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May 12th, 2009 - Witness: Ex-Soldier had Impulse Control Issues

1st news article from the Associated Press

2nd news article from the Associated Press

News article from CNN

News article from the Steven Green Trial Blog

Summary of the Mahmudiya Massacre

Witness: Ex-Soldier had Impulse Control Issues

 

From the Associated Press

May 12, 2009

 

Paducah, Ky. - A neuropsychologist has testified that an ex-soldier facing a possible death sentence for rape and murder in Iraq has brain damage in the areas that control impulses.

 

Ruben Gur, director of neuropsychology at the University of Pennsylvania School of Medicine, said Tuesday that the condition leaves former Pfc. Steven Dale Green vulnerable to inappropriate behavior in chaotic situations. Gur told jurors that Green likely suffered closed head injuries that caused the damage.

 

A jury is hearing testimony before deciding whether to sentence the former 101st Airborne Division soldier to death or life in prison.

 

The nine-woman, three-man panel convicted Green last week of multiple counts of rape and murder related to an attack on 14-year-old Abeer Qassim al-Janabi and the slaying of her family on March 2, 2006 south of Baghdad, Iraq.

 

© 2009 The Associated Press

 

External link: http://www.chron.com/disp/story.mpl/ap/tx/6420345.html


Witness: Ex-soldier had impulse control issues

 

By Brett Barrouquere

Associated Press

May 12, 2009

 

Paducah, Ky. - An ex-soldier who could be sentenced to death for raping and killing a teenage girl in Iraq has brain damage that can make it difficult to control impulses and process information in chaotic situations, a neurological expert testified Tuesday.

 

Ruben Gur, director of neuropsychology at the University of Pennsylvania School of Medicine, told jurors Tuesday that former Pfc. Steven Dale Green would be prone to acting inappropriately in chaotic situations because of the brain damage. Gur, testifying for the defense, said the brain damage likely was caused by several head injuries.

 

Gur said people with brain damage like Green's would have "major difficulties" processing information and controlling impulses.

 

"They won't have the brakes and they'll be easily aroused into action," said Gur, who is not a medical doctor.

 

Green would likely adapt well to structured environments, such as the military or prison, Gur said.

 

A jury is hearing testimony in the penalty phase of Green's trial before deciding whether to sentence him to death or to life in prison. Jurors didn't hear an explanation Tuesday for how or when Green suffered head injuries.

 

The nine-woman, three-man panel convicted Green last week of multiple counts of rape and murder related to the March 2006 attack on 14-year-old Abetter Passim al-Janabi and the slaying of her father, mother and sister at their home in Mahmoudiya, Iraq, about 20 miles south of Baghdad.

 

Testimony is expected to last several days before the jury begins deciding the sentence.

 

Under questioning from Assistant U.S. Attorney Jim Lesousky, Gur told jurors he didn't examine Green personally. Instead, Gur said, he reviewed an MRI done of Green at the University of Louisville.

 

Prosecutors on Monday told jurors that Green's crime was so heinous it warranted a death sentence. Defense attorneys said that Green didn't act alone and that none of the other soldiers who participated in the attack faced a death sentence.

 

Those soldiers received prison sentences of up to 90 years in military court, but could be paroled in seven years.

 

Green, 24, of Midland, Texas, is being tried in civilian court because charges were brought in the case after he was discharged from the Army. Green had been stationed in Iraq with the Fort Campbell, Ky.-based 101st Airborne Division.

 

Copyright © 2009 The Associated Press.

 

External link: http://www.google.com/hostednews/ap/article/ALeqM5iYeOUInDxFuT4T8CsYG9-_KfQ9pgD984SR080


Iraqi family survivors: We wish U.S. soldiers had also killed us

 

By Dave Alsup

Cable Network News

May 12, 2009

 

Paducah, Kentucky - Surviving members of an Iraqi family said they are haunted by a murder rampage committed by a gang of U.S. soldiers.

 

They testified Monday in the sentencing phase of a trial, in which one of the soldiers has been convicted and might face the death penalty.

 

Testimony is to continue Tuesday.

 

On Monday, family members said their lives have been ruined and it would be better if the soldiers had also killed them.

 

Defendant Steven Green did not make eye contact as the family members testified.

 

Green has been identified as the ringleader in the murder rampage. He was convicted last week in U.S. District Court in Kentucky of murder, rape, conspiracy and obstruction of justice.

 

He and other soldiers barged into the home of an Iraqi family in 2006, raped a 14-year-old girl, killed her and her family, and set the home afire, authorities said.

 

Ameena Al-Janabi testified through a translator Monday that her two grandsons were the first to arrive on the fiery scene and see that their family members had been killed.

 

The two boys used to be great students, but have since refused to attend school, the woman said.

 

They "are lost, as if they are not living in this life," Janabi said.

 

Abid Abu Farras, a cousin, also spoke about the effect of the murders on the surviving brothers.

 

Their "futures are destroyed," Farras said. "If they had died with their family, they would have been better off."

 

The prosecution rested after four witnesses.

 

The defense called other soldiers to the stand to illustrate the chaos that Green's platoon faced while deployed in the Mahmoudiya area of Iraq, south of Baghdad.

 

Four other former soldiers are in prison for their roles in the crimes and the cover-up that followed.

 

Private First Class James Barker, Sgt. Paul Cortez, Private First Class Jesse Spielman and Private First Class Bryan Howard received sentences ranging from 27 months to 110 years - with the possibility of parole in 10 years in the most severe cases.

 

They were convicted and sentenced in a military court.

 

Green might become the first former U.S. soldier to face the death penalty for war crimes before a civilian court.

