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March 14th, 2007 - Did an Army Sergeant Order Murder?

News article by Time Magazine

News article by the Los Angeles Times

Summary of the Thar Thar Killings

Did an Army Sergeant Order Murder?

 

By Theo Emery

Time Magazine

March 14, 2007

 

Fort Campbell is a long way from the island in the Thar Thar Canal, north of Baghdad. But a court-martial at the U.S. military base, which straddles Kentucky and Tennessee, has begun to examine in detail what happened in that Iraqi locale in May 2006, with polarizing consequences for the way Americans perceive the way the war is being waged.

 

Staff Sergeant Raymond L. Girouard, 24, went on trial Tuesday, defending himself against charges of premeditated murder, obstruction of justice and other charges for ordering soldiers in his squad to kill three unarmed Iraqi detainees and conspiring to cover up the deaths. The case is one among several that have inflamed critics of the U.S. The prosecution has also stirred anger among Girouard's hometown supporters, who say he is being made a scapegoat in the case.

 

The question at the heart of Girouard's case is whether he ordered three Iraqi men killed during a raid last May in the Thar Thar Canal. During the raid, soldiers took four men captive. Shortly before the soldiers were supposed to pull out, three of the detainees were allegedly shot by two soldiers in Girouard's squad, Corey R. Clagett and William B. Hunsaker. One of the three Iraqis who did not die right away was allegedly shot point-blank by another soldier, Juston R. Graber, in what's been described as a mercy killing. Initially, squad members claimed that the detainees attacked Hunsaker and Clagett, and were shot as they tried to escape. But Capt. Joseph Mackey, a military prosecutor, has called that story a "fiction."

 

Mackey said that when a report of the three detainees was radioed in to the base, an irate officer supposedly asked why the men had not been killed. Soldiers have also testified that before the raid, commanders had instructed them to leave no military age men alive on the island.

 

Hunsaker testified on Tuesday that Girouard called his squad members in for a meeting after the detainees had been readied for transport. There, according to Hunsaker, Girouard told them about what the officer had said, adding: "He tells us cut the ties (on the detainees wrists), let them loose, and shoot them."

 

After the men were shot, said Hunsaker, Girouard slashed Hunsaker's face and punched Clagett, apparently to give them the appearance that they'd been injured by the detainees, saying, "it's got to look good," Hunsaker recalled. Clagett also testified that Girouard told them to shoot the detainees. A recent arrival to the squad, Clagett said he agreed because he felt that it was a kind of "initiation."

 

Not all soldiers present believed Girouard was serious. Sgt. Leonel Lemus said he walked away thinking Girouard was kidding. Another soldier, Specialist Bradley Mason, testified on Tuesday that he questioned the plan, and then told him that it would be murder. When rumors began to circulate afterward, Girouard allegedly threatened his squad, saying he would kill anyone who confessed. "He told me that if I said anything, he'd kill me," Mason said. "Eventually," Capt. Mackey, the prosecutor, said, "people did start talking."

 

Graber was the first of the soldiers to change his story. After he pleaded guilty in January to aggravated assault, he received nine months in prison. Clagett and Hunsaker both pleaded guilty to murder shortly after, and received 18-year prison sentences. All three are cooperating in the prosecution of Girouard.

 

Anita Gorecki, Girouard's civilian attorney, said that her client did not order the men shot, but only tried to help his fellow soldiers afterward by covering it up. He would take the stand in his own defense, she said. "He realized that they had killed these three detainees, and in that moment, yes, he decided to help his squad members," she said.

 

The court martial, however, is unlikely to answer another question: whether the men were killed because superior officers had, in essence, suggested that no military age Iraqi men should be left alive in the raid of what was believed to be an insurgent stronghold. The defense has been complicated by the fact that the commanding officer, 3rd Brigade Commander Col. Michael Steele, will not testify at the trial. Col. Steele gained recognition for heroism in Somalia in 1993, actions later depicted in the book and movie Black Hawk Down

 

Eugene R. Fidell, president of the National Institute of Military Justice, said the defense will likely be difficult. Still, he said, "no one should rush to judgment on these things. Let due process unfold." Said Fidell: "Every one of these cases is important. It's important for the army. It's important for the war effort. It's important for our allies, and it's important for people around the world who view us in a hostile vein or a disappointed vein." The court-martial is expected to last through Saturday and likely into next week, with a separate sentencing trial to follow if Girouard is convicted.

