|
The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
|
August 19th,
2008 - Iraq Soldier to Plead not Guilty to Murder Charge News article by the Edmond Sun |
|
Iraq Soldier to Plead not Guilty
to Murder Charge By Mark Schlachtenhaufen The Edmond Sun August 19, 2008 Edmond - A preliminary
hearing has been scheduled for an Edmond soldier accused of allegedly
murdering an Iraqi ex-detainee his attorney says is suspected of being a
terrorist. Attorney Jack B. Zimmermann
said the date for the military’s version of a pretrial hearing for his
client, U.S. Army 1st Lt. Michael C. Behenna, 25, of Edmond, has been set,
but Zimmermann did not disclose a date due to security concerns. Behenna and Staff Sgt. Hal
M. Warner, 34, of Braggs, have been charged with pre-meditated murder in
connection with the death of Ali Mansur Mohamed, a detainee initially
believed to have been released by coalition forces on or about May 16.
Behenna will plead not guilty. Warner’s Article 32 pretrial
investigation was scheduled to being Aug. 15. Warner was charged on July 13,
Behenna on July 31. In a statement released earlier this month, the military
stressed that both soldiers are presumed innocent until proven guilty. The military said Mohamed
was shot “at or near” the soldiers’ forward operating base located near
Bayji. Both soldiers are assigned to D Company, 1st Battalion, 327th
Infantry. The military released no other details about the case. Zimmermann said he has
confidence in the military judicial system and the truth will be discovered.
He said he has advised Behenna’s family to direct all media inquires to his
Houston law firm. Zimmermann said it has been a difficult ordeal for the
family. “Obviously the mother and
father are concerned,” Zimmermann said. Close friends of Behenna
have defended Behenna, who was deployed to Iraq in September. In a previous
report in The Edmond Sun, friends said Behenna is a natural leader respected
by his fellow soldiers. Behenna’s mother, Vicki
Behenna, is a federal prosecutor who was a member of the team that secured
the conviction of Timothy McVeigh in the Oklahoma City bombing case. His
father, Scott Behenna, is a former Oklahoma State Bureau of Investigation
special agent. Zimmermann said Behenna will
also be defended by Kyle Sampson, a partner in the Houston firm, and Capt.
Tom Clark and Capt. Nick Anderson. Zimmermann is a former
prosecutor and general court-martial trial judge in the U.S. Marine Corps. He
represented Edmond Marine Lance Cpl. Stephen B. Tatum, accused of killing
Iraqi civilians in November 2005 in Haditha. The charges against Tatum
were dropped after Marine officials concluded he acted appropriately. Zimmermann also served as
lead counsel in the “Border Shooting Case” in which two state grand juries
and one federal grand jury refused to indict the active-duty Marine who
returned fire, killing a man who fired on his patrol. External link: http://www.edmondsun.com/local/local_story_231234707.html Hearing on
Iraq detainee death case postponed By Joseph Giordono Stars and Stripes August 19, 2008 The Article 32 hearing for
one of two U.S. soldiers charged with killing a detainee near Beiji, Iraq,
has been postponed until Sept. 5, military officials said. Staff Sgt. Hal M. Warner was
originally to face the hearing last week. Warner and 1st Lt. Michael C.
Behenna, both members of Company D, 1st Battalion, 327th Infantry Regiment,
based in Fort Campbell, Ky., face charges of premeditated murder, accessory
after the fact, assault, making a false official statement and obstruction of
justice. Few details have been
released in the case, though the military said that "the charges
followed a criminal investigation into the death of Ali Mansur Mohamed, a
detainee initially believed to have been released by Coalition Forces on or
about May 16, 2008." The military has said that
Behenna was accused of using a pistol to shoot Mohamed at or near Forward
Operating Base Summerall. Warner’s hearing will be
held at the large U.S. base near the city of Tikrit. A hearing date has not
yet been set for Behenna, officials said. The pair were originally charged in
July. In the weeks since the
charges were announced, family members have publicly come to the defense of
the two soldiers. Behenna, whose parents are a
federal prosecutor in Oklahoma City and a retired Oklahoma State Bureau of
Investigation agent, have hired a civilian law firm to lead his defense. That
team successfully defended a Marine lance corporal who was accused of killing
an Iraqi civilian during a November 2005 incident in Haditha. Charges against
the Marine were eventually dropped. Less is known about Warner,
34, who is also from Oklahoma. External link: http://www.stripes.com/article.asp?section=104&article=56836 |