http://www.nytimes.com/2006/08/07/world/middleeast/07iraq.html


G.I. Tells Why He Testified in Rape-Murder Inquiry

 

New York Times

By Paul von Zielbauer

August 7, 2006

 

Baghdad, Iraq, Aug. 8 - A United States Army private close to four soldiers charged with killing an Iraqi family and raping a 14-year-old girl in March described today how he became the whistleblower in the case and how, once he spoke to military investigators, he feared for his life.

 

Pfc. Justin Watt, who was in the same platoon as the four soldiers and another former soldier accused of the crimes, said he came forward after piecing together evidence from soldiers whom he suspected were involved in the rape and killings. He felt obligated to say something, he told a military prosecutor Monday at a hearing for the four accused soldiers, out of a sense of loyalty to the friends who had fought in Iraq and died.

 

"We’d come through hell with each other, and there were a lot of good men who died,” Private Watt testified.

 

“And this happened - for what? We’re just trying to do a little good over here,” he said, describing his decision to alert his superiors about his suspicions that members of his own platoon were involved, “and it had to be done."

 

Specialist James P. Barker, Pfc. Jesse V. Spielman, Pfc. Bryan L. Howard and Sgt. Paul E. Cortez are the four soldiers accused of raping the girl and killing her and her family in their home in Mahmudiya, a volatile town south of Baghdad where the soldiers had patrolled. The four, with Company B of the First Battalion, 502nd Infantry, 101st Airborne Division, are also charged with arson; military prosecutors accused them of burning the girl’s body with kerosene in an attempt to conceal evidence.

 

A fifth soldier, Sgt. Anthony W. Yribe, is charged with dereliction of duty for failing to report the crimes. Prosecutors do not believe he was at the house where the crimes are said to have taken place.

 

A sixth person, Steven D. Green, a private who was discharged in May after a psychiatric evaluation, was said by other soldiers to have been the one who conceived of a plan to kill the family on March 12. Private Watt testified today that he heard Mr. Green say, "I want to kill and hurt a lot of Iraqis."

 

Mr. Green faces rape and murder charges in a federal court in Kentucky. He has pleaded not guilty.

 

Private Watt described how he first heard of the murders from Sergeant Yribe, who confided in him about the grisly incident. Sergeant Yribe told him a shotgun shell had been found at the scene of the murders; Watt had never seen an Iraqi with a shotgun during his 11-month deployment, he testified.

 

Unable to stop thinking about what he suspected, he approached Private Howard and asked about what he knew.

 

"I wanted to see if I could confirm my suspicions that there were more people involved," Private Watt testified. "I believed there were American forces involved."

 

Private Watt first reported his suspicions to a combat stress team in Mahmudiya, describing a need to learn the truth of the matter and the disillusion that followed.

 

"Investigation is not my job,” he said under cross-examination by Specialist Barker’s military lawyer today. “But if something went down - something terrible like that - then it’s my obligation to come forward."

 

Private Watt added: "I find out that guys in my squad, guys I trusted with my life, are allegedly responsible for one of the most brutal rapes-slash-murders I’ve ever seen.”

 

Eventually, he said, he grew uneasy about working with the accused soldiers at traffic checkpoints, flashpoints for violence often directed at stationary American soldiers. ”Everyone has a weapon and grenades," he said, referring to his fellow soldiers at such checkpoints.

 

Defense lawyers, facing an enormous legal task in defending soldiers linked by evidence and their own statements to such a gruesome crime against civilians, appear intent on establishing combat stress as a contributing factor to the crimes the soldiers are accused of.

 

Company B patrolled a dangerous region south of Baghdad where Sunni Arab insurgents and American and Iraqi Army forces frequently engaged in deadly clashes. "I watched two guys I cared a lot about die right in front of me," Private Watt said. "I was going to get a memorial tattoo of all the guys, but there’s not enough room on my arm.”

 

The hearing, known as an Article 32, combines elements of a grand jury proceeding and a jury trial to determine whether there is sufficient evidence to recommend the charges be brought to a court-martial.

 

Prosecutors also called Sergeant Yribe to testify today, but he declined, invoking a right against self-incrimination that does not exist once a soldier is court-martialed.

 

An Army investigator, Special Agent Benjamin Bierce, told prosecutors that Specialist Barker had told him that he had participated in the rape and murders, and that Mr. Greene had apparently killed the family in a bedroom after raping the girl.

 

Meanwhile, violence continued in Iraq today and took on a political dimension in Baghdad as American troops began patrolling areas here to quell a surge in sectarian killings.

 

In Baghdad, overnight fighting between American forces and members of the Mahdi Army, the militia loyal to the radical Shiite cleric Moktada al-Sadr, killed two of the militia’s fighters, wounded 18 and set fire to four houses and 10 cars, an Interior Ministry official said.

 

Late Sunday, Mohamed Salman, an envoy of Prime Minister Nuri Kamal al-Maliki, visited the families of the those killed in an American airstrike in Sadr City as well as the civilians wounded at Imam Ali hospital, Mr. Maliki’s office said in a statement. Mr. Salman gave two million Iraqi dinars, or about $1,350, to the families of the two people killed in the fighting, and one million dinars to each of the wounded, the statement said.

 

The visit from a high-level Maliki aide and the cash payment highlighted the political influence that Mr. Sadr and Shiites under his sway have in national politics in Iraq.

 

A roadside bomb exploded near a police check point in Baghdad shortly before 1 p.m., killing four civilians and injuring three policemen, an Interior Ministry official said.

 

In the New Baghdad neighborhood in the capital, armed men invaded a barber shop, killed the barber and wired the shop’s door with an improvised bomb that killed one civilian and injured three others, the official said.

 

In Samarra, a largely Sunni Arab city 60 miles north of Baghdad, at least nine people were killed and 10 wounded when a suicide bomber strapped with explosives blew himself up at a police station, Reuters reported.

 

In Ramadi, gunmen took control of a military recruitment center, launching a battle that left 15 injured, including women and children, an official at a Ramadi hospital said.

 

Copyright 2006 The New York Times Company

 

External link: http://www.nytimes.com/2006/08/07/world/middleeast/07cnd-iraq.html

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