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April 16th, 2009 - US Army Soldier Sentenced to Life in Prison

News article from the Associated Press

News article from Agence France Presse

News article from Stars and Stripes

Summary of the Baghdad Prisoner Killings

US Army Soldier Sentenced to Life in Prison

 

By George Frey

Associated Press

April 16, 2009

 

Vilseck, Germany - A U.S. Army soldier convicted of murder in the 2007 killings of four bound and blindfolded Iraqis was sentenced on Thursday to life in prison.

 

Master Sgt. John Hatley, 40, also will have his rank reduced to private, forfeit all pay and receive a dishonorable discharge, a jury of eight Army officers and noncommissioned officers decided. He has the possibility of parole after serving 20 years.

 

The sentence came a day after Hatley was found guilty of premeditated murder and conspiracy in the execution-style killings of the detainees.

 

He was found not guilty of premeditated murder in a separate January 2007 incident in which a wounded Iraqi insurgent was shot and killed.

 

In an emotional closing statement earlier Thursday, the career soldier urged the jury to let him complete 20 years of military service.

 

Hatley, who recently underwent knee surgery, limped to the stand to urge the panel to grant him six more months of service so that he could reach the milestone.

 

"I've served my country for half my life, which I think is the most honorable profession in the world," he said. "I served America with the best men our great country has to offer. And they are so many. My soldiers are like my sons and there's nothing I wouldn't do for them."

 

Prosecution lawyer John Riesenberg had argued the case was about how Hatley used his reputation to lead his soldiers down "the brutal path to murder."

 

"This is among the most colossal failures of leadership," Riesenberg said. Defense lawyer David Court said Hatley was not the evil person the defense was portraying him to be.

 

"You have to think about what they (these men) were going through (in Iraq) to judge fairly. He loved his soldiers too much, that was his crime," Court said.

 

According to testimony this week and at previous courts-martial, four Iraqis were taken into custody in spring 2007 after an exchange of fire with Hatley's unit.

 

Court has argued that Army prosecutors based their case on assumptions and conflicting testimony from this week and other courts-martial, saying there was no physical evidence that anyone was shot or killed. The bodies of the victims have never been found.

 

Previous courts-martial related to the incident resulted in murder convictions of two other soldiers who served in Hatley's unit.

 

Copyright © 2009 The Associated Press.

 

External link: http://www.google.com/hostednews/ap/article/ALeqM5hYtcV7GUHRC88uGXnQ8Hl6I5lvbAD97JK7EG0


US soldier gets life for murder of prisoners

 

From Agence France Presse

April 16, 2009

 

Vilseck, Germany - A senior US soldier was jailed for life Thursday for the murder of four bound and blindfolded prisoners in Iraq, a court martial here said.

 

US Master Sergeant John E. Hatley was also found guilty Wednesday of conspiracy to kill the unidentified detainees, but was acquitted of a fifth charge of premeditated murder and of obstruction of justice.

 

He will be eligible for parole in 20 years, Hatley's defence lawyer David Court said Thursday.

 

During the sentencing hearing, 40-year-old Hatley told an eight-man army panel that he respected their findings but recounted the stress of dealing with mounting American casualties at the hands of insurgents.

 

"I understand your decision," he said.

 

"I'm not perfect, I ain't no angel" the sergeant said, fighting back tears as he spoke of cleaning or "policing up the pieces of our soldiers" and friends following bomb and sniper attacks.

 

Court said Hatley had taken the sentence "stoically."

 

The defendant had expressed no emotion when the verdict was announced late Wednesday, but embraced his wife and fellow soldiers and friends who had stood by him during the four-day trial.

 

Hatley had been accused of shooting prisoners in two separate incidents but was declared not guilty of the January 2007 death of a detainee who was already seriously wounded.

 

The second shooting - of four blindfolded prisoners - took place in late March in or near southwest Baghdad.

 

Hatley was the highest ranking of three soldiers tried for killing the prisoners, who were shot "execution style," according to army prosecutors.

 

The bodies, which witnesses said were dumped into a canal, were never found.

