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April 27th, 2009 - Ex-Soldier’s Ky. Trial for Iraq Crime Begins

News article from the Associated Press

News article from the Louisville Courier-Journal

News article from the Steven Green Trial Blog

Summary of the Mahmudiya Massacre

Ex-Soldier's Ky. Trial for Iraq Crime Begins

 

By Brett Barrouquere

Associated Press

April 27, 2009

 

Paducah, Ky. - An ex-soldier charged with raping and killing a 14-year-old Iraqi girl and slaying her family set the girl's body ablaze after shooting her several times, prosecutors said Monday during opening statements at his federal trial.

 

Steven Dale Green, 23, of Midland, Texas, faces more than a dozen charges, including sexual assault and four counts of murder, stemming from the March 2006 attack in Iraq's so-called "Triangle of Death." After he shot the girl in the face several times, Green then used kerosene to set fire to her body, said Assistant U.S. Attorney Brian Skaret

 

"They left behind the carnage of all carnage," Skaret said of Green and other soldiers accused in the attack on March 12, 2006.

 

The defense, in its opening statement, asked jurors to consider the extraordinary circumstances that had confronted while serving in Iraq. Green, who has pleaded not guilty, is being tried in a civilian court because he was discharged from the Army before being charged.

 

Skaret said Green talked frequently of wanting to kill Iraqis, but when pressed, would tell people he wasn't serious.

 

Skaret told jurors that a group of soldiers, including Green, were playing cards and drinking whiskey at a checkpoint near Mahmoudiyah, about 20 miles south of Baghdad.

 

Talk turned to having sex with Iraqi women, when one soldier mentioned the al-Janabi family, who lived nearby, Skaret said. Soldiers then went to the home where, according to prosecutors, Green pulled the father, mother, and daughters ages 6 and 14 into another room, then pushed the 14-year-old out.

 

Skaret said Green used a shotgun to kill the three in the room with him and told the soldiers that the family was dead.

 

He then raped the girl and shot her, according to Skaret.

 

As the girl lay helpless, "Steven Green went over to the wall and picked up a gun and he shot her in the face again and again," Skaret said.

 

Later, Green would talk about the killings to superior officers, other soldiers and even civilian friends, Skaret said.

 

In Green's defense, attorney Patrick Bouldin painted a picture of young soldiers in harsh wartime conditions, lacking leadership and receiving little help from the Army to deal with the loss of their friends.

 

He said before the attack, Green had lost five colleagues in combat, including four in a short span. A federal public defender, Bouldin showed jurors a videotape of Green speaking at a memorial service for two sergeants who had died.

 

He said soldiers had lost so many friends and leaders they could no longer perform their duties.

 

"Context," Bouldin said. "You've got to understand the context."

 

Green's trial is being held in Paducah because of the western Kentucky city's proximity to Fort Campbell on the Kentucky-Tennessee border where Green was based with the 101st Airborne Division.

 

Other soldiers involved in the attack were prosecuted in military court, including two who pleaded guilty and acknowledged taking part in the rape, and a third who was convicted because prosecutors said he went to the family's home knowing what was planned. A fourth who stayed behind at the checkpoint pleaded guilty to being an accessory.

 

Green's discharge papers, filed in the case, showed he received an honorable discharge in May 2006 after being diagnosed with a personality disorder.

 

Bouldin didn't address why Green was discharged from the Army.

 

During his nearly 90-minute opening statement, Bouldin repeatedly talked about how the Army had failed Green's platoon by not providing adequate leadership and mental health assistance for soldiers who had lost numerous friends in war.

 

Bouldin said Green was prescribed a mood-stabilizing drug, but the Army never followed up on his mental state before the attack.

 

"He told the psychologist, 'I'm so upset. I'm having trouble here. I want to kill all these guys (Iraqis) because I can't tell them apart,'" Bouldin said.

 

Green was allowed to stay in the platoon and, at the time of the attack, had been staffing a checkpoint in the "Triangle of Death" for 21 days, Bouldin added.

 

On Monday afternoon, two relatives of the Iraqi family testified about finding blood and human remains at the family home when they went to put out a fire.

 

Abu Faras, a cousin to al-Janabi family members, told jurors he found the body of 14-year-old Abeer Qassim al-Janabi ablaze in the living room. He said her mother, father and sister were shot to death in a bedroom.

 

A younger brother of Abeer's also testified.

 

Copyright © 2009 The Associated Press.

 

External link: http://www.google.com/hostednews/ap/article/ALeqM5iYeOUInDxFuT4T8CsYG9-_KfQ9pgD97R27SG0


Trial begins in former soldier’s murder trial

 

By Andrew Wolfson

Louisville Courier-Journal

April 27, 2009

 

Paducah, Ky. - A federal prosecutor today told a jury that the government will prove that former soldier Steven Green raped a 14-year-old girl and then murdered her and her family “not in the fog of war, but in cold blood.”