 

External link: http://www.time.com/time/nation/article/0,8599,1599120,00.html


101st Airborne Soldier’s Murder Trial Opens

Two squad members testify that Staff Sgt. Raymond L. Girouard ordered three unarmed Iraqis killed.

 

By David Zucchino

Los Angeles Times

March 14, 2007

 

Ft. Campbell, KY. - The central fact in the court-martial of Staff Sgt. Raymond L. Girouard is undisputed: Three unarmed Iraqi men detained during an operation northwest of Baghdad on May 9 were shot and killed.

 

Precisely how and why those three Iraqis ended up dead formed the core of opening arguments Tuesday in a complex case that has pitted members of a 101st Airborne Division squad against one another.

 

A military prosecutor told a seven-member Army jury that Girouard, the squad leader, ordered his men to cut loose the detainees and shoot them as they fled. The prosecutor, Capt. Joseph Mackey, said Girouard then conspired to stage the murder scene to make it appear that the detainees had attacked soldiers guarding them.

 

"This is a case of fact versus fiction," Mackey said. "The facts will reveal that Staff Sgt. Girouard orchestrated, planned and had his subordinates carry out the murders of three Iraqi detainees."

 

Girouard's civilian attorney, Anita Gorecki, denied that he gave any such order. Two soldiers who actually killed the detainees - "the trigger-pullers," she said - have falsely implicated Girouard in order to receive reduced sentences under plea bargains, she said.

 

"What you will hear out of them will be fiction," Gorecki said.

 

Pvt. William B. Hunsaker and Pfc. Corey R. Clagett, testified Tuesday that Girouard told them to cut off the detainee's plastic zip ties, order them to run, then shoot them. Minutes later, they said, they killed the men.

 

The soldiers first told investigators that they fired in self-defense after the detainees attacked them and tried to flee.

 

Asked by a prosecutor why he changed his story, Hunsaker said, "I got tired of lying about it. I didn't want to spend the rest of my life in prison for the deaths of what, in my eyes, were three terrorists."

 

Describing the death of one detainee, Hunsaker said: "I took aim and … hit him in the midsection, where his heart should be." Asked by Gorecki whether he felt remorse, he replied, "No, Ma'am."

 

Afterward, Hunsaker and Clagett testified, Girouard punched Clagett and sliced Hunsaker's face and arm with a knife to make it appear that the detainees had attacked them.

 

Girouard, 24, is charged with premeditated murder, conspiracy and other crimes. He faces up to life in prison without parole.

 

Both Hunsaker and Clagett agreed to testify for the government as part of plea agreements in which they were sentenced to 18 years in prison. They had faced life without parole if convicted.

 

Two other squad members also implicated Girouard, testifying that he threatened to kill anyone who told authorities about the alleged conspiracy. Prosecutors used that testimony to explain why Hunsaker, Clagett and other government witnesses first lied about the killings.

 

The defense maintained that commanders gave an order to kill all military-aged males the unit encountered on an island in Tharthar Lake, 60 miles northwest of Baghdad, a suspected Al Qaeda base.

 

Hunsaker said that his brigade and company commanders issued the order - and that the brigade commander offered knives and unit coins as rewards for killing Iraqis. A lawyer for the brigade commander, Col. Michael Steele, denied the allegations.

 

Hunsaker and two other soldiers said that when Girouard first reported over the radio that he was holding detainees, the unit's first sergeant told him the Iraqis should have been killed.

 

Hunsaker said Girouard called a hasty squad meeting and told his men: "The first sergeant, he's pretty pissed these guys aren't dead," referring to the detainees. "He wants them dead. Make it look good."

 

External link: http://www.latimes.com/news/printedition/asection/la-na-soldier14mar14,1,1298423.story

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