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The War Profiteers - War Crimes,
Kidnappings & Torture |
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May 11th,
2009 - Penalty Phase Begins in Ex-Soldier’s Trial 1st news article from
the Associated Press 2nd news article
from the Associated Press |
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Penalty Phase Begins in
Ex-Soldier’s Trial From the Associated Press May 11, 2009 Paducah, Ky. - Federal
prosecutors have asked a jury to impose a death sentence on a former soldier
convicted of raping and murdering an Iraqi teenager and killing her family. Assistant U.S. Attorney Marisa
Ford told jurors in Paducah on Monday that the crime was so heinous, former
Pfc. Steven Dale Green should be sentenced to die. Defense attorneys said Green
didn't act alone, and none of the older soldiers involved faced such a harsh
sentence. Green, a former 101st
Airborne Division soldier from Texas, was convicted last week in the 2006
attack on a 14-year-old girl and her family in Mahmoudiya, Iraq. Jurors are expected to hear
testimony for much of the week before deciding if Green receives a death
sentence or life in prison without parole. © 2009 The Associated Press External link: http://www.chron.com/disp/story.mpl/ap/tx/6418649.html Lawyers:
Ex-soldier deserves death for crimes By Brett Barrouquere Associated Press May 11, 2009 Paducah, Ky. - A former soldier
convicted of raping and murdering an Iraqi teenager and killing her family
deserves a death sentence for the heinous crimes, federal prosecutors told
jurors Monday. Assistant U.S. Attorney
Marisa Ford said the crimes former Pfc. Steven Dale Green were convicted of
robbed a family of its dreams. The killings were horrific enough to warrant
the ultimate penalty, Ford said. "The first duty of a
civilized society is justice," Ford said. "The defendant failed to
live up to his duty to the people he was sent over there to help." Ford's comment came in the
opening of the penalty phase of Green's trial in the rape and murder of
14-year-old Abeer Qassim al-Janabi and the shooting deaths of her mother,
father and sister on March 12, 2006, in Mahmoudiya, Iraq, about 20 miles
south of Baghdad. A jury convicted Green on
Thursday of multiple counts of murder and other charges related to the
slayings. Jurors are expected to hear testimony for much of the week before
deciding whether Green, 24, receives life without parole in federal prison or
whether he will join 57 other federal death row inmates. One of Green's attorneys,
Patrick Bouldin, reminded jurors that Green did not act alone and that none
of his co-conspirators faced a death sentence. Three other soldiers who
testified against Green are serving time in military prison for their roles
in the attack but are eligible for parole within seven years, Bouldin said. Jurors don't need to impose
a death sentence to take away the rest of Green's life, Bouldin said. "The decision you make
is will he die of natural causes in prison or ... will he be killed in front
of witnesses," Bouldin said. "Either way, he will die in
prison." Jurors also heard from
several members of the al-Janabi family, who described the slain mother,
father and girls as a normal family with dreams of living in peace. Abu Farras, a cousin who
found their bodies after the slaying, said two surviving children, Mohammed
and Ahmed, don't go to school anymore. Farras said the killing
"destroyed their future." "I'm sure if they died
with their family it would be better for them," Farras said. Mohammed, now 15, told
jurors through an interpreter how his father taught him to ride a bike and
how his parents "are not like anyone else." "Do you miss them?"