 

In an opening statement in a trial that is expected to last three to five weeks, Justice Department lawyer Brian Skaret said the government will present at least five witnesses who say Green bragged about the crimes, including one who says Green told his fellow soldiers that it was “awesome.”

 

In his hour-long opening remarks, Green’ s co-counsel didn’t dispute his role in the crimes or that they were a “horrible tragedy” for the family of Abeer Al-Janabi, the girl who was raped and shot in the face before her body was set afire.

 

But federal public defender Patrick Bouldin asked the jury to consider the context for that tragedy - what he called “a perfect storm of craziness” in which four of Green’s fellow soldiers, including three of his leaders, were murdered in 12 days.

 

Bouldin described how they served in the most dangerous area of Iraq - the so-called Triangle of Death - defending a traffic checkpoint on a highway of “death, destruction and insanity.”

 

And Bouldin recounted how Green told an Army stress counselor - and his commanding officers - that he was so upset about the death of his fellow soldiers that he wanted to kill all Iraqis, but he was returned to combat.

 

“How can you let somebody who threatens to kill Iraqi citizens out the door?” Bouldin asked.

 

Green, 23, is charged rape, murder, using a firearm in a violent crime and obstruction of justice. He faces the death penalty if convicted of murder.

 

He is being charged in a federal court in Kentucky because he was deployed from Fort Campbell and because he was discharged from the Army before his alleged role in the crimes were discovered.

 

Experts on military law say he is the first former soldier to face the death penalty in a civil trial for offenses that occurred in a war zone.

 

One of the Al-Janabi children who was left an orphan by the murders is expected to testify this afternoon.

 

In his opening Skaret said that while the jurors - 15 women and three men - were planting spring flowers or filling out their NCAA brackets on March 12, 2006, “on the other side of the world,” Green and three fellow soldiers “terrorized a family that they were sent to protect.”

 

Skaret said that Green’s co-conspirators - all sentenced to long prison terms after being court-martialed - will testify how Green - who bragged frequently about killing Iraqi civilians - helped hatch the scheme to rape Abeer Al-Janabi and murder her and her family while playing cards and drinking Iraqi whiskey at a traffic checkpoint south of Bagdad.

 

In his opening, Bouldin never said that Green’s lawyers would ask the jury to find him not guilty. Instead, he seemed to be trying to lay the groundwork for a verdict that would save his client’s life.

 

Bouldin urged the jury to consider the “tragedy in the Army family” that led to the Al-Janabi’s death.

 

Bouldin said Green and his co-conspirators went through “91 days of hell” before hand.

 

External link: http://tinyurl.com/dysj2c


How We Got Here - Day 1

 

By Evan Bright

Steven Green Trial Blog

April 27, 2009

 

Proceedings began today. Defendant Steven Green entered the courtroom appearing in a champagne sweater vest, seeming jaunty and aware in light of his situation. Federal District Judge Thomas B. Russell was thorough in his swearing in of the jury. A minute Southern drawl making it’s way into his voice, Russell made sure to instruct the jury to not discuss any of the proceedings outside of the court, also noting that they should “change the channel” should they hear anything about the case via television or radio.

 

Prosecuting attorney Brian Skaret, tall and gangly in stature, was very clear in his depiction of Green’s crime of heinous gang rape/murder: “While most of you were probably here at home in the USA, enjoying a sunny day, getting used to the warming weather, some of you were probably anticipating the upcoming March Madness tournament…on the other side of the world, in Iraq, five soldiers, five thugs, were terrorizing a harmless family.” Skaret told of Abeer Al-Janabi’s rape and murder, how she was “violated and dishonored three times, then mercilessly shot.” He was accurate in playing the role of the prosecution, projecting a cold image onto the Green canvas. “Who could’ve done this,” Skaret asked rhetorically. “Not terrorists, not insurgents, but by the Army. In cold blood, then Pfc. Green orphaned two young sons.”

 

Each individual jury member had their own personal screen for viewing the various diagrams and exhibits. During the prosecution opening, the faces of Green and his former fellow troops were shown. Skaret projected the squad (excuse my misuse of military terms) having a regular day, playing card games, drinking Iraqi whiskey, until they began talking about the house they’d seen on patrol. Green was seemingly anxious at this point, one hand on his forehead and the other appearing to be writing notes. Skaret, sorrow ebbing in his voice, told the court of Abeer’s shooting death. He reminded the jury that “this isn’t television, this isn’t CSI or Law & Order,” also that “[some of] these witnesses are no angels, they hope by testifying in this trial to someday make parole … evaluate their testimony very carefully… it’s not about the lawyers, or the 20 page questionnaires. It’s not about the bumper sticker on the back of your car.”

