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April 28th, 2009 - Col.: Accused Ex-Soldier Wanted to Shoot Civilians

News article from the Associated Press

News blog from the Steven Green Trial Blog

Summary of the Mahmudiya Massacre

Col.: Accused Ex-Soldier Wanted to Shoot Civilians

 

By Brett Barrouquere

Associated Press

April 28, 2009

 

Paducah, Ky. - A former U.S. Army soldier accused of raping an Iraqi girl and killing her and three other members of her family told a superior that the rules of combat were unfair and that he wanted to shoot civilians, one of his commanding officers testified Tuesday.

 

Steven Dale Green, 23, of Midland, Texas, has pleaded not guilty to 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."

 

Col. Todd Ebel told jurors on the second day of the federal trial that he spoke with Green for about 30 minutes in December 2005 about losing soldiers to enemy attacks. During nearly two hours of sometimes contentious questioning by Green's attorneys, Ebel said Green appeared during that meeting to be upset over losing four friends and fellow soldiers.

 

"He said he didn't think it was fair the enemy could be dressed as civilians," Ebel said. "He said something to the effect that we ought to be able to shoot them."

 

Green's frustrations and anger were normal for a soldier who had witnessed the loss of friends in combat and the comments did not give him pause, Ebel said.

 

"I had no concern he was acting different than any other soldiers," Ebel told the jurors.

 

Prosecutors said in opening statements that Green and three other soldiers attacked the family - father, mother, and daughters ages 6 and 14 - at their home near Mahmoudiya, Iraq, about 20 miles south of Baghdad.

 

Assistant U.S. Attorney Brian Skaret said Green fatally shot the rest of the family with a shotgun before becoming the third soldier to rape the teenager, Abeer Qassim al-Janabi.

 

After he shot the girl in the face several times, Green used kerosene to set fire to her body, Skaret said.

 

Green is being tried in a civilian court because he was discharged from the Army before being charged. Defense attorneys have asked jurors to consider the extraordinary circumstances confronting soldiers while serving in Iraq.

 

Defense attorney Darren Wolff asked Ebel, who oversaw the 1st Battalion, 502nd Infantry, 2nd Brigade of the 101st Airborne Division, which included Green, if he met with any other private for about a half-hour to discuss "grief counseling."

 

Ebel said he couldn't remember a similar such meeting with another private, but that he met with numerous soldiers of various ranks while in Iraq.

 

"You do not recall simply because it did not happen," Wolff said.

 

Ebel responded sharply: "I do not accept your assertion."

 

Lt. Col. Thomas Kunk, who oversaw Green's unit and others, testified later Tuesday.

 

Kunk said he first heard from other soldiers that Americans may have been involved in the family's death in June 2006, three months after the attack.

 

Kunk said he began a commander's inquiry, interviewing all of the soldiers who were at a traffic checkpoint when the attack happened. The interviews didn't shed much light on what went on, Kunk said, so he called in the Army's criminal investigators.

 

"Something just did not sit right with me," said Kunk, whose testimony was to continue Wednesday. "I could not allow a rumor like this to persist. I either needed to prove it or disprove it."

 

In defense opening statements Monday, 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.

 

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

 

Green's federal trial is being held in Paducah because of the western Kentucky city's proximity to Fort Campbell, where the 101st Airborne is based. His discharge papers show he received an honorable discharge in May 2006 after being diagnosed with a personality disorder.

 

© 2009 The Associated Press

 

External link: http://www.chron.com/disp/story.mpl/ap/tx/6397374.html


War is Stress - Day 2

 

By Evan Bright

Steven Green Trial Blog

April 28, 2009

 

Today began with the cross-examination of Colonel Todd Ebel. Although Green chose the darker grey sweater vest, he appeared to be in a lighter mood, at times smiling and conversing with his lawyers. In fact, the entire court came across as more courteous, if at times getting semi-quarrelsome.

 

Defense Attorney Darren Wolf was very cordial in his cross of Col. Ebel. Even when he seemed to reach a brick wall in questioning Ebel if he’d ever fired his weapon in combat (he didn’t), he showcased a calm, professional style, asking Ebel not to “dumb down” what he was saying, but to instead translate his “military speak into civilian speak” for the jury. Laughs were heard from all parties present in the courtroom when Ebel was questioned about the structure of the military ranking system, “Well, I outranked the highest commanding officer over there, but I’d never tell him what to do.” Wolf spent most of his cross pointing out faults in the Colonel’s leadership. Ebel agreed that he had sat down for 30 minutes to speak with Defendant Green after the deaths of his commanding officers Casica and Nelson.

 

A minor breaking point was reached when Wolf finagled the Colonel into admitting that he could not recall any other incident where he had sat down with a soldier for any amount of time after the deaths of said soldier’s superiors. The next witness called was Colonel Thomas G. Kunk (how ‘bout that for a last name!). Kunk was a Lieutenant Colonel under Ebel with the 2nd Brigade Combat Team, and was Battalion Commander of the 1st Battalion, commanding around 1100 soldiers during the tour of duty in question (Col. Ebel commanded ~7500 troops).

