The War Profiteers - War Crimes, Kidnappings & Torture

 

December 3rd, 2008 - US Soldier Faces Hearing in 2007 Deaths of Iraqis

News article by the Associated Press

Summary of the Baghdad Prisoner Killings

US Soldier Faces Hearing in 2007 Deaths of Iraqis

 

By George Frey

Associated Press

December 3, 2008

 

Vilseck, Germany - A military court heard conflicting testimony Wednesday about whether a U.S. Army sergeant helped kill four Iraqis who were bound, blindfolded, shot and dumped in a Baghdad canal last year.

 

One witness said he saw Sgt. Joseph P. Mayo and two other soldiers - Sgt. Michael P. Leahy Jr. and Sgt. John E. Hatley - standing behind the four Iraqis facing the canal and saw them fire their weapons. But other witnesses said they saw no one shot or didn't know if Mayo was even present.

 

The Article 32 hearing, the military equivalent of a civilian grand jury to assess the charges against Mayo and decide whether to refer him for a court-martial, was adjourned and will resume again Thursday. A decision is not expected this week.

 

The first soldier called to testify Wednesday, Sgt. Daniel Evoy, told the court he saw the three men with the four Iraqis - on their knees and facing the canal - and that he saw Leahy fire the first shot, then a detainee "slump to the ground."

 

Evoy said he told his driver "I can't believe they shot them."

 

Evoy told the Army judge that both Mayo and Hatley told him earlier that evening they planned to kill the four Iraqis.

 

"We didn't believe them," Evoy testified. "We thought we'd just let them go."

 

Under questioning by Mayo's civilian lawyer, Evoy's driver, Spc. Justin Lamanna, said he remembered little about the event, including Evoy's comments.

 

But he told the court he was "60 percent sure" Mayo, Hatley and Leahy were there.

 

Spc. Jonathan Shaffer, the machine gunner in Mayo's Humvee, testified that he did not see Mayo at all, but added he was facing the other way.

 

"I did not see Mayo shooting the detainees. I have no evidence of Mayo shooting," Shaffer testified. He also denied Evoy's claims that Mayo asked everyone to keep quiet about the incident.

 

Mayo, 27, is charged with one count each of premeditated murder, conspiracy to commit premeditated murder and obstruction of justice in the spring 2007 incident. He is the sixth of seven soldiers implicated in the case to face a judge and could receive a life sentence without parole if convicted.

 

Mayo was implicated by other soldiers who were on the patrol. All soldiers involved were with the 1st Battalion, 18th Infantry Regiment, 2nd Brigade of the 1st Infantry Division in Iraq, which is now part of the Germany-based 172nd Infantry Brigade.

 

According to testimony, four Iraqis were taken into custody after a shootout. The detainees were then taken to the U.S. unit's operating base in Baghdad. Later that night, according to testimony, members of the patrol took the Iraqis to a remote location and killed them in retribution for attacks against the soldiers' unit. Witnesses also said they were frustrated and afraid to know that many detainees taken into custody would be released and attack the unit again.

 

The U.S. military did not give a specific date, saying only the killings occurred between March 10 and April 16, 2007.

 

Spc. Steven Ribordy, 25, and Spc. Belmor Ramos, 23, have pleaded guilty in the case and have been sentenced to prison. Ribordy was given a bad conduct discharge, and Ramos a dishonorable discharge. The two, who were in the same Humvee when the killings took place, agreed to testify for the prosecution.

 

Courts-martial on charges of conspiracy to commit premeditated murder are planned at an unspecified date for two other soldiers, Staff Sgt. Jess Cunningham, 27, and Sgt. Charles Quigley, 28.

 

Both Leahy and Hatley waived their rights to an Article 32 hearing, but no date has been set for their separate courts-martial on charges of murder, conspiracy to commit murder and obstruction of justice stemming from the incident.

 

Leahy also faces additional charges of murder, conspiracy to commit murder and accessory to murder after the fact for a separate incident in January 2007. The Army has not provided further details on that occurrence.

 

In addition, Hatley faces another murder and conspiracy to commit murder charge stemming from the same January 2007 incident.

 

External link: http://www.google.com/hostednews/ap/article/ALeqM5hYtcV7GUHRC88uGXnQ8Hl6I5lvbAD94RF3580

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