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March 15th, 2007 - Girouard Takes the Stand

News article by the Monroe County Advocate & Democrat

Summary of the Thar Thar Killings

Girouard Takes the Stand

 

By Mia Rhodamer

The Monroe County Advocate & Democrat

March 15, 2007

 

Fort Campbell, KY. - Staff Sgt. Raymond Girouard said he didn’t order the killings of three Iraqi detainees last May but tried to help his men cover up their crime after it happened. “I was shocked it happened,” he said. “It’s the first time ever I did not know what to do.”

 

Girouard’s long-awaited testimony came in dramatic form as he took the stand Thursday afternoon in his own defense.

 

He admitted to punching one solider and cutting another to help them make it look like the three Iraqi men were shot in self-defense. “I had to help him be believable,” Girouard said of his efforts to cut the arm and face of Pvt. William Hunsaker. “He had screwed up real bad. I knew he was going down real hard.”

 

Girouard completely contradicted the testimony of the soldiers who had testified against him.

 

The 24-year-old Sweetwater High graduate also said he never ordered one soldier to shoot a dying Iraqi detainee to put him out of his misery.

 

Giroaurd testified he had come back from a land zone and was about to enter the house where the Iraqi detainees were captured when he heard gunshots.

 

Girouard said when he came around the house to where the shots were fired he saw Pvt. Corey Clagett and Hunsaker, who he said was in a crab-like position on the ground.

 

According to Girouard, Hunsaker said, “They cut me, sergeant.” When he asked Hunsaker who had cut him, he said it was the detainees, Girouard said.

 

Girouard said he knew that was not true. And to that, Giroaurd said Hunsaker replied over and over, “ We shot them, sergeant, we shot them.”

 

Girouard said it was Hunsaker who said they should kill the “terrorist” when the troops held a meeting during the middle of the operation. The Sweetwater soldier’s testimony was still ongoing late Thursday afternoon.

 

His supporters were elated his time to speak had come. “Now it’s his turn to tell the world,” said Girouard’s sister, Joy Oaks, who gave her brother a thumbs-up and nodded her head as the defense presented his case Wednesday. Girouard is the last and most senior ranking soldier of the three 101st Airborne members charged with killing three Iraqi detainees during a military operation north of Baghdad.

 

Before the case recessed Wednesday the judge, Col. Theodore Dixon, approved the defense’s motion to dismiss a larceny charge. Girouard was charged with illegally taking the weapon in the first house where the detainees were found. Defense attorney, John Merriam, argued it is routine for soldiers to seize weapons when they take prisoners.

 

However, the judge denied a request to dismiss the violation of a general order charge. That charge also stems from Girouard’s possession of the handgun. Military code prohibits the possession of a private firearm. The other charges against Girouard are three counts of pre-meditated murder, one count attempted pre- meditated murder, conspiracy to commit murder, obstruction of justice and conspiracy to obstruct justice. “Everybody wants to hear it from him,” Girouard’s civilian attorney Anita Gorecki said before he took the stand. “It hinges on him and his testimony.”

 

She expected to rest her case Thursday afternoon with the panel, the military equivalent of the jury, receiving its instructions Friday. She said there could be a verdict by Saturday morning with sentencing next week. Testimony early Thursday from medic Micah Bivins was particularly chilling.

 

He described the condition of one of the wounded detainees he found and how he was shocked the man was still alive.

 

“That freaked me out,” he said. “Because there was no way, I was standing in brains.”

 

But testimony revealed the wounded Iraqi was not the man another U.S. soldier pleaded guilty to shooting in a “mercy” killing." Gorecki said two expert witnesses were flying in Wednesday evening. She described one of the witnesses as a “CSI” who specializes in ballistics, blood splatters and firearms. The other witness is a pathologist.

 

On Wednesday, the prosecution called to the stand Col. Eric Berg, the chief pathologist at Fort Campbell. Berg testified it was likely a bullet wound just below the left eye that fatally wounded one of the detainees. It was that detainee Pvt. Juston Graber says Girouard told him to kill.

 

Graber said he had taken a fourth detainee to the landing zone when he heard gunshots and sprinted back to the house. He said he saw Hunsaker in the doorway of the house. Defense attorney Ted Miller asked if Hunsaker was yelling, “I’m cut.” Graber replied, “Yes sir.”

 

Graber said Hunsaker kind of staggered and leaned against the doorframe. He said Girouard told Hunsaker to get on the ground and he did.

 

He also described the position of the detainees - one was lying face down with another lying on top of him face up. He said the one lying face down “puked up a lot of blood.” He said he also heard one of them gasping for air.

 

The other detainee was lying a couple of feet away. Graber said he called the medic, who told him there was nothing he could do for the detainee, meaning the one lying on top.

 

“I looked at Staff Sgt. Girouard,” Graber said. “He said, ‘Go ahead and put him out of his misery.’”

 

He said his first shot missed and two or three seconds later he shot the detainee just below the left eye. “I saw the hole under his eye and the pool of blood under his head.”

 

During cross-examination, Miller had Merriam lie on the floor while Graber aimed an assault weapon at him to demonstrate how he stood over the detainee when he shot him.

 

As part of his plea agreement, Graber pleaded guilty to aggravated assault in what has been described as the “mercy killing” of the detainee. He received a nine-month sentence.

 

Graber also testified it was Hunsaker and Clagett who wanted to kill the Iraqi men because they were terrorists. Clagett and Hunsaker also were charged with the murder of the detainees, and faced the possibility of life without parole, just as Girouard does. However, they pleaded guilty and received 18-year sentences.

 

Clagett, Hunsaker, Sgt. Leonel Lemus and Spc. Bradley Mason all testified on Tuesday that Girouard called a meeting of the squad. Clagett and Hunsaker said Girouard ordered them to cut the zip ties from the detainees’ wrists, tell them to run and shoot them.

 

During his testimony Wednesday, Graber said the soldiers were given the option to go along with the plan.

 

The meeting has been described as a “football huddle.” Graber said Girouard spoke to them in a normal tone of voice during the meeting.

 

Miller asked him, “So nothing in particular in that meeting stood out to you?”

 

“That’s correct sir.”

 

Graber also said he never heard Girouard say First Sgt. Eric Geressy wanted the men dead. In testimony Tuesday, the other soldiers said Girouard radioed the first sergeant and said he “was pissed because these guys aren’t dead” and told them to “make it look good” when they killed the detainees.

 

On Wednesday, the defense called Staff Sgt. Thomas Kemp, the squad’s radio operator. Kemp testified that Girouard’s radio had not been working properly. Kemp said his radio was the only one working that day.

 

Gorecki said Kemp’s testimony was critical because it set the time line. Part of the radio operator’s job is to keep a log. According to Kemp’s log it was only four minutes from the time Lt. Wehrheim left the scene and when the shootings took place. Wehrheim testified when he left the scene all four detainees were alive.

 

She said that if the other soldiers’ testimony is accurate that would mean during those four minutes Girouard took one of the detainees to the landing zone, returned to the house, gathered his men together for a meeting, planned and carried out the murders.

 

“Short of Staff Sgt. Girouard being James Bond, I don’t see how it was possible,” she said in a press conference following Wednesday’s testimony. Before the recess, the defense also called Pvt. Zach Hicks, a Marine who was in the brig in Charleston with Hunsaker and Girouard.

 

He recalled Hunsaker telling him Girouard had nothing to do with the shootings, but that he would say he did so he would get a lesser sentence.

 

External link: http://monroe.xtn.net/index.php?table=news&template=news.view.subscriber&newsid=138563

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