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January 18th, 2007 - Cortez Pleads Guilty in Iraq Rape, Murder Case

News article by the Desert Dispatch

Summary of the Mahmudiya Massacre

Cortez Pleads Guilty in Iraq Rape, Murder Case

 

By Aaron Aupperlee

Desert Dispatch

Thursday, January 18, 2007

 

Barstow - Barstow native Sgt. Paul E. Cortez, 24, has pleaded guilty to a substantial number of the charges against him in connection to a March raping and killing of a 14-yearold Iraqi girl and the killing of her family, his lawyer, William Cassara, said Wednesday.

 

"Sgt. Cortez wanted to take responsibility for his part of what had occurred," Cassara said. "We believe it is in his best interest. The death penalty is off the table now."

 

The plea

 

Cassara could not discuss the details of the plea agreement but said the case is no longer a capital case, meaning Cortez cannot face the death penalty. In an arraignment in November, the military charged Cortez with pre-meditated murder, felony murder, kidnapping, rape and assorted military charges.

 

Another soldier charged in the case, Spec. James P. Barker, 23, pleaded guilty in November and received a sentence of 90 years in prison. Cortez's plea agreement, Cassara said, is similar to Barker's except Barker pleaded guilty to all charges against him.

 

For Cortez, Cassara said, the decision to plea was a tough one. He said no one likes to face the charges Cortez faced, and from the beginning, Cortez wanted to take responsibility for his actions. Cortez has been moved from solitary confinement at the Christian County Jail, a civilian jail near Fort Campbell, to the general population, where, Cassara said, "He is doing fairly well."

 

In late December, Cortez submitted the plea agreement to the commanding general of Fort Campbell, Ky., Maj. Gen. Jeffrey J. Schloesser. According to Cassara, the plea agreement was approved. He could only speculate as to why the military accepted the plea. He said guilty pleas typically cost the military less money and perhaps the military realized it would not get the death penalty in the case.

 

Officials at Fort Campbell could not be reached for comment. A representative from the public affairs office at Fort Campbell said it has been policy not to comment on individual cases in the matter because many are linked. Cortez is one of four Fort Campbell soldiers charged in connection to the rape and killings.

 

The case

 

The four soldiers, Cortez, Barker, Pfc. Jesse V. Spielman, 22, and Pfc. Bryan L. Howard, 23, and former Army private Steven D. Green, 21, were charged in the raping and killing a 14-year-old girl in the village of Mahmoudiya, south of Baghdad. The soldiers then, according to the reports, shot her father, mother and 6-yearold sister and burned their bodies in an attempt to destroy evidence.

 

Green has pleaded not guilty to charges of rape and murder in a civilian federal court in Kentucky. Barker received 90 years in prison for his plea agreement. The death penalty has been dropped against Spielman and Howard is awaiting a new Article 32 hearing, similar to a grand jury hearing in civilian courts.

 

Cortez will still go to trial in February to determine whether or not he is guilty of the charges to which he did not plead guilty. The judge at the trial will also issue a sentence in the case after hearing arguments from both sides. The terms of the plea agreement, unknown to the judge, place limits on the punishment Cortez can receive.

 

After the judge delivers the sentence, the two will be compared, the judge's sentence and the plea agreement, and Cortez will receive the lesser of the two. The trial will begin on Feb. 20 and run for a few days, Cassara said.

 

External link: http://www.desertdispatch.com/2006/11691349362081.html

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