The War Profiteers - War Crimes, Kidnappings & Torture

 

March 30th, 2009 - US Soldier Gets 35 Years in Deaths of 4 Iraqis

News article from Associated Press

News article from Agence France Presse

News article from Stars and Stripes

Summary of the Baghdad Prisoner Killings

US Soldier Gets 35 Years in Deaths of 4 Iraqis

 

By George Frey

Associated Press

March 30, 2009

 

Vilseck, Germany - A second U.S. soldier was convicted Monday of murder in the execution-style slayings of four bound and blindfolded Iraqi detainees in 2007 and sentenced to 35 years in prison after he pleaded guilty at his court-martial.

 

Wearing his dress uniform and speaking crispy and confidently, Sgt. 1st Class Joseph Mayo of Fort Bragg, North Carolina, pleaded guilty to charges of premeditated murder and conspiracy to commit premeditated murder at the proceeding at the U.S. Army's Rose Barracks in southern Germany.

 

He pleaded not guilty to a charge of obstruction of justice in the incident, which occurred while he was deployed to Iraq. Military prosecutors dropped that charge.

 

The 27-year-old was sentenced to 35 years in prison and will be incarcerated at the military prison in Fort Leavenworth, Kansas. He will also be dishonorably discharged. His lawyer, Michael Waddington, said Mayo would be eligible for parole in about 10 years.

 

Col. Jeffrey Nance, the judge overseeing the proceedings, told Mayo that he "entered into an agreement to commit premeditated murder" that saw the four Iraqi men shot in the head by the side of a canal in Baghdad between March and April 2007.

 

In February a military court convicted Sgt. Michael Leahy, 28, of Lockport, Ill., to life in prison with the possibility of parole after he admitted to the execution-style killing of one of the detainees and shooting another. He was acquitted of murder over a separate incident in Baghdad in January 2007.

 

According to testimony at previous courts-martial, at least four Iraqis were taken into custody in spring 2007 after a shootout with a patrol.

 

The Iraqis were taken to the U.S. unit's operating base in Baghdad for questioning and processing, although there was not enough evidence to hold them for attacking the unit. Later that night patrol members took the Iraqis to a remote area and shot them in retribution for the attacks on the unit, according to testimony.

 

Mayo, Leahy and Master Sgt. John Hatley, 40, are accused of pulling the trigger.

 

"Hatley stated that if we took (the) individuals to detention they'd be released in a matter of days," Mayo told the court. "He said we should take care of them. I agreed."

 

Mayo has been in the Army for nearly a decade.

 

All were with the 1st Battalion, 18th Infantry Regiment, 2nd Brigade, 1st Infantry Division. The unit is now part of the Germany-based 172nd Infantry Brigade.

 

Hatley's court-martial on charges of premeditated murder, conspiracy to commit premeditated murder and obstruction of justice is scheduled for April.

 

Waddington said that under a deal reached with prosecutors, Mayo will testify at Hatley's court-martial next month.

 

The Army has also not released a hometown for Hatley. Hatley also faces murder charges from the separate incident in Baghdad.

 

Two soldiers - Spc. Steven Ribordy, 26, of Salina, Kansas, and Spc. Belmor Ramos, 24, of Clearfield, Utah - pleaded guilty to conspiracy to commit premeditated murder and were sentenced to prison last year.

 

Staff Sgt. Jess Cunningham, 29, of Bakersfield, California, and Sgt. Charles Quigley, 28, of Providence, Rhode Island, had charges of conspiracy to commit premeditated murder dropped this year. It is unclear whether they will testify in the upcoming courts-martial.

 

Copyright © 2009 The Associated Press.

 

External link: http://www.google.com/hostednews/ap/article/ALeqM5hYtcV7GUHRC88uGXnQ8Hl6I5lvbAD978E4LO0


US sergeant jailed for murdering prisoners in Iraq

 

From Agence France Presse

March 30, 2009

 

Vilseck, Germany - A US sergeant on Monday became on Monday the second non-commissioned officer to be convicted of murder for the summary executions of four bound and blindfolded prisoners in Iraq in 2007.