 

Prosecuting Attorney Marissa Ford questioned Kunk about his background in the military, as well as [obviously] his service in Iraq. Kunk explained how he played a major organizational roll in the training of the Iraqi Army back in 2006, and how he used various platoons to help train the Iraqi soldiers. He discussed the tasks of his battalion, with Ford extruding details about Bravo Company’s specific mission. According to Kunk, Bravo company’s mission was to A) disrupt enemy missions, B) bring security and stability to the Mahmuhdiya region, and C) to train the Iraqi security.

 

More specifically, he spoke of the platoons stationed at J. C. Bridge, and their respective goal of preventing any force from traversing the bridge, east or west. He spoke of his unsettling feelings upon his arrival at the bridge, saying that “8 men at the western end of the bridge… that did not sit well with me.” Furthermore, Kunk spoke of rebuilding the Iraqi infrastructure: protecting a water treatment facility while living there, and how his soldiers began working on infiltrating or engaging lands where U.S. soldiers previously hadn’t been able to go by way of earning the Iraqi people’s trust. “Some would say you gotta win people’s hearts or minds, well, I think that to win people’s hearts and minds, you first have to earn their trust and their confidence.”

 

Though proceedings appeared to be more formal and in motion today, and even though both sides of the trial were quite courteous and helpful to each other, when objections were called, things appeared to get heated, with both sides exhibiting more rambunctious hand motions and snippy whispers, appearing to have mini-tantrums in trying to get what they wanted from Judge Russell. Next, he was questioned on the deaths of Specialist Lopez and Lieutenant Britt; they had completed a search for, and found, 15 IEDs when they spotted yet another IED which exploded when they traversed a canal to inspect the bomb. Kunk said he questioned those soldiers who knew the superior officers to insure their health and mental stability. He testified that the deaths “didn’t just hurt the 8 soldiers in the squad, or the 30 in the platoon, or the ~130 in the company, it hurts us ALL.” When asked if he spoke with then Pfc. Green about the deaths, Kunk evasively replied, “It’s possible.” [Defendant] Green perked up at his answer. The Colonel attempted to showcase his… for lack of a better word, manliness, at times seeming exaggerated or, in all honesty, even forged (that’s just my take). After being injured on/around March 8th by an IED while traveling in an M1151.

 

Kunk refused a medivac to the nearest hospital, saying, “If you go out by medivac, sometimes you don’t come back…I wasn’t leaving my men… not to be cavalier.” A major point of interest in the trial, Kunk brought in controversial new testimony regarding the hearsay surrounding the March 12 slayings: the Colonel asked lesser officers that reported to the scene if any rumors were circulating about who committed the crimes. Kunk testified that officers only told him “the insurgents…some kind of sectarian violence.” Again with the fabrication, the witness stated, “something about that just diiiidn’t sound right to me.” This caused several murmurs in the crowd, specifically within the press section. Kunk has never mentioned any of this in any of his previous testimonies regarding the Mahmudiya killings. Kunk continued, speaking of his recommendation for the discharge of Green, and of his notification regarding the killings and that they “might have been committed by U.S. soldiers.”

 

After being informed, Kunk called his superiors until all proper parties had been informed, “I either had to prove it or disprove it.” Even on cross, Kunk was all encompassing in his tales of wartime. He told of Bravo Company’s attempts to get schools back in order, to get medical services up and running, and running water, “things we take for granted here in the U.S.,” Kunk added. Darren Wolf returned once again for cross. A big issue was made of how “engaged” Kunk and his respective peons were, and what they thought of each soldier’s ability to “choose to do the harder right than the easier wrong.”

 

When asked what he meant by this, Kunk gave an explanation to the amount of “choosing the harder right by retaliating against true enemies, as opposed to the easier wrong by killing innocent Iraqis.” The next topic was Captain John Goodwin. Kunk stated, “It was reported to me that Cap’n Goodwin had a ‘thousand yard stare’ and looked lethargic.” Darren Wolf pinned Kunk down in forcing him to admit that when Kunk asked Goodwin to list where his soldiers were located, Goodwin was unable to do so, thus making Goodwin “not an engaged leader” as was previously stated. In response to this, Kunk stated that he recommended a 3-day leave of absence for Goodwin because, “If you can’t do the small things right… when it’s tough, you won’t be able to do the complicated things.”

 

The last point military lawyer and defense attorney Darren Wolf made regarded the TCPs. Wolf was once again extremely professional in his actions and questioning. He was quick in bringing the differences between TCP 1 and TCP 2 to light (note: Kunk had stayed overnight in TCP1, and Def. Green was located at TCP2). Whereas TCP1 had at least 10 Iraqis and 8 U.S. soldiers on hand at all times, TCP2, the check point where Green and his fellow convicts were stationed, had a mere six U.S. soldiers. While TCP1 had sandbag barriers surrounding the checkpoint, working electricity, and a bathroom, TCP2 had none of these. Kunk, his egotistical side showing, proudly proclaimed “Sometimes I slept in the litter because I gave the cots in the TCP to my soldiers.”(Note: a litter is a stretcher used for bodies) In the end Kunk admitted, “We were asking an awful lot of our men… war is stress.”

 

Other notes of today’s trial:

 

-The Press Section was asked twice today to be quiet during the objections while both prosecution/defense were at Judge Russell’s desk.

 

- Brian L. Howard’s attorney, name withheld, present in court every day thus far, was escorted out of the courtroom after being found using a cell phone.

 

External link: http://trialcoverage.blogspot.com/2009/04/war-is-stress.html

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