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April 29th, 2009 - Lt. Col. Testifies in Ex-Soldier’s Federal Trial

News article from the Associated Press

News article from Agence France Presse

Feature article from Time Magazine

Summary of the Mahmudiya Massacre

Lt. Col. Testifies in Ex-Soldier’s Federal Trial

 

By Brett Barrouquere

Associated Press

April 29, 2009

 

Paducah, Ky. - An Army officer who oversaw the unit of an ex-soldier charged with killing a family in Iraq and raping a teenage girl testified Wednesday that he "felt comfortable" after meeting with the man weeks before the crime.

 

Lt. Col. Thomas Kunk, who oversaw the unit of the 101st Airborne Division that included Steven Dale Green, said he met with the soldier in January 2006.

 

Responding to defense questions on the third day of Green's federal trial, Kunk said the meeting came after Green's unit had suffered the deaths of several soldiers. Green had apparently told others that he wanted to kill Iraqi civilians, Kunk said.

 

"I specifically remember asking Steven Green, 'Do you think all Iraqis are bad?' He said, 'No, not all Iraqis are bad, Sir,'" Kunk said. "After engaging him and looking him in the eye, I felt comfortable about that."

 

Green, 23, of Midland, Texas, has pleaded not guilty to more than a dozen charges against him, including sexual assault and four counts of murder.

 

Prosecutors have said Green was the triggerman among a group of soldiers who attacked the family March 12, 2006 near Mahmoudiya, Iraq. They said he shot 14-year-old Abeer Qassim al-Janabi's parents and 6-year-old sister, then was the third to rape the teen before shooting her in the face several times.

 

Green faces a possible death sentence if convicted in federal court, where he is being tried because he had been discharged from the Army before charges were brought.

 

Defense attorneys have asked jurors to consider the "context" of war surrounding Green, painting a picture of young soldiers in harsh wartime conditions, lacking leadership and receiving little help from the Army to deal with the loss of friends.

 

Other soldiers involved in the attack were prosecuted in military court. Two of those pleaded guilty at court martial and a third was convicted. A fourth who stayed behind at a checkpoint while the others went to the family's home pleaded guilty to being an accessory.

 

On Wednesday, Kunk said his superior, Col. Todd Ebel, and a company commander had relayed reports of Green's desire to kill Iraqi civilians.

 

Ebel told jurors Tuesday about a 30-minute conversation with Green in which the soldier talked of wanting to shoot Iraqi civilians because he couldn't distinguish them from the enemy.

 

One of Green's attorneys, former Marine lawyer Darren Wolff, questioned Kunk on Wednesday about whether Green directly told him about a desire to kill Iraqi civilians.

 

"You learned in 2006 that Steven Green had an inclination to kill all Iraqis," Wolff told Kunk.

 

Kunk sat up straight and replied: "I had heard small talk. I was concerned about that. Green never personally told me that."

 

Kunk said that's when he met with Green and explained that only a "small percentage" of Iraqis were bad. After the two men exchanged a "firm handshake," Kunk sent Green back to his unit.

 

"I felt good about that conversation," Kunk said.

 

On Tuesday, Kunk told jurors he heard from other soldiers in June 2006 that Americans may have been involved in the slayings. After conducting initial interviews, Kunk said, he turned the case over to Army criminal investigators.

 

In May 2006, Green had been discharged from the Army after being diagnosed with a personality disorder. His federal trial is being held in western Kentucky because the 101st Airborne Division is based at Fort Campbell, Ky.

 

© 2009 The Associated Press

 

External link: http://www.chron.com/disp/story.mpl/ap/tx/6399192.html


Rape-murder accused wanted ‘to kill all Iraqis’

 

From Agence France Presse

April 29, 2009

 

Paducah, Kentucky - A US Army colonel has testified that a former soldier on trial for the murder-rape of an Iraqi girl and the killing of her family told him months earlier he wanted "to kill all Iraqis."

 

But Colonel Todd Ebel, who had been asked to assess the mental condition of former private first class Steven Green, said Tuesday he dismissed the soldier's remarks as a venting of frustration and believed he "would be okay."

 

Green is accused of being the leader of the gang rape of a 14-year-old Iraqi girl by US soldiers in March 2006 in Mamudiyah, south of Baghdad, and of killing her, her father, mother and six-year-old sister.

 

Green, who was discharged for what was described as a personality disorder before the killing was discovered, is on trial in a civilian court.

 

Three fellow soldiers were sentenced to life in prison following military trials and a fourth was sentenced to 27 months for his role as a lookout.

 

Three months before the killing, Ebel talked to Green to assess his mental state following the murder the soldier's sergeant and staff sergeant by an Iraqi man at a traffic checkpoint.

 

Ebel testified that Green told him "he wanted to kill all Iraqis" and "that he didn't think the tactics used by the Iraqis in this war were fair."

 

He said Green expressed frustration that the enemy would sometimes dress as civilians, making it extremely difficult to know whom to trust and whom to fear.

