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August 1st, 2007 - Soldier Testifies Against Colleague in Rape-Slaying Case

News article by the Associated Press

Summary of the Mahmudiya Massacre

Soldier Testifies Against Colleague in Rape-Slaying Case

 

By Ryan Lenz

Associated Press

August 1, 2007, 3:10PM

 

Fort Campbell, Ky. - A soldier charged in the killings of a 14-year-old Iraqi girl and her family stood over his colleagues as they raped the girl and pointed his weapon at the door for security, another soldier testified Wednesday.

 

Pfc. Jesse Spielman, whose court-martial entered its third day Wednesday, was within a few feet of the others as they held the girl down kicking and screaming, and he did nothing to stop them, Sgt. Paul E. Cortez testified.

 

Military prosecutor Maj. William Fischbach asked Cortez if Spielman objected to the rape.

 

"When, if ever, does Spielman say, 'My God, Cortez, what are you doing?'"

 

Cortez, his lips trembling, replied: "He doesn't."

 

Cortez previously pleaded guilty to the March 2006 attack on Abeer Qassim al-Janabi and her family and was sentenced to 100 years behind bars. Two other soldiers convicted in the attack also were expected to testify against Spielman.

 

A fourth accused soldier, Steven D. Green, was discharged from the military before he was charged and could face the death penalty if found guilty in federal court in Kentucky. Green grew up in Midland, Texas.

 

Prosecutors do not allege that Spielman took part in the girl's rape or the killings of her, her sister and their parents. He was charged with rape and murder under a military law that allows the charges if prosecutors can prove he went to the house knowing what the others intended to do.

 

The other soldiers have told investigators that Spielman, 22, of Chambersburg, Pa., knew of the plan to rape the girl and was present when they worked out details over whiskey.

 

Defense attorneys said in their opening statements that the soldiers testifying against Spielman have given contradictory accounts. In its cross-examination of Cortez, the defense questioned whether intoxication and combat stress might have affected his memory.

 

Cortez told military investigators that another soldier closed a door to the bedroom after separating the girl from her parents and sister. In another statement, however, he said Spielman closed the door and held it shut.

 

© 2007 The Associated Press

 

External link: http://www.chron.com/disp/story.mpl/ap/nation/5019128.html

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