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August 29th, 2006 - Attorneys Want Officials Gagged in Ex-Soldier's Murder Case

News article by the Associated Press

Summary of the Mahmudiya Massacre

Attorneys Want Officials Gagged in Ex-Soldier's Murder Case

 

Brett Barrouquere

Associated Press

Tue, Aug. 29, 2006

 

Louisville, Ky. - Federal officials should be barred from speaking about the case of a former soldier charged with raping and killing a 14-year-old Iraqi girl, defense attorneys said.

 

Attorneys for former Army private Steven D. Green said in court documents that a gag order is necessary because federal officials have had a "cavalier" attitude toward commenting on high profile cases.

 

Without the order, the U.S. Department of Justice, President Bush and Vice President Dick Cheney will continue to selectively comment on the case, the attorneys wrote in a brief filed Monday in federal court in Louisville. Green's attorneys, federal Public Defenders Scott Wendelsdorf and Patrick Bouldin, want U.S. District Judge Thomas B. Russell to bar all administration officials from talking about Green's case.

 

Federal prosecutors have said a gag order is unnecessary and would hamper the ability of administration officials to talk with Iraqi officials about the case and other incidents.

 

The gruesome rape and killing of Abeer Qassim al-Janabi, along with the murders of her 5-year-old sister and parents, bolstered Iraqi allegations of misconduct by American soldiers, including illegal killings, beatings and inhuman treatment.

 

Investigators said Green, 21, and other soldiers from the Fort Campbell, Ky.-based 101st Airborne Division plotted to rape the girl in the village of Mahmoudiya. Green is accused of being the triggerman in the shooting of three of the family members in a room of the girl's house before she was raped and killed.

 

He was arrested June 30 in North Carolina, and he has pleaded not guilty to one count of rape and four counts of murder in Kentucky.

 

The U.S. Army said five soldiers will face an Article 32 investigation, similar to a grand jury hearing in civilian law. The Article 32 proceeding will determine whether there is enough evidence to place them on trial.

 

One of the soldiers was charged with failing to report the attack but is not believed to have participated in it directly, the statement said. The four facing murder charges could receive the death penalty if convicted.

 

Green served 11 months with the 101st Airborne Division. He received an honorable discharge and left the army in mid-May. He was discharged because of an "anti-social personality disorder," according to military officials and court documents.

 

External link: http://www.contracostatimes.com/mld/cctimes/news/nation/15389291.htm

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