 

"I took that as his normal grieving," Ebel said of Green.

 

He said he instructed Green's superior officers to get him the help he needed including meetings with mental health counseling and chaplains.

 

Copyright © 2009 AFP.

 

External link: http://www.google.com/hostednews/afp/article/ALeqM5ggzZnAyh9Lyn8E45Jf1ryrztQFfA


Civilian Trial Begins for Ex–Iraq Soldier

 

By Jim Frederick

Time Magazine

April 29, 2009

 

With its dark wood benches, plush blue carpeting and rich ornamental details, the second-floor courtroom of the U.S. District Court in Paducah, Ky., is half a world away from Iraq's hardscrabble Triangle of Death. But in a trial that opened here on Monday, Steven Green, a former private first class from the 101st Airborne Division, stands accused of crimes committed there, one the worst atrocities believed to have been carried out by U.S. forces during the war.

 

Three previous trials have established this much: on March 12, 2006, a small group of junior soldiers slipped away unnoticed from a lightly defended traffic checkpoint just outside the insurgent-infested town of Yusufiyah, 20 miles south of Baghdad. Nursing a hatred of Iraqis stemming from heavy losses their unit had suffered, and fueled by several bottles of Iraqi whisky, they embarked upon a premeditated crime of gruesome barbarity. Donning black long-underwear outfits as disguises, even though it was the middle of the day, they traveled a few hundred meters to an isolated farmhouse where they gang-raped Abeer Qassim Hamza al-Janabi, a 14-year-old Iraqi girl, and murdered her, her parents and her 6-year-old sister. The men returned to their checkpoint unnoticed, and for months afterward, the massacre was considered by the Army and locals alike to be just another outburst of the frequent Iraqi-on-Iraqi violence that plagued the area.

 

Three soldiers from that murderous expedition have already been tried by court-martial for their roles in the crimes. All were found guilty and all were sentenced to jail terms of 90 years or longer. But because Green, whom the three other soldiers have described as both the plot's mastermind and trigger man, was discharged before the full extent of the crimes was discovered, he is being tried in a civilian court, where federal prosecutors are seeking the death penalty. He faces 17 counts of conspiracy, rape, murder, unlawful use of a weapon and obstruction of justice.

 

In opening statements, federal prosecutor Brian Skaret emphasized the barbarity of the slaughter, focusing almost exclusively on the events of March 12, and Green's alleged role in it. In the opposing opening statement, however, defense lawyer Patrick Bouldin called attention to what he called "the context of the tragedy." Although Green is pleading not guilty to all charges, Bouldin did not explicitly affirm his client's innocence during his remarks, emphasizing instead to the jury that the events of March 12 cannot be fully understood without appreciating the horrific conditions that Green's platoon labored under, the breakdown in leadership that it suffered and the clear, repeated warning signs of Green's instability that his superiors routinely ignored.

 

But getting a civilian jury to believe that the frequently dehumanizing extremes of life in a war zone can be mitigating factors for even the most heinous of crimes will be one of the defense team's greatest challenges. Green is the first former soldier to face trial - and the possible death penalty - in a civilian court for conduct during war. And, during the first day of trial, Green's lawyers clearly felt forced to assume a pedagogical role that would not be necessary with a military jury. They described not just the psychological toll that constant battle can take but even the most rudimentary military basics, like how many soldiers an infantry staff sergeant leads and how many platoons are in a company.

 

Over the past year, Green's lawyers have filed several motions challenging the Military Extraterritorial Jurisdiction Act (MEJA) of 2000 and 2004, a law designed to close the loophole that enabled military contractors or the spouses of servicemen and servicewomen to escape punishment for crimes committed abroad. Green's lawyers (as well as several military-law experts) have maintained that MEJA was never intended to cover cases like his, but, in August, U.S. District Judge Thomas Russell upheld its constitutionality. Green has offered to re-enlist in the Army and face a court-martial, but that request has also been denied.

 

Where Green is tried could be a matter of his life and death. While the Army punishes murderers severely, it has rarely executed soldiers in the post–World War II era; the last time it did was in 1961. Green's lawyers have thus maintained that it is fundamentally unfair that their client faces a much harsher potential penalty than his already convicted co-conspirators, for whom the Army did not seek death and who will be eligible for parole in 10 years. The day before the trial began, federal prosecutors asked the judge to have this line of argument barred from the court, saying it risked biasing the jury because, they wrote in their motion, of "our sense of indebtedness to the service and sacrifice of our fighting men and women." Green's trial is expected to last three to six weeks, and if a death penalty is handed down, an already notorious war crime may well become even more so.

 

Jim Frederick, a former editor at TIME, is writing a book about Green's unit, titled Black Hearts: One Platoon's Disintegration in the Triangle of Death and the American Ordeal in Iraq, which is to be published in spring 2010 by Harmony Books.

 

External link: http://www.time.com/time/nation/article/0,8599,1894375,00.html

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