The War Profiteers - War Crimes, Kidnappings, Torture and Big Money

 

March 12th, 2007 - Judge Lets Indictment Stand Against Ex-Soldier

News article by the Associated Press

Summary of the Mahmudiya Massacre

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

Back to news & media - year 2007

Back to main archive

Back to main index