 

The trial was held near this southeastern German town because Hatley's unit has redeployed to Germany.

 

Copyright © 2009 AFP. All rights reserved.

 

External link: http://www.google.com/hostednews/afp/article/ALeqM5huQ676UmH_KdwdGz2Gztj-7YqarA


GI convicted of murder in Iraqis’ deaths

 

By Seth Robson

Stars and Stripes

April 16, 2009

 

Vilseck, Germany - A 172nd Infantry Brigade non-commissioned officer was found guilty at a court-martial here Wednesday of murdering four bound and blindfolded Iraqi detainees and dumping their bodies in a Baghdad canal.

 

Master Sgt. John Hatley, 40, had pleaded not guilty to premeditated murder in the killing of the detainees in March or April 2007.

 

A jury of fellow soldiers took almost four hours to find him guilty of murder and of conspiring with other soldiers from Company A, 1st Battalion, 18th Infantry Regiment to kill the four men, who were detained with a large cache of weapons after a patrol came under fire.

 

The maximum sentence Hatley could face is life in prison without parole. The mandatory minimum sentence for premeditated murder under the Uniform Code of Military Justice is life in prison with the possibility of parole.

 

The jury found Hatley not guilty of murdering a wounded detainee, who, witnesses claimed, he shot on a Baghdad street in January 2007.

 

Hatley was also acquitted of trying to cover up the canal killings by allegedly ordering two soldiers to clean blood from the troop compartment of a Bradley fighting vehicle and burn zip ties and blindfolds used on the four victims.

 

During closing arguments government trial counsel Capt. Derrick Grace told the jury that it should believe other members of Hatley’s former unit - Company A - who testified that he shot the detainees.

 

Grace referred to key evidence given by Sgt. 1st Class Joseph P. Mayo, 27, and Sgt. Michael Leahy Jr., 28, who told the jury that Hatley killed detainees. Both admitted to also killing detainees at the canal and both received lengthy prison sentences after being convicted of murder earlier this year.

 

However, Hatley’s civilian lawyer, David Court, attacked the credibility of the prosecution witnesses, several of whom gave conflicting versions of events or told different stories in court than they told Army investigators.

 

"It is critical that we determine which testimony is credible beyond reasonable doubt," Court said, adding that many prosecution witnesses cut deals with the government to escape punishment for involvement in the killings in exchange for their testimony.

 

Court had tried to persuade the jury that Mayo and Leahy’s testimony could be motivated by a desire to appear less culpable in the killings.

 

"The defense wants you to believe that everybody is lying," Grace said, adding that it was unreasonable to believe that all of the Company A soldiers who testified would lie to pin the blame for the killings on Hatley.

 

Court told the jury to take account of the many witnesses, including an Iraqi interpreter, who gave evidence of Hatley’s good character and record of respectful treatment of Iraqis.

 

However, Grace said evidence that Hatley was a good soldier did not work as a defense to murder.

 

"[Hatley] made choices he wasn’t entitled to make. He took lives he wasn’t entitled to take," Grace said. "The crimes are among the worst that can be committed by a professional soldier. The accused became judge, jury and executioner."

 

Some of the alleged victims at the canal, who were detained with a large cache of weapons, were probably "bad guys" but that did not absolve Hatley from his crimes, Grace said.

 

"It was his duty to care for the wounded detainee (who was allegedly killed in January). It was his duty to either process or let them (the other four detainees) go. Execution is still murder," he said.

 

Court told the jury that, even if they believed that Hatley, Mayo and Leahy fired at the back of the detainees’ heads at the canal, there is no proof that any of them died, since the government has not found bodies or forensic evidence despite an extensive search in Iraq.

 

Grace countered: "Hatley was a division master gunner. Can you believe that he and the others, who he trained, missed their targets from a few inches away? There is no doubt that these four men are dead. They are not walking around Iraq somewhere with big holes in the backs of their heads."

 

The jury was due to hear arguments with regard to sentencing on Thursday.

 

External link: http://www.stripes.com/article.asp?section=104&article=62067

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