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May 5th, 2009 - Defense Rests Case in Ex-Soldier’s Trial

News article from the Associated Press

News blog from the Steven Green Trial Blog

Summary of the Mahmudiya Massacre

Defense Rests Case in Ex-Soldier’s Trial

 

By Brett Barrouquere

Associated Press

May 5, 2009

 

Paducah, Ky. - Defense attorneys called two soldiers to discuss the hardships faced by troops in combat before resting their case Tuesday in the trial of a former soldier charged with the rape and murder of an Iraqi teen and the shotgun deaths of her family.

 

U.S. District Judge Thomas B. Russell scheduled closing arguments for Wednesday in the case of former Pfc. Steven Dale Green, who could face the death penalty if convicted.

 

A civilian jury is hearing the case in federal court in western Kentucky because Green had been discharged from the Army before being charged in the case. Other soldiers charged in the attack were prosecuted in military court.

 

The trial began April 27 for Green, 24, of Midland, Texas. He has pleaded not guilty to charges related to the March 12, 2006, attack on 14-year-old Abeer Qassim al-Janabi and her family.

 

The defense ended its case after questioning two witnesses Tuesday, playing one videotaped deposition and a short segment from the television show "60 Minutes" for jurors. The testimony focused primarily on the conditions soldiers lived and worked under in an area known as the "Triangle of Death."

 

Jurors saw an hourlong deposition of former Spc. James Gregory. Gregory, who served in the same company in the 101st Airborne Division with Green, was unavailable to testify in person because of his wedding, defense attorney Patrick Bouldin said.

 

Gregory said soldiers worked constantly, slept little and felt like they were going to be killed rather than live through their tour of duty.

 

"We were all pretty much nervous wrecks," Gregory said. "We were just waiting on the day, when your day was coming."

 

Another former soldier from the 101st, Christopher Barnes, described for jurors stressful conditions, where soldiers faced the constant threat of roadside bombs and uncooperative locals who seemed to know when an attack was planned.

 

"They were all in on it, every single one of them," Barnes said. "They could have easily warned us. They didn't want to warn us."

 

Barnes said the inability to tell civilians from combatants engendered hostility among the soldiers toward all Iraqis.

 

"Now, you have someone to hate," Barnes said.

 

But, Assistant U.S. Attorney Marisa Ford said, not all soldiers acted on their desires to kill civilians.

 

"You didn't rape any 14-year-old Iraqi girls?" Ford asked Barnes.

 

"No," Barnes said.

 

"You didn't kill any Iraqi civilians, did you?" Ford asked.

 

"No. But there were times when I felt like I wanted to," Barnes said.

 

Prosecutors have said Green often talked of wanting to kill Iraqis, but when pressed, would tell people he wasn't serious. In the weeks before the attack on the family, several soldiers from Green's unit were killed in combat.

 

One witness Tuesday, former Pfc. Justin Watt, walked jurors through the daily log books kept by the military, then jurors watched a segment of an interview Gen. Raymond Odierno gave the "60 Minutes" show in September 2008.

 

In the interview, Odierno described the "Triangle of Death" as one of the more dangerous places in Iraq in 2006 and 2007.

 

The defense, which did not put on evidence that Green wasn't involved in the crime, called a total of four witnesses. On Monday, Lt. Col. Karen Marrs, an Army combat stress nurse, testified about Green's mental health in the months before the attack.

 

The defense has asked jurors to consider the context surrounding soldiers in Green's company, saying the Army failed to help the fighters after colleagues and leaders were killed in enemy attacks.

 

Prosecution witnesses have included soldiers who said Green killed the parents and sister with a shotgun. They said Green was the third soldier to rape Abeer before shooting her to death with an AK-47 rifle.

 

© 2009 The Associated Press

 

External link: http://www.chron.com/disp/story.mpl/ap/tx/6409019.html


Iraq: “It’s like shootin’ at ghosts, blindfolded.” - Day 7

 

By Evan Bright

Steven Green Trial Blog

May 5, 2009

 

The guilty/not guilty phase of USA v. Green is complete. The defense finished its case today with three witnesses: Christopher Barnes, a video deposition of James Gregory, and Justin Watt.