 

The reason for the distinction: Green was discharged from the military before his crimes came to light.

 

When the killings became public in 2006, the Iraqi public was enraged and some Iraqi officials demanded that American soldiers accused of crimes against civilians face prosecution in Iraqi courts.

 

U.S. military and civilian officials condemned the attack and vowed to bring those responsible to justice.

 

External link: http://edition.cnn.com/2009/CRIME/05/12/kentucky.iraq.murder/


Combat Incapable - Day 11

 

By Evan Bright

Steven Green Trial Blog

May 12, 2009

 

Both lot and little happened today. When court reconvened shortly after 9 AM, Dr. Ruben Gur was called to the stand. Obviously a man of intelligence, Gur spoke of his studies on brain function and behavior, and of his studies at the Hebrew University in Israel, Michigan State, Stanford, and his current residency at the University of Pennsylvania; and you had better believe he's got the collegiate proffesor's accent to back it up.

 

Dr. Gur spent the first hour of his testimony working with defense attorney Pat Bouldin in giving the court audience a High school Biology 101 lesson on the brain and it's various parts and functions. He took us on a tour of the brain.

 

Not word for word: "Green has frontal lobe damage....particularly on ze left side. [According to Gur] This means Green has difficulty making decisions, and does not work well under disorganization nor without being told what to do. He is or would be happy to follow a leader because he doesn't want to be pressured. He works well in a structured environment."

 

When asked if he thought Green would do well in the military, judging by Green's MRI, Dr. Gur agreed. "What about in prison?" Bouldin questioned. "With the structure … yes, without structure you can expect trouble." Again, more defense strategy in trying to save their client's life. On cross, Jim Lesousky questioned Gur on how Green could be "more prone to act on his impulses" when the four soldiers "sat around playing cards and planning the rape." For redirect, Bouldin brought out Green's seeking leadership as opposed to taking leadership as a response.

 

The defense's next witness was Dr. Greg Simolke, seen pictured here.

 

Simolke is Steven Green's uncle, he is an obstetrician in Marion, North Carolina. He talked about the family. His sister, Roxanne, is Steven's mother (expect to hear from her soon). He told the court of Steven's older brother Doug, and his younger brother Danny. When describing Roxanna, Steven's mom, he paused for a minute before answering that she is "a 'live in the moment' type of person,'... someone acts on impulse and doesn't give a lot of thought [to the consequences]." He said that he had always known her personality made it hard to raise kids, "I have a polar opposite personality to hers and even I'm having trouble raising kids." He talked about how Roxanna always worked a lot at night and wasn't home much for her kids. The next subject was Steven himself.

 

You could see the emotion growing in Simolke's face and demeanor. He spoke of Steven, Doug, and Danny not having many rules. When asked about Doug's "being tough" on Steve, he testified that "Doug … was hard on Steve … (pause) … it felt like that...wore on Steve. Doug was sort of …" At this point, Dr. Simolke broke down crying and had to pause for a few minutes to regain his composure. He was given some water and he continued. "Doug was sort of...in charge, but he was too young to manage Steve." Bouldin asked what his(Simolke's) thoughts were on Green and he "generally … I felt sorry for Steve. I felt that he wasn't completely normal … nothing drastic or super unusual … he was generally left out [throughout] his life. (pauses … more tears) Nothing ever worked out for him, he had a black cloud hanging over him … (pause) … I just didn't think life was workin' out for him." During all of this, Green was noticed staring straight ahead.

 

Simolke testified that he wouldn't have called Steven Green a leader. "No … I don't want to be offensive...he wasn't a leader...anyone who knows Steve wouldn't say he was. He's a follower." Simolke testified about Green living with him for a few months, maintaining a C-average, before realizing that he was so far behind in school that wouldn't be able to graduate high school that year with the rest of his classmates; after which dropping out and moving back to his hometown of Midland, TX where he got his GED.

 

Simolke spoke of his memories of Steve, one of beginning a tandem bike riding relationship after Steven was denied from the football team for bad grades. He told the jury that he "was prouder at Steven's military basic training graduation than any other time." He too testified that he thought Steve "could make a life for himself in prison, he's a no needs guy, he doesn't ask for much and he adapts to his circumstances well." During this, the paralegal at the defense team was wiping her eyes.

 

Lieutenant Colonel Karen Marrs made her second appearance next. She was called to testify over things that the defense was not allowed to cover in the guilty phase of the trial. She testified that she told Colonel Kunk that 1st Platoon's mental health status was "red," or "combat incapable." She also admitted that Kunk was aware of the hostility and vengeance that was prominent in the 1st Platoon. Kunk recommended the platoon get some rest, according to Marrs. On cross, Lesousky asked Marrs if it was 1st Platoon or Bravo Company that was "combat incapable," to which she replied that Bravo Company was status red, but "1st Platoon had it the worst."

 

Dr. Pablo Stewart was called to the stand last. He is a professor at UCSF with a specialty in PTSD, psychiatry, and alcohol/substance abuse. He mainly testified that while Col. Marrs had followed her psychiatric guidelines "to the nail," she did not give a correct diagnosis of then Pfc. Green. He also testified that the Army's psychiatric standards at that time did not meet the "standard of care" for soldiers like those in 1st Platoon.

 

Expect more family to testify in the upcoming days.

 

Notes:

 

- John Scruton, who was Green's Army comrade that testified yesterday, was present in the courtroom today. An exchange of mouthed-words was seen, with a few head nods and grins and laughs to boot.

 

External link: http://trialcoverage.blogspot.com/2009/05/combat-incapable.html

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