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February 23rd, 2007 - Soldier Gets 100 Years in Prison in Rape of Iraqi Girl

News article by the Associated Press

News article by Al Jazeera

Summary of the Mahmudiya Massacre

Soldier Gets 100 Years in Prison in Rape of Iraqi Girl, Killing of her and her Family

 

By Rose French

Associated Press

February 23, 2007

 

Fort Campbell, Ky. – A U.S. soldier sentenced to 100 years in prison for the gang rape and murder of an Iraqi girl and killing of her family said he was sorry but that he couldn't explain why he did it.

 

Sgt. Paul E. Cortez, 24, wept as he apologized at his sentencing hearing Thursday for raping 14-year-old Abeer Qassim al-Janabi and taking part in killing her and her family.

 

“I still don't have an answer,” Cortez told the judge. “I don't know why. I wish I hadn't. The lives of four innocent people were taken. I want to apologize for all of the pain and suffering I have caused the al-Janabi family.”

 

Cortez, of Barstow, Calif., pleaded guilty this week to four counts of felony murder, rape and conspiracy to rape in a case considered among the worst atrocities by U.S. military personnel in Iraq.

 

In his plea agreement, he said he conspired with three other soldiers from the Fort Campbell-based 101st Airborne Division to rape the girl.

 

The military judge hearing the case, Col. Stephen R. Henley, issued a sentence of life in prison without parole, the maximum for the charges. Under military law, the defendant is given the lesser sentence unless he violates terms of the plea agreement, which require Cortez to testify against others charged in the case.

 

Psychologist Charles Figley testified that Cortez and the other soldiers likely suffered stress brought on by fatigue and trauma.

 

“It eats you up,” Figley said. “It's a horrible thing. This is not unique. We've seen this in other wars.”

 

Five soldiers who served with Cortez in Iraq testified that his actions were out of character and described the hardships of war they experienced, including sleep deprivation and the lack of running water.

 

“I just never would have seen it coming,” said Staff Sgt. Tim Briggs, who has known Cortez for five years and served with him in Iraq.

 

Prosecutors said the stress was no excuse for the actions of Cortez and the other soldiers from the 101st Airborne Division, based at Fort Campbell.

 

On Wednesday, Cortez described raping the girl in her family's home in Mahmoudiya last March, along with Spc. James Barker, 24. Barker pleaded guilty in November to rape and murder and was sentenced to 90 years in military prison.

 

Barker has said in a sworn statement that the soldiers drank whiskey and played cards while plotting the assault.

 

Cortez said this week that former private Steven D. Green raped the girl before he did. Then Green shot her father, mother and sister before shooting the teen in the head, Cortez said.

 

He also testified that the soldiers tried to burn the girl's body. They burned their own clothes and threw the murder weapon, an AK-47, into a canal in an effort to dispose of the evidence.

 

Cortez was found not guilty of more serious charges of premeditated murder and conspiracy to premeditated murder.

 

Pfcs. Jesse Spielman, 22, and Bryan Howard, 19, await courts-martial. Green, who is accused of being the ringleader but was discharged from the military before being charged, will be prosecuted in a federal court in Kentucky.

 

External link: http://www.signonsandiego.com/news/military/20070223-0242-iraq-rapeslaying.html


U.S. soldier sentenced to 100 years for Iraq rape, killing

 

Al Jazeera

February 23, 2007

 

“I still don’t have an answer,” Sgt. Paul E. Cortez, 24, who was sentenced to 100 years in jail Thursday for the gang rape and murder of the 14-year old Iraqi girl named Abeer Qassim al-Janabi and the killing of her family last year, told the judge.

 

“I don’t know why. I wish I hadn’t. The lives of four innocent people were taken. I want to apologize for all of the pain and suffering I have caused the al-Janabi family.”

 

Cortez, who was previously given a dishonorable discharge, had earlier pleaded guilty to four counts of felony murder, rape and conspiracy to rape in the Mahmoudiya incident that took place in March 2006.

 

At the court, Cortez, who will, according to the U.S. Army, will be eligible for parole in 10 years under the terms of his plea agreement, broke down as he confessed to raping the girl.

 

He admitted that he conspired with his colleagues to rape the 14-year-old, and killing her as well as her parents and younger sister.

 

Cortez said that former private Steven D. Green raped the girl before he did.

 

He said that Green had shot Abeer’s father, mother and sister before shooting her in the head.

 

Spc. James Barker, 24, had pleaded guilty last November to rape and murder charges in Abeer’s case and was sentenced to 90 years in military prison. 

 

Cortez admits raping, murdering Abeer

 

Yesterday, U.S. judge accepted Cortez’s plea to the gang rape of the 14-year-old Iraqi girl and the killing of her and her family in Mahmudiya.

 

Cortez admitted four murders, rape and conspiracy to rape. His plea means he will avoid the death sentence.

 

According to the plea deal, Cortez admitted conspiring with three other soldiers, Private First Class Jesse Spielman, Specialist Barker and Steven Green, a now discharged soldier, to rape Abeer Qassim al-Janabi.

 

Pte Spielman and another man, Bryan Howard, are awaiting court martial on charges related to the crime.

 

Cortez admitted that the plan to rape the girl was hatched as he and his colleagues played cards. He said the girl was an easy target because there was only one male in her house.

 

"During the time me and Barker were raping Abeer, I heard five or six gunshots that came from the bedroom…After Barker was done, Green came out of the bedroom and said that he had killed them all, that all of them were dead."

 

“Green then placed himself between Abeer’s legs to rape her. When Green was finished, he stood up and shot Abeer in the head two or three times.”

 

The horrible crime lasted about five minutes, and the girl knew her parents and sister had been shot while she was being raped, the hearing heard.

 

The heinous crimes committed against innocent Iraqi civilians by U.S. occupation forces since the 2003 invasion have tarnished the image of the American military. But the rape-murder case could be particularly damaging to the U.S.’s image in Iraq’s conservative Muslim society.

 

Second rape case in Iraq

 

Four Iraqi soldiers are accused of raping a 50-year-old Sunni woman and the attempted rape of her two daughters in the second accusation of sexual assault leveled against Iraqi forces this week, an Iraqi official said.

 

Brig. Gen. Nijm Abdullah said the incident took place about 10 days ago in the northern city of Tal Afar. A lieutenant and three enlisted men admitted raping the women when they were confronted by her.

 

Abdullah said a fifth soldier suspected something was wrong, burst into the woman’s house and forced the others at gunpoint to stop the assault.

 

“They have been referred to the judicial authorities so they can receive their just punishment,” said Abdullah.

 

The rape case is the second to be reported in Iraq this week. On Monday, a 20-year-old Sunni woman said she was raped by three Iraqi policemen in a police station after she was arrested in western Baghdad.

 

Shia Prime Minister Nuri al-Maliki dismissed the women’s complaint and honored the accused soldiers after an investigation that only lasted a few hours.

 

Maliki also accused Sunni politicians of exploiting the incident to undermine the ongoing U.S.-Iraqi operation to curb Baghdad’s violence.

 

But the woman’s complaint opened sectarian splits in the Iraqi government, with Sunni politicians accusing the Shia-led government of a cover-up.

 

AJP and agencies

 

External link: http://www.aljazeera.com/me.asp?service_ID=13000

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