|
The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
|
March 11th,
2007 - Tennessee Soldier on Trial for Murdering Iraqi Captives |
|
Tennessee Soldier on Trial
for Murdering Iraqi Captives By Kristin M. Hall Associated Press March 11, 2007 Fort Campbell, Ky. - The
question at the heart of Staff Sgt. Ray Girouard's murder trial is this: Who
ordered the killing of three Iraqi captives? Military prosecutors say it
was Girouard, a 24-year-old squad leader who told his soldiers to cut the
detainees free, kill them and then cover up the crime by faking an attack. Girouard denies giving such
an order and has pleaded not guilty to murder charges. His trial is expected
to start Tuesday at Fort Campbell on the Kentucky-Tennessee line. Girouard is the last and
most senior soldier from the 101st Airborne Division to face trial for the
killings May 9 during a raid on a suspected insurgent camp outside of
Samarra, Iraq. Two other soldiers charged
with murder in the incident - Spc. William B. Hunsaker and Pfc. Corey Clagett
- pleaded guilty, cooperated with prosecutors and got reduced prison terms. During their trials, both
men said Girouard ordered the killings. "Staff Sgt. Girouard
gave no such order," said Anita Gorecki, Girouard's defense attorney.
"During their trials in which they pled guilty, (Hunsaker and Clagett)
made statements which can only be labeled as fascinating." Hunsaker also testified that
Girouard cut him on the face and arm to make it appear there was a struggle
after Hunsaker and Clagett killed the detainees. Another soldier, Spc. Juston
R. Graber, testified that he shot one of the dying detainees after they had
been wounded, but didn't witness the initial shooting. The soldiers had previously
told investigators they were given rules of engagement by 3rd Brigade
commander Col. Michael Steele to kill all military-age men. Steele has denied
this, but invoked his right not to testify during a previous hearing in Iraq. A judge ruled last week that
Steele won't be forced to testify, but defense attorneys could cross examine
the witnesses about their understanding of Steele's order. Gene Fidell, president of
the National Institute of Military Justice, said soldiers testifying they
were just following orders or rules of engagement has become a common legal
argument in military trials. But it's not always an
effective argument, said Fidell, who also practices military law in
Washington. "If an order is illegal
or commonly understood to be illegal, then it's not a defense that you acted
in compliance of that order," Fidell said. "The fact that such an
order was given doesn't necessarily get anyone off the hook." Girouard's family and friends
in Sweetwater, Tenn., have rallied around their soldier, saying the
allegations don't make sense for a highly trained Army Ranger who had just
begun a promising military career. "He tried to teach all
of his men everything he knew about being a Ranger, just to prepare them for
what they were going to go into," his grandfather, Ron Bentley, told The
Associated Press in an interview last month. Girouard and his squad
expected a dangerous mission after being warned by intelligence officials
that at least 20 al-Qaida operatives were hiding on the marshy island,
according to sworn statements to investigators. Pfc. Bradley Mason, who
testified that Girouard threatened him to keep quiet about the killings, said
Steele told the soldiers that the area was considered "hot" and
they should be prepared for fire. Girouard said the soldiers
didn't find anyone until they moved to the northern half of the island, where
they shot and killed a man they saw in a window and found three other men
hiding behind two women. After taking the men into
custody, Hunsaker and Clagett told investigators the detainees attacked them
with a knife, stabbing Hunsaker and hitting Clagett. Girouard said he didn't
see the shooting, but told investigators he believed their initial story about
the attack. Girouard's grandfather said
he holds no grudge against the other soldiers for taking plea deals and
changing their story. "I could understand the
pressure that the military was putting on them," Bentley said.
"They were facing life in prison. The government offers sweetheart
deals." Hunsaker and Clagett were
sentenced to 18 years in military prison. Graber pleaded guilty to aggravated
assault and was sentenced to nine months. Girouard could face life in
prison without the possibility of parole if convicted. "I look forward to
Raymond being set free, but the more I understand about the military, you're
still kind of worried," Bentley said. External link: http://www.jacksonville.com/apnews/stories/031107/D8NQ4J603.shtml |