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June 29th, 2007 - Court-Martial Delayed for 4th Soldier Accused in Rape-Slaying

News article by the Associated Press

Summary of the Mahmudiya Massacre

Court-Martial Delayed for 4th Soldier Accused in Rape-Slaying

 

By Ryan Lenz

Associated Press

June 29, 2007

 

Fort Campbell, Ky. - A military judge on Friday said he would allow evidence that the fourth of five soldiers accused in the rape and murder of a 14-year-old Iraqi girl had previously said he wanted to hurt Iraqis.

 

Witnesses testified to having heard Spc. Jesse Spielman, 22, of Chambersburg, Pa., saying he wanted Iraqis dead.

 

"I don't care if they live or die. They will either support insurgents or breed insurgents. I want them dead," Pfc. Thomas Doss recalled Spielman saying of three detainees their unit had stopped during a patrol.

 

The hearing was the final opportunity for attorneys to hash out details and evidence before Spielman's court-martial.

 

Among the issues was whether the court would allow into evidence inflammatory statements Spielman made about Iraqis and details of alleged detainee abuse.

 

Prosecutors were asking to introduce evidence that Spielman was present when three detainees were allegedly beaten in March. Sgt. Anthony Yribe, who testified he saw the detainees bleeding, said Spielman's unit had an understanding about who was able to "lay it on" Iraqis in their custody.

 

Lt. Col. Stephen Henley, the military judge, left open the possibility the testimony would not be allowed during the court-martial if the evidence presented then does not support it.

 

Henley also said Spielman's court-martial will begin July 30, one week later than originally planned, because of scheduling conflicts for defense witnesses.

 

Prosecutors do not allege that Spielman took direct part in the rape of Abeer Qassim al-Janabi or the murder of her and three others in her family. Instead they contend he was aware of a plan to attack the family and came along with the others near a checkpoint south of Baghdad on March 12, 2006.

 

The comments introduced as evidence show motive for Spielman to have been involved in the rape, prosecutors said.

 

"Really this case boils down to whether he shared in the criminal purpose and design" of the attack, said Maj. William Fischbach, the military prosecutor.

 

But another witness, Lt. Col. Karen Marrs, a psychiatric nurse who treated many in Spielman's unit for combat stress, refuted prosecutors' claims that wishing violence - called homicidal ideations - signaled a plan to hurt or kill Iraqis.

 

"Homicidal ideation does not imply either intent or plan" to carry out an attack, Marrs said.

 

Spielman faces up to life in prison without parole if convicted on rape and murder charges.

 

Three other soldiers have been convicted in the attack during the 101st's yearlong deployment.

 

Former private Stephen Green of Midland, Texas, faces charges of rape and murder. He will be tried in federal court because he had been discharged from the Army before allegations arose that U.S. soldiers were involved in the attack.

 

A trial date for Green has not been set, and prosecutors are awaiting word from the U.S. attorney general on whether to seek the death penalty.

 

The killings in Mahmoudiya, a village about 20 miles south of Baghdad, were among the worst in a series of alleged attacks on civilians and other abuses by military personnel in Iraq.

 

Investigators said the soldiers killed three in the family before raping the girl and setting fire to her body to destroy evidence.

 

External link: http://www.chron.com/disp/story.mpl/ap/tx/4933629.html

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