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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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September 10th,
2008 - Hearing Scheduled for Edmond Soldier |
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Hearing Scheduled for Edmond
Soldier By Mark Schlachtenhaufen The Edmond Sun September 10, 2008 Edmond - A preliminary
hearing has been scheduled for an Edmond soldier accused by the military of
allegedly shooting a former Iraqi detainee. U.S. Army spokesman Sam
Smith said an Article 32 hearing for 1st Lt. Michael C. Behenna is scheduled
for Sept. 20. The hearing for Staff Sgt. Hal M. Warner, a Braggs resident, is
scheduled for Saturday. Jack Zimmermann, Behenna’s
attorney, declined to discuss case specifics, but he said if the rules are
followed by the military, he feels confident about the eventual outcome. Following counsel’s advice,
members of Behenna’s family have not spoken publicly about the case. His
mother, Vicki Behenna, is a federal prosecutor who played a key role in the
Timothy McVeigh case. His father, Scott Behenna, is a former Oklahoma State Bureau
of Investigation special agent. Several friends of
Behenna’s, including his girlfriend, told The Edmond Sun in a previous report
they do not question Behenna’s character and ethics. Behenna’s girlfriend,
Shannon Wahl, said Behenna is a natural leader who is respected by his fellow
soldiers. Behenna grew up in Edmond
and graduated from Edmond Memorial High School. He went on to the University
of Central Oklahoma, where he was commissioned through Army ROTC in 2006. Thus far, Behenna has not
had an opportunity to enter a plea, but when he does, he plans to plead not
guilty, Zimmermann said. In the military legal system, Behenna and Warner are
considered innocent until proven guilty. The military accuses Behenna
and Warner of shooting and killing Ali Mansur Mohamed, an Iraqi detainee
reportedly suspected of being a terrorist. Mohamed, believed to have been
released by coalition forces in May, was shot near Behenna’s forward
operating base. Behenna has been serving as
an infantry platoon leader with the 101st Airborne Division in northern Iraq
since September 2007. On July 31, he was charged by the military with
premeditated murder. Information about a legal
defense fund set up for Behenna is available at www.defendmichael.com. The
site states that any funds received to aid Behenna’s defense will not be
distributed directly to Behenna. Article 32 Hearing 101 According to the military,
an investigation normally is directed when it appears the charges are of such
a serious nature that trial by general court-martial may be warranted. The Fifth Amendment
constitutional right to a grand jury indictment is expressly inapplicable in
the military setting, Zimmermann said. In its absence, Article 32
of the Uniform Code of Military Justice requires a thorough and impartial
investigation of the charges and specifications before the charges may be
referred to a general court-martial, the most serious level of
courts-martial. Zimmermann said the purpose
of the pretrial investigation is to inquire into the truth of the matter set
forth in the charges, to consider the form of the charges and to determine
what disposition should be made of the case. The investigation also
serves as a means of pretrial discovery for the accused and defense counsel
in that copies of the criminal investigation and witness statements are
provided and witnesses who testify may be cross-examined. Zimmermann said the defense
is given wide latitude in cross-examining witnesses. All testimony is taken
under oath or affirmation, he said. The accused may give sworn or unsworn
testimony. Court room players will
include the investigating officer, two prosecutors, the accused and defense
counsel, Zimmermann said. Behenna will have two Army defense counsel and a
second civilian attorney. For security reasons,
Zimmermann declined to say if he would be in the court room in Iraq. Ordinarily, Article 32 hearings
are open to the public and to the media. The investigating officer announces
the beginning of the investigation and its purpose, advises the accused of
his right to counsel and identifies defense counsel. The charges preferred
against the accused will be formally read and the accused will be advised of
his rights to make a statement or remain silent. The trial counsel, i.e. the
prosecutor, will call the witnesses for the government, and the defense
counsel will call the witnesses for the defense. Any evidence presented by
the accused will be heard, as well as any statement by the accused or defense
counsel. Any arguments by counsel also will be entertained. Following the hearing, the
investigating officer submits a written report of the investigation to the
commander who ordered the investigation. The report, which will
contain the recommendations of the investigating officer, including
disposition of the charges, will be forwarded to the convening authority for
a decision. In the military system, if a
soldier is convicted of premeditated murder, a life sentence is automatic. Zimmermann represented
Edmond Marine Lance Cpl. Stephen Tatum, who originally was charged with the
murder of Iraqi civilians during a counter-attack in response to an ambush in
Haditha, Iraq. All charges against Tatum were dismissed with prejudice on the
first day of the trial. External link: http://www.edmondsun.com/local/local_story_254231649.html |