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February 23rd, 2007 - Lawyer Says Soldier Did Not Give Order To Kill Prisoners

News article by the Monroe County Advocate & Democrat

Summary of the Thar Thar Canal Killings

Lawyer Says Soldier Did Not Give Order To Kill Prisoners

 

By Tommy Millsaps

The Monroe County Advocate & Democrat

February 23, 2007

 

With the March 13 court martial date fast approaching, the counsel for 24-year-old Staff Sgt. Raymond Girouard is preparing a vigorous defense.

 

The 101st Airborne solder from Sweetwater stands charged with pre-mediated murder in the connection with the May 9, 2006, shooting deaths of three Iraqi detainees during operations at a chemical complex about 65 miles north of Baghdad.

 

Three other soldiers charged in connection with the shootings have already pleaded guilty to lesser charges and stand poised to testify against the 2001 Sweetwater High School graduate.

 

At least one of the other soldiers will testify Girouard ordered the men to kill the three Iraqi detainees, according to published reports.

 

But Girouard’s civilian attorney, hired with funds raised by the Monroe County community, said her client has no plans to plea and his defense is quite simple.

 

“Sgt. Girouard did not order anyone to kill those Iraqi detainees,” said attorney Anita Gorecki. “He did not give an order period.”

 

Gorecki is a former Army JAG officer from Fayetteville, N.C.

 

She is now a private attorney who represents military personnel.

 

Gorecki said she has handled murder cases before and is no stranger to a military courtroom, which is considerably different from a regular courtroom.

 

According to Gorecki, the jury is a military panel usually made up of at least five military members.

 

She said the panel generally consists of five to eight members and only two-thirds of the members have to agree on the verdict.

 

Two current military attorneys, Capt. Ted Miller and Capt. John Merriamn, also wil represent Girouard.

 

Girouard, an Army Ranger who was serving a second tour of duty in Iraq when he was charged, faces a sentence of life in prison without parole or could serve life in prison with a chance for parole if convicted of the most serious charges against him.

 

At this point, Gorecki said she is not sure if she will argue that Girouard and the other troops had orders from their superiors to kill all military-age males.

 

The defense attorney also said she is not sure yet if she will argue that the three Iraqi detainees were shot while attempting to escape.

 

The judge has cleared his calendar for up to 14 days for Girouard’s court martial.

 

Gorecki said she expected the trial to last about 10 days with up to 11-hour days of testimony at Fort Campbell, Ky.

 

The attorney said she visited Girouard last week where he is being held at a Naval prison in Charleston, S.C. “He is extremely postive,” she said. “He’s extremely appreciative of the community’s efforts to support him.”

 

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