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The War Profiteers - War Crimes,
Kidnappings & Torture |
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March 1st,
2009 - Defense Seeks Mistrial in Behenna Case |
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Defense Seeks Mistrial in
Behenna Case Lawyers Say Prosecutors Didn’t Share Key Evidence From KOCO.com March 1, 2009 Oklahoma City - Attorneys
for an Edmond soldier who was convicted of murder in the death of an Iraqi
detainee said they plan to file a motion seeking a mistrial. Lt. Michael Behenna
testified that he was trying to defend himself when he shot Ali Mansour Mohammed
last May in Beiji, Iraq. Behenna's defense team said
that prosecutors weren't honest about all of the evidence used against him in
the case. "It's not a pleasant
position to be in," said defense attorney Jack Zimmerman. "He's
been sentenced to 25 years in prison for killing somebody who he was
absolutely convinced was a terrorist." Behenna was convicted on
murder but acquitted on charges of lying. His attorneys said prosecutors
withheld evidence from their own experts who said that Behenna was telling
the truth when he said he felt threatened by Mohammed. The defense said the Iraqi
was standing when he was shot and that prosecutors should have allowed their
expert to testify to that. "They did not pass that
on to us, even though we'd asked them because I talked to the doctor as he
was leaving to go back to New York. I thought it was odd he was leaving and
not going to testify," Zimmerman said. "He said, 'I would have been
one of your best witnesses.' I (asked) why and he said, 'I can't tell you
because I've been hired by the government.'" Zimmerman said prosecutors
are bound by law to tell the defense when they find evidence that would help
a defendant. He said the judge would determine on Monday whether Behenna will
get a new trial. External link: http://www.koco.com/news/18826737/detail.html |