 

Sergeant First Class Joseph P. Mayo was sentenced by a court martial in southern Germany to life in prison, but because he pleaded guilty, will serve no more than 35 years in prison and will be eligible for parole in 10 years.

 

Mayo told a court martial that he and two other sergeants shot the prisoners in the back of the head with nine-millimetre pistols and dumped their bodies in a Baghdad canal.

 

"I thought it was in the best interests of my soldiers," Mayo, 27, told the court in the town of Vilseck after pleading guilty to murder and conspiracy to commit murder.

 

Mayo was able to escape a life sentence after a pre-trial agreement with the commander of his unit, an army spokesman said.

 

"I really believed I was protecting my soldiers," Mayo repeated in a closing statement that brought him and family members including his mother, wife and 10-year-old daughter to tears.

 

"I take full responsibility for my actions," he said. "Now I have to pay for my mistake."

 

Mayo said the men, "of apparent Middle Eastern descent," according to the charge sheet, had been arrested after repeated attacks on their unit, including a sniper attack that killed a friend and fellow sergeant.

 

The defendant himself had been almost killed by an explosive device a few months earlier, and suffered a diagnosed mild traumatic brain injury, his lawyer Michael Waddington said.

 

While making their arrests, the US troops found two sniper rifles, AK-47 assault rifles and a duffel bag full of ammunition. But there was insufficient evidence to hold the men, Waddington told the court, and Mayo said: "I believed they would be released."

 

Mayo is one seven soldiers implicated in the case and one of three non-commissioned officers to be tried for murder.

 

First Sergeant John E. Hatley, the most senior soldier present, is to stand trial charged with murder in Germany on April 13, an army statement said last week. A spokesman said Monday that Mayo would testify in that trial.

 

In February, co-defendant Sergeant Michael P. Leahy, an army medic, was sentenced to life in prison with the possibility of parole.

 

Two other soldiers have pleaded guilty to lesser charges and been sentenced to prison terms of less than a year, an army spokeswoman said.

 

Charges were dismissed against two others, including Staff Sergeant Jess Cunningham, who first revealed the incident to a defence lawyer in January 2008.

 

Waddington told reporters after Mayo's trial had adjourned: "Our objective is to get him out of prison as quickly as possible."

 

All the soldiers were with the 1st Battalion, 18th Infantry Regiment, then part of the 2nd Brigade of the 1st Infantry Division in Iraq, and now in the 172nd Infantry Brigade based in Germany.

 

A character witness in the trial, First Lieutenant Benjamin Boyd, said the troops had been at a combat outpost dubbed "Angry Dragon" in southwest Baghdad that was on a "significant fault line" between Sunni and Shia areas of the city.

 

"I hold fewer people in higher regard," Boyd said of the defendant. "I couldn't have asked for a better platoon sergeant."

 

Another witness, Captain David Nelson-Fischer said the unit suffered from "frustration and fear" because of a high frequency of attacks on Mayo's small, highly exposed post in West Rashid, one of the most dangerous Baghdad neighbourhoods at that time.

 

The US troops were "not adequately trained", and angry that prisoners were often released after two or three days in custody, only to carry out further attacks and armed with fresh intelligence on US operating methods.

 

But the army's trial counsel, Captain John Riesenberg, said Mayo had "demonstrated a total lack of moral courage," in shooting a prisoner "execution style."

 

He had urged the court martial judge, Colonel Jeffrey Nance, to deliver a sentence that would "send a message to the army and to the world."

 

The US army, Riesenberg said, "is an army that punishes its own."

 

Copyright © 2009 AFP. All rights reserved.

 

External link: http://www.google.com/hostednews/afp/article/ALeqM5jKLrttKdP7fW7IJqvSPqZdBss0ww


Servicemember gets 35 years in detainee deaths

 

By Seth Robson

Stars and Stripes

March 30, 2009

 

Vilseck, Germany - A 172nd Infantry Brigade soldier was sentenced to 35 years’ confinement at a court-martial Monday after he pleaded guilty to the murder of four Iraqi detainees, whose bodies were dumped in a Baghdad canal in 2007.