prosecutor Brian Skaret asked. "Yes," Mohammed
said. Green, of Midland, Texas,
was assigned to the Fort Campbell, Ky.-based 101st Airborne Division when the
crimes were committed. He's being tried in federal court in western Kentucky because
he was discharged from the military before criminal charges were brought. © 2009 The Associated Press External link: http://www.chron.com/disp/story.mpl/ap/tx/6418844.html Hangin’ in the Balance - Day
10 By Evan Bright Steven Green Trial Blog May 11, 2009 Opening statements in the
sentencing phase of USA v. Green were heard today, along with more testimony
from various Iraqi family members. And so it began. Marisa Ford
of the prosecution opened up by speaking about murdering children and how
terrified Abeer Al-Janabi must have been before she was killed. “The murder
of a child is an unspeakable act, especially an innocent child, which all children
are. Abeer’s last moments must have been filled with terror as she was raped
while her parents and little sister were shot in the room next door. And
then, by one of the men who was sent there to protect them, she was
murdered.” Lots of legal jargon made
it’s way into the opening statements. Marisa Ford reminded the jury that they
are encouraged and in fact, required to reconsider the evidence which was
heard in the guilty phase of the trial. She spoke of imposing the death
penalty, and how doing so requires that they, the jury, by law, must outline
and note the aggravating circumstances, especially in the death of Abeer,
which according to Ford was committed in an “especially heinous, cruel, and
depraved manner.” She repeated how the four
soldiers committed the crime on March 12th, 2006, and reiterated how they
agreed on the plan, changed clothes, “brought weapons and took tools to
complete their mission,” and how they worked to cover up the evidence. She
told the jury how they would hear of the impact on the victims, and how the
Al-Janabi family was like many families from both Iraq and “right here in
Paducah, Kentucky.” She ended her opening by elaborating on a quote from
Winston Churchill: “All the great things are simple, and many can be expressed
in a single word: freedom, justice, honor, duty, mercy, hope.” Ford defiantly
expressed, “The defendant Steven Dale Green failed to live up to his duty, he
didn’t show mercy to Abeer, he took away the two remaining brother’s hope for
a normal life, he doesn’t deserve mercy.” Pat Bouldin was nervous at
the beginning of his opening, saying that he’s “never had a man’s life, nor
his liberty, in [his] hands.” He reiterated a quote that “in peace time sons
bury their fathers, in war fathers bury their sons.” He began to talk about
the brothers who had to bury their brothers, referring to the Army and the
brotherhood within. He talked about the psychiatrist Marrs who said that
losing a military brother is “like losing a child.” He thanked the jury for
being so attentive, noting that the Defense team respected the verdict. Also
a big point, Bouldin remembered the entire trial in saying “Steven has never
denied his actions on March 12th, 2006.” He talked about broadening
the scope of the evidence for the jury to “help the jury understand the
context.” He listed the two possible sentences, which are life without the
possibility of parole, and the death sentence. He took a turn for the
empathetic in saying, “these sentences are both the death penalty … because
Steven will die in prison.” Trying to save his client’s life, Bouldin
continued, “The decision is about if he will die of natural causes, or if
he’ll be taken to a room, by government officials, employees, and sat in
front of some witnesses, and killed.” “Justice must be served,” he
would later say, “but justice must be incorporated with fairness. Steven
Green did not do this by himself.” He spoke of the leadership issues and in
trying to make connections, saying, “Scott Wendelsdorf(D) is my boss - I do
what he tells me. But,” he added, “in the Army, if you don’t do as you’re
told, you go to prison.” He told of Green’s lying
about being the only person who committed the crimes, “while Steve protected
his ‘friends,’ they were plotting against him to shift the blame from
themselves.” He reminded the jury that Cortez, Barker, and Spielman will be
able to see a parole board in 7 years, by military court martial, but the
“ring leader,” is in Federal Court, sentenced to die in prison, one way or
another. “Is it really fair?” Bouldin beckoned. “ The letter head for the co
defendants will say ‘parole board’. The letter for (points to) Green? Death.”
Defendant Green looked down. He touched on Green’s
childhood, saying he “didn’t have the greatest childhood, it was a broken
home.” There “was a fair amount of drinking, of neglect,” he told. He talked
about Green’s needing a psychiatric follow up and how he didn’t get it. He
mentioned the lack of leadership. “In the prosecution’s closing they talked
about respect for life…yet here we are, debating the life of this man.” He
played on the empathy once again, saying, “All of you have the choice of life
or death, any one of you has the power of life … Green will die in prison,
but by whose hand?” He went through some of the lawyer jargon with
aggravating circumstances, etc, before ending with “The 1st Platoon … Bravo
Company has suffered enough deaths…do we have to kill one more?” Green stood
solemnly as the jury exited. The prosecution completed
its case shortly after lunch. They called four total witnesses to the stand,
who were all related to the family members. Each Iraqi minus young Ahmed
greeted the court with a “may peace be upon you,” before beginning. The first
was “Amina” Al-Janabi (I know that is incorrect spelling so if you can
correct me, leave a comment or email me!). She was Qassim Hamza’s older
sister. Qassim was Abeer’s father. She spoke of having a good relationship
with Qassim, of him having a normal life, mostly directed towards giving his
family a good life. She broke down crying while on the witness stand, with
tissues in hand, but she spoke strongly. “What I say about him…isn’t enough.