 

Skaret told of the witnesses whom he and his team would call: witnesses who testified today include orphaned child Muhhamed Al-Janabi, Marti Al-Janabi or “Abu Farras,” uncle of the orphaned twins, Ahkmed (spelling?), a medic who reported to the crime scene, and took photos of the bodies, a Dr. who filled out the death certificates, and Colonel Todd J. Ebel, the commanding Brigadier General who was in place during defendant Green’s tour in Iraq.

 

While the prosecution’s opening largely focused on March 12, 2006 and the events therein, the defense’ opening focused on the events leading up to the day of the atrocity. Public defender Pat Bouldin told of the “most tragic of circumstances,” which culminated in the March 12 massacre. He also openly admitted that, “what [Atty. Brian Skaret] said the truth. I want that said at the onset of this.” He spoke of the deaths of many soldiers platoon that the soldiers were in. Also showcased was a video of the memorial service of SGG/SGTs Travis Nelson and Kenith Casica. Via a PowerPoint presentation, Bouldin presented to the court pictures of every day Iraqis and (perhaps rhetorically) asked if he himself or anyone in the court could say as to whether or not the man pictured was an insurgent, hinting at the defense his team plans to use. He spoke of Ctc Kunk being quoted as stating that the combat had made the squad of soldiers “mission incapable,” and recommended that the 1st Platoon be disbanded. Also mentioned was the burning of the soldier’s home base, which housed their belongings from home, the lack of supervision during the soldier’s stay at their traffic checkpoint. The defense is trying to explain that the soldiers became numb and accustomed to the violence around them, and that, over time, the soldiers were no longer able to tell civilian Iraqis apart, friend or foe.

 

The first witness called, Muhhamed Al-Janabi, was questioned on mostly background information, before leading up to the day of the crime. When asked what he saw upon entering his house after seeing smoke outside, he said flatly “I saw lots of flesh, and my father’s brains scattered against the wall,” eliciting some grunts and shudders from the “crowd”. I noticed defendant Green perking up to take a look at Muhhamed, a point of interest. Next was “Abu-Farras,” the uncle. He spoke of his job at the Ministry of Health, and his fourteen years in the military. He is 50 years old and he is in the United States for 14 days. This is his first time outside of Iraq, ever.

 

Farras spoke of his arrival to the scene on the day of, and scornfully of the soldiers who spoke to him while he was present. He told of how one of the soldiers said “look what the terrorists are doing!” At first, Abu-Farras wasn’t going to come to testify. “Even terrorists wouldn’t do that! I looked up to and respected the Army.” Abu told of how he became very distrustful of Americans, and how, after being asked to testify, he felt that “they [the Americans] would take me there [to the States] and do the same to me.” He obviously changed his mind, stating that he realized “not all Americans are bad, lots of them are good people.”

 

The medic, “Ahkmed,” was used mostly to illustrate the crime scene and the bodies, with pictures of the bodies being shown (more grunts and discomfort from the people in the courtroom). He spoke of how he covered Abeer’s body even after her burning death, “because I wanted to protect her honor, [even] while she was dead.” Again, the prosecution repeated it’s main point: when asked if he ever thought the US would be responsible, the medic sternly spoke, “No. I didn’t ever suspect the forces which came to protect us would be the ones responsible.” There was a small cross examination regarding whether or not the medic saw a soldier pick up a shell casing, but was menial in the end…

 

The doctor who examined the bodies for issuing the death certificates testified, again adding to the gory scene of the crime: “I saw that, on the father, all the brain was … out.”

 

Next to testify was Colonel Todd Ebel who spoke of his 27 years in the Army, including three tours in Iraq. Ebel was effervescent in his descriptions, at times seeming extremely sure of himself, and very informed as to what the court wanted to hear and what they did not. He spoke of how his leadership over the soldiers (including Green and his cohorts) led to the finding of more than 2200 IEDs (Improvised Explosive Devices - home made bombs), more than any other battalion. When asked about his confiding with Green after the deaths of Sergeants Nelson and Casica, Ebel noted “you could determine that he was making gross generalizations about ALL Iraqi’s,” but also noting that feelings of frustration were common after the death(s) of a fellow troop, “It’s like losing a family member, it’s an unfriendly event. We lose friends, family, teammates.”

 

Other things of note: the interpreter present at this trial is reportedly the same interpreter used for Saddam Hussein's trial. She was only present in the courtroom when needed. Known media presence at this time included the Associated Press, Reuters, local NBC affiliate WPSDTV, TIME Magazine, the Courier-Journal, and the French Press Agency.

 

External link: http://trialcoverage.blogspot.com/2009/04/how-we-got-here.html

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