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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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February 12th,
2007 - Prosecutors Sought Calls, Family Testimony in Iraq Slaying Case |
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Prosecutors Sought
Calls, Family Testimony in Iraq Slaying Case Brett Barrouquere Associated Press February 12, 2007 Louisville, Ky. - Phone
calls made from jail by a former Army soldier were recorded and subpoenaed by
the federal grand jury that charged him with rape and murder, federal
prosecutors said in court documents made public Monday. Steven D. Green made the
calls to his family in Texas from the Grayson County Jail in central
Kentucky. The documents do not say specifically what federal prosecutors were
listening for, only that Green had no expectation of privacy in making calls
from a jail phone. The calls and subpoenas
issued to four of Green's family members in Midland, Texas, were at the
center of a legal fight leading to the grand jury's decision to indict Green
on Nov. 1. The records were unsealed Monday by U.S. District Judge Thomas
Russell at the request of prosecutors. Green, 21, is charged with
raping a 14-year-old Iraqi girl and killing her and her family - among the
worst atrocities allegedly committed by U.S. military personnel in Iraq. Green is accused of being
the ringleader of a group of five Fort Campbell-based 101st Airborne Division
soldiers charged in the killings last year of 14-year-old Abeer Qassim
al-Janabi, her parents and younger sister. The release of the documents
coincides with a meeting between Green's attorneys, federal public defenders
Scott Wendelsdorf and Patrick Bouldin, and federal prosecutors about whether
the death penalty will be sought for the one-time soldier. Green is being prosecuted in
federal court because he was arrested after being discharged from the Army
for a personality disorder. Much of the legal wrangling
involved subpoenas for Green's father, stepmother, brother and sister.
Prosecutors said they wanted the four to testify about any statements Green
may have made, as well as his "intent" and "mental state, and
relatives may be in the best position to provide such evidence,"
prosecutors wrote. Prosecutors also sought any
correspondence between Steven Green and his brother, Doug, from May 2005
through October 2006. Wendelsdorf and Bouldin
opposed the subpoenas, saying prosecutors were on a fishing expedition for
information the defense may use during any penalty phase in the trial. The defense attorneys said
prosecutors' questions about Green's life and mental state are not allowed in
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. But prosecutors often
question family members before a grand jury, particularly in murder cases,
said Andrea Dennis, a University of Kentucky law professor and former federal
public defender in Maryland. There are valid reasons prosecutors would ask
about his intent and mental state, Dennis said. "They're going to have
to demonstrate the crime was premeditated," Dennis said. "They may
also be concerned about an insanity defense, where his mental state would be
relevant." And while questioning family
members can put them in an awkward position, it also locks their story in
under oath if they testify at trial, Dennis said. Any admissions made to
family members about the alleged crime will carry more weight later, because
it was given to someone not in law enforcement, Dennis said. "This is sort of a
trial strategy," Dennis said. Green's attorneys have
previously said prosecutors used the grand jury to subpoena Green's military
and medical records after Green was accused Nov. 1 of raping a 14-year-old
Iraqi girl and killing her family - among the worst atrocities allegedly
committed by U.S. military personnel in Iraq. Prosecutors, in motions filed
Monday, called the allegation unfounded. Four other soldiers were
charged in military courts with allegedly taking part in the attack. The attorney for Sgt. Paul
E. Cortez, 24, said Cortez is expected to plead guilty to rape and
premeditated murder during a hearing next month. 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,
pleaded guilty to rape and murder in November and was sentenced to 90 years
in military prison. Two others - Pfc. Jesse V. Spielman, 22, and Pfc. Bryan
L. Howard, 23 - await courts-martial. External link: http://www.contracostatimes.com/mld/cctimes/news/nation/16683075.htm |