He cared for all of our family.” She went on to talk about how Qassim named
his two daughters, Abeer and Hadeel, after her (Amina’s) children of the same
name. She told of Fahkyriah (Abeer’s mother) being a strong, powerful woman.
She talked about Abeer’s pride. “She was proud of being young, and she was
proud of the freedom her father gave her. She was spoiled, her father never
suppressed her.” She almost 'boarded a tangent train', her voice elevating as
she said, “their life is destroyed currently, by a crime committed against
their family, the kids don’t go to school …” She spoke of young Mohammed and
Ahmed running up to her “countless” times, devastated over their loss, and
how they “want to suicide.” Green’s eyes widened as he heard this. When asked how she, along
with her family and the boy’s grandmother, had tried to care for the boys,
she “tries to care and help, but that’s not going to be their mother and
father for them.” A picture of four young apparently Iraqi children was shown
to the jury, and she named off Abeer, Mohammed, Ahmed, and Hadeel. This is
the first time anyone has seen a picture of Abeer (at a different age) other
than the one on her I.D. card. The defense didn’t present any kind of
cross-examination for “Amina,” or for any of the other witnesses. Mohammed Al-Janabi testified
next, wearing an Under-Armor workout shirt. He was stout, lips pursed. He
talked about his father’s memory; “I remember when we played together … when
we would take rides in the car with Ahmed to the market.” Brian Skaret asked
Mohammed if his father bought him everything he wanted at the market, and
Mohammed grinned with a “yes.” “That sounds good!” Skaret added, allowing for
some humor in the courtroom. He liked studying and going to school before the
incident, but Mohammed no longer goes to school; when asked why, he said,
“Because I no longer have the mood to study and go to school.” When questioned
about his life now, he said things you might expect, “life with my
grandmother is different, my parents aren’t like anyone else…their principles
and how good they were to me.” Again, no cross-examination. Ahmed Al-Janabi was next,
appearing apprehensive. He told of how the family slept in the same room
together. He talked a lot about Hadeel. “She would play with me. I found her
one day in the courtyard and she asked me ‘why aren’t you playing with me
Ahmed?’ We played hide-n-seek a lot.” He told the court how Qassim taught him
to play soccer and helped him with homework, and how Fahrkyiah played with
him and put him to bed. He also admitted that he was the troublemaker of the
family, with help from Hadeel. He told of Abeer helping their mother with the
cooking. When asked what he wants to be when he grows up, he said “A
policeman, so I can protect myself, so I can protect my family, my
community.” The youngster also already wants a wife. Abu Farras testified next,
his second time here in Paducah. He is Ahmed and Mohammed’s uncle. He
reiterated many points already made by his family. He told of Fahkriyah’s
dreaming of having a house next to his, and the care and work she put into
her fruit orchard. He spoke of Qassim’s dreams of being the best family man,
“but fate didn’t let him do that” he muttered. He told of Hadeel’s dreaming
of school, and how he would give her toys when she had no money for them.
“She wanted to have a fun filled life, but fate didn’t allow her to have fun,
either.” He told of Abeer’s thin,
lanky features, and her occasionally problematic asthma. “She had the dreams
other girls had, marriage, kids, just like any American family would here,
but fate also led her a different direction,” pausing before adding “but … again,
you can judge what happened.” He told of the horrible fits Mohammed and Ahmed
had, how they wouldn’t talk for a long time and how they no longer have
futures because they have quit school. “If they had died with their family it
would be better for them.” He told of how he has moved houses and
neighborhoods because of the PTSD-like fear he contracted after the events of
March 12th. He finished by reading a statement, perhaps speaking for all the
Iraqis, speaking that he “wanted to thank everyone for the kindness they have
shown us in this country, there are great people in this country. We now have
a very different, clear view of this country.” He asked for justice for his
nephews, and wished peace yet again. After the lunch break, the
defense began its case. Sgt. 1st class Phillip Miller was called first.
