The War Profiteers - War Crimes, Kidnappings & Torture

 

April 30th, 2009 - Green Murder, Rape Trial Enters 4th Day

News article from the Associated Press

News blog from the Steven Green Trial Blog

Summary of the Mahmudiya Massacre

Green Murder, Rape Trial Enters 4th Day

 

By Brett Barrouquere

Associated Press

April 30, 2009

 

Paducah, Ky. - A former U.S. Army sergeant said an ex-soldier charged with killing a family in Iraq and raping a teenage girl had twice acknowledged committing the attack in the days after the bodies were discovered.

 

Anthony Yribe, who was in the same unit of the 101st Airborne Division with Steven Dale Green, told jurors Wednesday that Green admitted to the crimes in two separate interviews, one hours after the attack March 12, 2006, and again the next day.

 

Yribe said he met Green and another soldier at a traffic checkpoint after seeing the bodies.

 

“Green said something to the effect of, ‘I did that,’” Yribe said during testimony on the third day of Green’s trial in U.S. District Court.

 

During an interview the next day, Yribe again questioned Green about details of the crime. Yribe said Green accurately described how many bodies there were and where they were in the house. But Green refused to implicate any other soldiers.

 

“He said he did it alone,” said Yribe, of Belleview, Idaho.

 

Yribe testified he was charged with dereliction of duty and making a false official statement for not telling military investigators about his conversation with Green. He said that as part of a deal with prosecutors, the charges were dismissed and he accepted an other-than-honorable discharge from the Army in 2008.

 

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 near Mahmoudiya, Iraq, about 20 miles outside Baghdad. 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.

 

Also Wednesday, jurors saw photos taken by Yribe hours after the attack. The photos showed a mother, father and small girl lying in pools of blood with shotgun wounds. Other photos showed badly charred and barely recognizable human remains.

 

As the photos were shown, Green sat at the defense table, rubbing his eyes, staring at Yribe and looking around the room.

 

Yribe recounted the two interviews with Green, saying he initially didn’t believe his fellow soldier committed the acts.

 

“I asked him if he was serious or if this was just him talking,” Yribe said. “He said he was serious, that he did it alone.”

 

Yribe said he didn’t tell his superior officers about Green’s comments. Defense attorney Scott Wendelsdorf asked: “Did you feel a sense of allegiance to Pfc. Green because of your service in the Army?”

 

“A little bit,” Yribe responded.

 

A superior officer, Lt. Col. Thomas Kunk, initiated a criminal investigation in June 2006, after hearing rumors about American involvment in the slayings. Yribe said he lied to Army criminal investigators.

 

“At that point, why were you lying?” Wendelsdorf asked.

 

“The gravity of the situation and my involvement in it came into play,” Yribe said.

 

Wendelsdorf pressed Yribe: “You got yourself in too deep and you got scared?”

 

“Yes,” Yribe answered.

 

Earlier Wednesday, Kunk testified that he met with Green after his 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.”

 

Kunk said he 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.

 

In May 2006, Green was discharged from the Army after being diagnosed with a personality disorder.

 

The federal trial is being held in western Kentucky because the 101st Airborne Division is based at Fort Campbell, Ky.

 

External link: http://www.armytimes.com/news/2009/04/ap_army_steven_green_trial_043009/


Sustainability - Day 3

 

By Evan Bright

Steven Green Trial Blog

April 30, 2009

 

The cross of Colonel Kunk got a little more exciting today. Green opted out of the sweater vest and in with a light blue button down(why am I writing about court fashion style?). During the cross, Darren Wolf once again had conflicts with Kunk. Questioned over the burning of the soldier’s FOB (forward operating base), Kunk testified that the soldiers “lost some of their personal property,” with Wolf trying to assert the morale downturn the soldiers would have had after losing their “homely” items. Wolf forced Kunk into agreeing that he did put all involved soldiers in the same place (TCP2) on March 12th. Kunk skillfully evaded saying what Wolf was trying to extrude from him (a la “maybe if I hadn’t put the soldiers there, it wouldn’t have happened”). Wolf then used the technology in the room to diagram the bases(touch screens with projectors, the drawings and exhibits being show to the jury). […]

 

When confronted about his testimony in the other soldier’s Article 32s (courts marshal), Kunk consented to the fact that he had stated that Cortez, Spielman, and Green were all “wallowing in [their] self pity.” Green perked up at this segway in the back-and-forth. Down the hypothetical “road” a ways, proceedings stalled again when Wolf inquired as to whether or not Kunk had identified Green as having combat stress issues. “No I did not,” he denied. In his previous testimony, Kunk stated he had (plot thickens).

