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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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January 19th,
2007 - Ex-Soldier’s Attorneys Claim Prosecutors Abused Grand Jury |
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Ex-Soldier’s Attorneys Claim
Prosecutors Abused Grand Jury By Brett Barrouquere Associated Press Friday, January 19, 2007 7:21 PM PST Louisville, Ky. - Federal prosecutors
have abused the grand jury and its subpoena power in preparing for the trial
of a former Army soldier charged with slaying an Iraqi family, defense
attorneys said Friday. Attorneys for Steven D.
Green, 21, of Midland, Texas, said prosecutors used the grand jury to
subpoena Green's military and medical records after the former soldier was
charged with rape and murder on Nov. 1. Federal public defenders Scott
Wendelsdorf and Patrick Bouldin made the allegations in a motion filed in
U.S. District Court in Paducah. Green is accused of being
the ringleader of a group of five soldiers with the Fort Campbell-based 101st
Airborne Division in the March 12 slayings of 14-year-old Abeer Qassim
al-Janabi, her parents and younger sister in what is considered among the
worst in a series of atrocities allegedly by U.S. military personnel in Iraq. Green's attorneys, who could
not be reached for comment late Friday afternoon, also claim prosecutors used
the grand jury to question Green's family members about his life, medical
history and phone calls Green made while in jail. Bouldin and Wendelsdorf said
that line of questioning is not allowed in a grand jury weighing a case where
the death penalty may be sought. Those background questions are normally
reserved for trial, when jurors can consider mitigating evidence, the defense
attorneys said. Bouldin and Wendelsdorf are
seeking a dismissal of the indictment and sanctions against the prosecutors. Assistant U.S. Attorney
Marisa Ford did not immediately return a message seeking comment late Friday
afternoon. Green was dismissed from the
Army shortly before the allegations surfaced in June. Four other soldiers were
charged in military courts with allegedly taking part in the attack. The attorney for Sgt. Paul
E. Cortez, 24, of Barstow, Calif., said Cortez is expected to plead guilty to
rape and premeditated murder during a hearing next month at Fort Campbell.
Attorney William Cassara would not discuss specific details of the agreement
but said Cortez will no longer face the death penalty. Spc. James P. Barker, 24, of
Fresno, Calif., pleaded guilty to rape and murder in November and was
sentenced to 90 years in military prison. Two others - Pfc. Jesse V.
Spielman, 22, of Chambersburg, Pa., and Pfc. Bryan L. Howard, 23, of Huffman,
Texas - await courts-martial in the case. External link: http://www.nctimes.com/articles/2007/01/20/military/18_15_171_19_07.txt |