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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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March 12th,
2007 - Judge Lets Indictment Stand Against Ex-Soldier |
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Judge Lets Indictment Stand Against
Ex-Soldier By Brett Barrouquere Associated Press March 12, 2007 Louisville, Ky. -
Prosecutors did not abuse their subpoena power before and after charging a
former U.S. soldier with raping an Iraqi girl and killing her family, a
federal judge ruled. U.S. District Judge Thomas
B. Russell, in a seven-page opinion released Monday, let stand the rape and
murder charges against Steven D. Green, a former soldier with the 101st
Airborne Division. Green, 21, is accused of
being the ringleader of a group of five soldiers in the March 12, 2006
killings of 14-year-old Abeer Qassim al-Janabi, her parents and younger
sister - considered to be among the worst atrocities allegedly committed by
U.S. military personnel in Iraq. His attorneys, federal
public defenders Scott Wendelsdorf and Patrick Bouldin, sought to have the
indictment dismissed, saying prosecutors used the grand jury to subpoena
Green's military and medical records after Green was indicted on Nov. 1. The attorneys also said
prosecutors improperly used the grand jury to explore possible mitigating
evidence that Green could present if the death penalty is sought in the case.
Prosecutors have not announced a decision about whether they will seek the
death penalty for Green. Russell said there is no
evidence prosecutors acted illegally in dealing with the grand jury. As for
seeking possible mitigating evidence, the same evidence could also show if
Green was able to know right from wrong and form the intent to harm someone,
Russell wrote. Those are key pieces of information in deciding how to charge
someone, Russell wrote. Green was dismissed from the
Army shortly before the allegations surfaced in June. Four other soldiers were
charged in military courts with allegedly taking part in the attack. Sgt. Paul E. Cortez, 24, was
sentenced to 100 years in prison for his involvement in the attack. Cortez
was also given a dishonorable discharge and will be eligible for parole in 10
years under his plea agreement. Spc. James P. Barker, 24,
pleaded guilty to rape and murder in November and was sentenced to 90 years
in military prison. Two others - Pfc. Jesse V. Spielman, 22, and Pfc. Bryan
L. Howard, 23 - await courts-martial. External link: http://www.contracostatimes.com/mld/cctimes/news/nation/16888195.htm |