Attorney Darren Wolff, ever the professional, spoke with Miller about the
conditions in Iraq, but not about the leadership. Miller, linear and
descriptive, stated that since he was still in the army, he did not want to
put his future in jeopardy by commenting on leaders who he might see again (remember
this during Eric Lauzier’s testimony which is a few paragraphs down). Miller,
with an attitude of someone who has seen a lot, reiterated several points
already touched upon by the co-defendants, “the big issue was that you didn’t
know who was an insurgent and who wasn’t. We were going out on missions
without knowing why … so the causalities caused a lot of [disruption]. The
big picture of what we were trying to do there didn’t make it down to us.” He talked about seeing the
emotion in Green’s face. He also highlighted that the conditions were in part
due to the Army’s “armchair quarterback” style of command. “People were
making decisions that weren’t actually THERE.” He repeatedly noted that “everyone
deals with stuff differently.” He talked about how HE was blamed for Casica
and Nelson’s deaths. “I don’t know if any of you have ever felt that … it’s
unexplainable … to be told that YOU were responsible for the deaths of
someone YOU and EVERYONE else knew … it sends a chill down your spine that
you never want to feel again.” He said that the deaths were “the breaking
point” for Steven Green. Jim Lesousky didn’t have much for cross-examination.
He questioned Miller on the breaking point, to which Miller replied “Okay,
everyone has the point in time where it’s like ‘okay I can go another day,’
and then you just snap … without any warning. Steven snapped.” Defendant
Green bit his nails. When asked if Cortez failed in his leadership, he stated
flatly, “hell yes, Cortez failed.” The most controversial
person to testify yet, Eric Lauzier was called to the stand. He testified
about leadership, because he has been discharged from the Army and will
suffer no repercussions from his testimony. He nearly vilified the army: When
asked about Sgt. Fenlason (the commanding officer over the co-defendants who
wasn't present at TCP2 on March 12th), he appeared to become testy, saying
“that man was tactically incompetent. He had what, sixteen years of service,
with only four of those years spent ‘on the line’. He never fired his weapon
and he’d never been fired at, he hid out at TCP1 the entire time, in fact I
think he told me ‘I’ve never seen an insurgent before.’ He was a
‘hider-and-slider.’” (A hider-and-slider is a term used to describe an Army
officials who “hide” from combat while sliding up the ranks). He was asked
about the Combat Stress program and it’s reputation. He told the court that
he overheard Cortez ask Fenlason for permission to go to Combat Stress.
According to Lauzier, Fenlason’s response to Cortez was “you want to take
that punk ass route? Go right ahead.” When asked about Captain
Goodwin, he testified that “his hands were tied, he felt responsible for
Britt and Lopez’ deaths so he was put on R&R.” On Britt’s leadership, he
stated that he was “the best lieutenant I ever had, he was a West Point
graduate and he listened to his NCOs.” Lauzier got very frustrated when asked
about Lt. Col. Kunk. “he would micromanage, he wouldn’t listen to what the
NCOs were telling him … he would absolutely berate any officer who tried to
say things like ‘we don’t have enough manpower.’ He threw lives away … when
he showed up after Casica and Nelson got killed he said he ‘was tired of
First Platoon feeling sorry for itself.’ The defense’s last witness
was one of Green’s best friends from the Army. He spoke of the “do as you’re
told” Army style. He went through basic training and employed at Fort
Campbell with Green. When he told a story of someone playing a prank on Green
by shaving his right eyebrow just before a family visiting day, Green showed
more emotion than he ever had before, grinning and chuckling at the memory. Notes: - Dave Alsup from CNN was
present in the courtroom today, as was a string reporter for the New York
Times. Expect some of the European Media to show up as the week progresses,
and possibly Al-Jazeera, the Arabic news network. - A sketching artist was in
the courtroom as well. - Abeer means the smell of a
flower, and Hadeel means the sound of water. - Green always listens to
the sidebar (legal talk between judge and prosecution and defense/objections)
via headphones. We, the audience, cannot hear what is being said. External link: http://trialcoverage.blogspot.com/2009/05/hangin-in-balance.html |