 

Kunk spoke of the time he counseled to Green about his officer’s deaths and the grief that came with it. He spoke of asking Green if he thought “all Iraqis were bad,” to which Green reportedly responded “no not all off the Iraqis are bad.” Kunk said he questioned Green about his meaning of “not all,” and that Green spoke of how frustrating it was to “not be able to tell who was an insurgent and who wasn’t.” One of the larger points in today’s events, Kunk admitted that Colonel Ebel, himself, and Captain Goodwin all knew that Green was having “violent tendencies towards Iraqis and wanted to kill them.”

 

Next, [former] Sgt. Anthony Yribe (“ya-ree-bay”) testified for the prosecution. Upon entry, Yribe nodded to his former soldier and friend across the courtroom(Green). The then-Sergeant was charged with derelict of duty and falsifying information to a superior officer; once brought to trial, Yribe signed a plea agreement allowing him out of the Army on an “other than honorable” discharge, in addition to truthful testimony in his co-defendant’s cases, obviously including this one.

 

Yribe spoke of his supervision of four soldiers, and of operations at the various TCPs, stating that TCP life consisted of “primarily guard duty.” He talked about his teamwork with defendant Green in rushing the bodies of Sgt. Nelson and SSgt. Casica back to medical facilities in hopes of saving their lives. Personally, I noticed the militaristic style that Yribe exhibited. Except when directed to explain further, all of Yribe’s answers consisted of short, curt replies of “yes” or “no.” Perhaps not a surprise but more of a formality, his direct examination with Prosecuting Attorney James Lesousky seemed oddly rehearsed at times.

 

He was questioned on the whereabouts of the bodies upon being called to examine the crime scene. The prosecution unveiled a to-scale model of the Al-Janabi house to assist Yribe with this, murmuring about being “careful” because it “cost a lot of money.” [Note: In general terms, the “United States” has spent or is spending anywhere from $4 to $6 million dollars in prosecuting and vying for the death penalty for Green … there’s your tax dollars at work, America]

 

Next were pictures that the former Sgt. took of the crime scene upon his arrival. Skipping over the menial details … Exhibit 7D, a picture of Qassim Hamza Rasheed dead, laying face down on the floor with brain matter scattered in ... multiple places around him … caused several visible and audible grimaces within the crowd, with Green looking down but eyeing the jury. After pictures of all bodies were shown, Green was seen rubbing his eyes/forehead.

 

Yribe spoke of Green’s “confession” to the crimes, and of Specialist James Barker’s hearing the confession but saying nothing, something that the Defense would later play upon. As he spoke of his realization that Spc. Green was telling the truth, Def. Green anxiously bit his nails.

 

When attorneys asked Yribe why he didn’t turn Green in, Yribe murmured, “It was kind of … out of sight out of mind? I didn’t understand the gravity of the situation.”

 

During his cross-examination, Yribe was, for the most part, accepting and cooperative. As previously mentioned, Yribe was questioned on Barker’s presence during Green’s “confession” to the murder. The defense made light of Green’s confessing that he and he alone did the murders, with Barker saying nothing and confessing to nothing, even though he had every opportunity to do so. Scott Wendelsdorf (D) pondered, “Is it true that if Green had said nothing to you, these crimes would have gone unsolved?” to which Yribe confirmed. Wendelsdorf also pointed out that the only lie Pfc. Green told was that he was the only one who committed the crimes, while Barker “stood there, cool as a cucumber.”

 

When the cross showed pictures of Casica & Nelson’s assailant/murderer (gory … more brains), Yribe stated that what [we in the court] were seeing was “not that bad.” He testified that the deaths of Casica, Nelson, Britt, and Lopez would have “absolutely affected the morale of the troops.” Defense attorneys asked how long a soldier could live in the conditions that the five soldiers involved were living in, before succumbing to fatigue and sleep deprivation. “3 to 4 days,” Yribe answered, “I mean it’s 120º out there, it’s kind of hard to sleep.” Regarding the morning IED searches, Yribe sadly intoned “you get used to the fact that you’re gonna die, you become numb, fatalistic.” The cross inquired: When asked how you could tell if someone was a good guy or a bad guy, Yribe flatly stated “You couldn’t.” “This war didn’t break you did it?” “No.” “Do you know people it has broken?” A curt, definitive “yes.” “Destroyed …?” “Yes.”

 

On that note I’m going to end this particular blog post. It’s 1 AM. Yes, some CID agent named Terry testified for nearly three hours. But whereas Yribe testified for two and I got seven pages of notes out of him, Terry testified for three hours and I only got half of a page. Minus a legal squabble over a shell casing, the only “important” thing was that an investigation occurred.

 

Notes: - Many objections today, and much sustainment, causing one Attorney Wendelsdorf much frustration, albeit I think he tried to hide it.

 

- For those not living in Paducah and unable to see for themselves, the NSA allegedly had watch over the court house for a month prior to the trial’s beginning for fear of bombs/retaliation. Even as the court proceeds, police officers are stationed on three street corners outside the front door of the courthouse.

 

External link: http://trialcoverage.blogspot.com/2009/04/sustainability.html

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