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December 13th, 2007 - Defense Asks for More Time in Ex-Soldier’s Iraq Rape-Slaying Case

News article by the Associated Press

Summary of the Mahmudiya Massacre

Defense Asks for More Time in Ex-Soldier’s Iraq Rape-Slaying Case

 

By Ryan Lenz

Associated Press

December 13, 2007

 

Louisville, Ky. - Defense attorneys for a former soldier accused of raping a 14-year-old Iraqi girl and killing her and her family asked Thursday for more time to prepare an adequate defense.

 

Attorneys for Stephen D. Green of Midland, Texas, argued during a hearing, and in a motion filed Thursday, for more time to locate and interview witnesses, to do background investigations and to analyze information.

 

Attorneys asked for a trial date no earlier than April 2009 "to insure that both the United States and the defense can be adequately prepared" for the trial, according to the motion.

 

Federal prosecutors have asked for an Aug. 4, 2008 trial date for Green, a former 101st Airborne Division private charged with rape and murder in the March 2006 attack.

 

Green attended the hearing Thursday wearing a blue shirt, red sweater vest and loose khaki pants. He was shackled at the ankles but his hands were free, and he laughed with attorneys before the hearing began.

 

Green's attorney, Patrick Bouldin, said attorneys should be allowed ample time to prepare for trial, due to the unique nature of the investigation focusing on a crime at war.

 

"Death is different, we all know that it is, but that makes Mr. Green's different than his co-accused," Bouldin said.

 

U.S. District Judge Thomas Russell said he would decide next week on a trial date.

 

Green has pleaded not guilty to the charges and has been held in Kentucky without bond.

 

The defense motion cites insanity as a possible defense, and said psychiatric experts "have requested considerable additional information in order to render their professional opinions."

 

The motion said Green had a family history of mental illness and said he had "survived chronic and severe childhood maltreatment," but did not elaborate.

 

Green, 22, is accused of being a central figure in slaying the family in Mahmoudiya, a village about 20 miles south of Baghdad. He is the last of five 101st Airborne Division soldiers to face trial.

 

Green was charged in federal court because he was discharged from the Army for anti-social personality disorder before being accused of the crimes. He served 11 months with the 101st, which is based at Fort Campbell on the Kentucky-Tennessee border.

 

Defense attorneys also argued that having the trial in federal court, where prosecutors have said they intend to seek the death penalty if he is convicted, makes the case "unusual and complicated" for crimes at war.

 

In the 1 1/2 years since the allegations surfaced, four soldiers have stood trial in military courts-martial. Two made plea agreements with military prosecutors for sentences ranging from 90 to 100 years. A third soldier was sentenced to five years in prison but will not serve more than 27 months.

 

A fourth soldier, who challenged the charges, was sentenced to 110 years.

 

© 2007 The Associated Press

 

External link: http://www.chron.com/disp/story.mpl/ap/tx/5377010.html

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