 

Sgt. 1st Class Joseph P. Mayo, 27, who waived his right to a jury trial and elected to be tried by a military judge alone, admitted in court to shooting one of the four men in March or April 2007.

 

Mayo and two other former members of Company A, 1st Battalion, 18th Infantry Regiment - Sgt. Michael Leahy Jr., 28, and Master Sgt. John Hatley, 40 - were accused of shooting the detainees after capturing them with a large cache of weapons and ammunition.

Mayo pleaded guilty to premeditated murder and conspiracy to commit premeditated murder. The judge sentenced him to life in prison with the possibility of parole, reduction to private and a dishonorable discharge. However, the sentence was reduced to 35 years’ confinement under a pretrial agreement that will see him testify at Hatley’s murder trial in April. Mayo’s attorney said the pretrial agreement allows for parole after 10 years.

 

Last month Leahy, who confessed during a Criminal Investigation Command interrogation to shooting two of the detainees, was found guilty of premeditated murder and conspiracy to commit premeditated murder. He was sentenced to life in prison with the possibility of parole.

 

Asked by the judge, Col. Jeffrey Nance, to explain his guilty plea, Mayo said the plot to kill the detainees was hatched by Hatley after the Iraqis were caught in a house with a large bag of ammunition and sniper rifles hidden nearby.

 

The detainees were zip-tied, blindfolded and taken back to a combat outpost in the back of a Bradley fighting vehicle. When they got to the COP, Hatley said he believed that the detainees would soon be back on the streets if they were taken to a detainee holding facility, Mayo said.

 

“He felt that we should take care of them and I agreed. I had no issues,” he said.

 

The detainees were driven to an isolated canal where Hatley asked several members of Company A if they wanted to help kill them, Mayo said.

 

“Myself and Sgt. Leahy agreed to help,” he said.

 

The trio removed the detainees from the Bradley and lined them up on the canal bank, he said.

 

“First Sgt. Hatley asked us if we were OK. We replied, ‘Yes,’ and then the first shot was fired. After the first sergeant and Leahy fired, I shot,” said Mayo, adding that the three then pushed the detainees’ bodies into the canal.

 

During the sentencing phase of the trial several soldiers who served with Mayo in Iraq testified about his heroism, love of the Army, skill as a noncommissioned officer and care for his soldiers.

 

First Lt. Benjamin Boyd, who served as his platoon leader in Iraq, described him as showing “... the kind of quiet professionalism that the Army so often promotes as a desirable leadership quality.”

 

He added: “I hold few people in higher regard, not only as a person but as a military combat leader.”

 

Mayo’s mother, Deborah Mayo, of Fayetteville, N.C., and his wife, Joanna Mayo, of Schweinfurt, Germany, gave tearful testimony about the impact that their son and husband’s incarceration will likely have on his three children, ages 10, 6 and 8 months.

 

Joanna Mayo told the court that she suffers from an eye disease that limits her vision and prevents her from driving or reading.

 

Mayo’s 6-year-old son also suffers from medical problems and will require multiple surgeries in the next few years to straighten his back and allow his lungs to grow properly, she said.

 

In an unsworn statement Mayo apologized for his actions.

 

“I was the leader responsible for doing the right things even when it didn’t seem consistent with protecting the lives of my soldiers. I believed those four men were insurgents who were determined to kill and that they would be released if we took them to the detainee holding area,” he said.

 

In closing arguments, government prosecutor Capt. John Reisenberg told the court that Mayo’s sentence should deter others from making the same mistakes he had made.

 

“These facts have confronted American soldiers in past wars, they confront American soldiers in this war and they will confront them in future,” he said. “When soldiers like the accused are confronted with difficult moral dilemmas, that requires moral courage. The accused demonstrated a total lack of moral courage.”

 

Mayo’s lawyer, Michael Waddington, urged the court not to dismiss his client from the Army, something that would prevent him from getting veterans assistance to deal with Traumatic Brain Injury and post-traumatic stress disorder suffered during two deployments to Iraq and one to Afghanistan.

 

External link: http://www.stripes.com/article.asp?section=104&article=61700

Back to news & media - year 2009

Back to main archive

Back to main index