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August 8th, 2006 - U.S. Court Hears Closing Arguments in Iraq Rape Case

News article by Reuters

Summary of the Mahmudiya Massacre

U.S. Court Hears Closing Arguments in Iraq Rape Case

 

Reuters

Tue 8 Aug 2006 7:55 PM ET

 

Baghdad, Aug 8 (Reuters) - A prosecutor told a U.S. military court on Tuesday four soldiers should be court-martialled on charges of murder and the rape of a 14-year-old Iraqi girl because the case had nothing to do with the strains of war.

 

"Murder, not war. Rape, not war. That's what we're here talking about today. Not all that business about cold food, checkpoints, personnel assignments," the prosecutor, Captain Alex Pickands, said as the court heard closing arguments.

 

"Cold food didn't kill that family. Personnel assignments didn't rape and murder that 14-year-old little girl. They gathered together over cards and booze and came up with a plan to rape and murder that little girl."

 

The case has outraged Iraqis and led Prime Minister Nuri al-Maliki to call for a review of foreign troops' immunity from prosecution under Iraqi law.

 

The article 32 hearing - the military equivalent of a grand jury - heard earlier how troops were "driven nuts" by combat stress and how one of the accused burned a puppy.

 

Private First Class Justic Cross described how conditions "pretty much crushed the platoon", which lived in constant fear of being killed in the Mahmudiya area south of Baghdad where the rape and murders took place in March.

 

"It drives you nuts. You feel like every step you might get blown up. You just hit a point where you're like, 'If I die today, I die'. You're just walking a death walk," he said.

 

On Monday, the court at a U.S. base known as Camp Liberty heard graphic testimony of how three of the soldiers took turns raping 14-year-old Abeer Qasim Hamza al-Janabi before murdering her and her family.

 

"Triangle of Death"

 

Mahmudiya is part of what Iraqis call the "Triangle of Death" because of frequent attacks by insurgents.

 

Private First Class Jesse Spielman, 21, Specialist James Barker, 23, Sergeant Paul Cortez, 23, and Private First Class Bryan Howard, 19, face charges of rape and murder among others.

 

If court-martialled after the Article 32 hearing and found guilty, they could face the death penalty. The hearing began on Sunday and is expected to last several days.

 

Private Steven 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".

 

Asked by a defence attorney if it was possible Green committed the rape and murders on his own, Cross said: "Green does nothing by himself."

 

Staff Sergeant Eric Lauzier, squad leader for the accused soldiers, said Green often said he wanted to kill Iraqis.

 

During the testimony, soldiers spoke of how Green threw a puppy off the roof of a building and then set it on fire.

 

Captain John Goodwin, the company commander, said Green was a "troubled soldier" who had "some serious anger issues".

 

Cross told the hearing how soldiers took Iraqi cough syrup which "makes you feel high" to relieve stress. "Everybody was very depressed. It was (an) outlet to release," he said.

 

An Iraqi army medic told the hearing on Sunday he entered the Iraqi family's house and found the body of the girl naked and burned from the waist up, with a single bullet wound beneath her left eye.

 

A fifth soldier, Sergeant Anthony Yribe, is charged with dereliction of duty and making a false statement.

 

"She was young and attractive. They knew where she was because they had seen her on a previous patrol. She was close. She was vulnerable," said Pickands.

 

David Sheldon, a civilian lawyer for Barker, focused on Green in his closing argument.

 

"When you put an individual like that in a stressful situation, he becomes a canister of gas waiting to explode," said Sheldon. "There was no meeting of the minds. That was a plan that Green executed and the soldiers are not responsible."

 

The hearing was adjourned.

 

© Reuters 2006. All Rights Reserved.

 

External link: http://today.reuters.com/News/CrisesArticle.aspx?storyId=GEO881864

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