 

No surprise, Barnes spoke of the area he shared with the defendant in Iraq. "It was rough, like hell, constant sweat and no sleep."

 

When attorney Pat Bouldin asked what the general thought from soldiers was on Iraqis, again, he paraphrased what had already been said: "they were all in on it ... they don't want us here anyway." He talked about the average four hours of sleep soldiers achieved. He spoke of the deaths of superior officers Munger and McKenzie. He said that the deaths of Casica and Nelson and the effects they had on the morale of the troops was by far "the worst, the roughest I've ever seen." He talked about assisting in the search for, and finding pieces of Britt's body. Marisa Ford crossed Barnes, asking his personal thoughts on Green pre-war. "He was really innocent, a really big kid." When questioned about his PTSD, "PTSD ruined my life," Barnes grievously stated.

 

Waiting on the sidelines, James Gregory "took the stand" next. A video deposition that was filmed on April 25th was shown to the courtroom. Gregory would seem to be the typical just-out-of-the army dude. A big, burly man, with a deep voice and the tattoos to boot. You can't forget the Led Zeppelin shirt either. He, like the rest of the former soldiers, enlisted in the Army and was deployed to Iraq in September of 2005. The effects of PTSD were extremely obvious in Gregory; he looked down and spoke somberly but matter-of-factly, as if being forced to remember something he'd rather forget. He spoke of witnessing Britt and Lopez, among others, walk over and trip an IED, and of how the IED appeared to be designed for a vehicle, not dismounted troops. He appeared upset (as upset as a man like him could be) as he talked about trying to extract Britt's body from the canal it was thrown into. Bouldin asked him what it was like to be in a firefight, to which he replied "well i mean, it's a firefight. You got all this shit flying at you … around you, but you can't see the source." He would later add that "it ain't like you see the Germans and know what they look like and where they are ... it's like shootin' at ghosts, blindfolded." He also talked about seeing the company FOB (Forward Operating Base) from TCP1. He talked about not having near enough manpower at the TCPs and his aformentioned PTSD diagnosis. For the cross, Jim Lesousky simply addended that "You knew your limits while you were over there didn't you? You knew not to kill innocent civilians or innocent Iraqis?" "Yes," Gregory replied, before adding "It's something I think about every day."

 

Next, Justin Watt was called in. Justin was the RTO (radio operator) for 1st platoon. Chris Cooper ... errr Darren Wolff, brought in the radio log book which contained all of the events that occurred (or were logged) between February 25th, 2006 to March 28th, 2006. Prior to trial, Watt also prepared a list of abbreviations for the jury to use during deliberation. Wolff and Lesousky (P) both went through a page or two in the log book, having Watt explain various abbreviations and commands and directions.

 

Lastly, the defense showed a clip from a September 28th, 2008 airing CBS' 60 Minutes, the main point being that before "General O" took command, there were upwards of 100 attacks per week in Iraq, whereas now there are around two per week. In the clip, Barbara Walters asked the incumbent General O if the Triangle of Death was one of the worst parts in Iraq, he said "the worst."

 

The guilty/not guilty phase is complete. Chief District Judge Thomas B Russell adjourned shortly before noon today, admonishing the jurors of their duties, and announcing that court will reconvene tomorrow, Wednesday, May 6th 2009, to hear closing statements. Expect a guilty/not guilty verdict by Wednesday's end, Thursday at the latest.

 

Notes:

 

- The fatigue was visible today in the courtroom. The judge, lawyers, jurors, even members of the press (mostly me) were seen yawning at various times.

 

- The Huffington Post sent Gail Mellor to report on the trial. You may very well find a byline on her story about this trial … we shall see!

 

External link: http://trialcoverage.blogspot.com/2009/05/iraq-its-like-shootin-at-ghosts.html

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