The War Profiteers - War Crimes, Kidnappings & Torture

 

May 20th, 2009 - Federal Prosecutor Urges Death Penalty for Green

News article from Louisville Courier-Journal

News article from the New York Times

Summary of the Mahmudiya Massacre

Federal Prosecutor Urges Death Penalty for Green

 

By Andrew Wolfson

Louisville Courier-Journal

May 20, 2009

 

Paducah, Ky. - A federal prosecutor today called former Pvt. Steven Green’s crimes in Iraq “unthinkable and outrageous” and asked a jury to “finish what he started” by putting him to death.

 

“This is a chance for you to say that our soldiers do not do this, that we are a good and decent people,” Justice Department attorney Brian Skaret told the jury of nine women and three men who will decide Green’s fate.

 

One of Green’s lawyers will give a closing argument in the penalty phase of his capital murder trial later today.

 

The jury convicted the 24-year-old Green on May 7 of rape, murder and other charges in the death of 14-year-old Abeer Qassim al-Janabi and the shooting death of her family in Mahmoudiya, Iraq, about 20 miles south of Baghdad in March 2006.

 

Green is the first former U.S. serviceman to face the death penalty in a civilian trial for a war-time crime. He is being tried in federal court because he was discharged from the Army before his role in the crimes was discovered.

 

His trial is in Paducah because he was deployed from Fort Campbell with the 101st Airborne Division.

 

Three of his co-defendants already had been court-martialed and sentenced to long prison terms, although all are eligible for parole in 10 years after starting their sentences.

 

Green sat silently in court as Skaret asked the jury to return the death penalty and described his defense case as a “blame game” designed to throw a “smoke screen” over the atrocity.

 

Green’s lawyers have presented witnesses who say that he came from a broken home, that he suffered a brain injury while fighting in Iraq, and that the crimes were triggered in part by poor leadership and neglect of Army offices.

 

External link: http://tinyurl.com/prq4as


Civilian Jury Considers Death Penalty for Ex-G.I.

 

By James Dao

New York Times

May 20, 2009

 

In 2006, a group of soldiers raped a 14-year-old girl in the Iraq town of Mahmudiya, murdered her and members of her family and then set her body ablaze to cover their tracks. It was one of the most brutal atrocity cases involving American troops in the six-year war, and one that continues to outrage Iraqis.

 

This week, the prosecution of the soldiers reaches its climax as a federal jury in Paducah, Ky., considers perhaps the weightiest question in the case: Should a 24-year-old former Army private, considered a ringleader of the group, be put to death for the murders?

 

Several major issues are at stake in their verdict. Iraqis have been demanding the death penalty for the former soldier, Steven D. Green, a private first class with the 101st Airborne Division at the time of the killings. Only death will prove the fairness of the American judicial system and bring a measure of solace to the victims’ relatives, many Iraqis say. The only other possible sentence, life without parole, could set off protests.

 

Although at least four other men have pleaded guilty or been convicted in the attack, none are facing the death penalty, and most will be eligible for parole in 10 years or less.

 

Mr. Green’s lawyers have also raised questions about the Army’s culpability in the crime. Without really contesting Mr. Green’s role in the killings, the defense has argued that officers knew that Mr. Green’s platoon was anguished over the deaths of several fellow soldiers and that some men in the unit, Mr. Green in particular, had admitted a desire to kill Iraqi civilians. Yet the Army did not remove the unit from front-line duty, as one stress counselor advised, or refer any soldiers for more intensive mental health care.

 

“The United States of America failed Steven Green,” Scott Wendelsdorf, one of Mr. Green’s lawyers, said in closing arguments in the penalty phase of the trial on Wednesday.

 

Prosecutors say the issue was simpler than that. Whether or not he was suffering from combat stress, whether or not there were breakdowns in unit discipline or a lack of mental health care for the soldiers, Mr. Green understood that hurting civilians would not just be morally wrong, but harmful to his platoon, they have argued.

 

“They’ve tried to make Mr. Green a victim in this case, but he is not a victim,” Brian Skaret, an assistant United States attorney, told the jury on Wednesday. “This is about heinous acts committed on vulnerable victims.”

 

The case is just the second time - and the first involving possible capital punishment - that a former member of the military has been tried under a 2000 law allowing prosecution of civilians for crimes committed overseas while they were in the military, legal experts said. Mr. Green left the Army, with an honorable discharge for mental health reasons, just weeks before he was charged, in 2006.

 

The crime occurred near the height of the insurgency, when American forces were suffering heavy casualties from roadside bombings and gun battles with shadowy attackers. Mr. Green’s unit, Company B, First Battalion, 502nd Infantry Regiment, Second Brigade Combat Team of the 101st, had arrived in Iraq in the fall of 2005 and was quickly dispatched to a town south of Baghdad in what was known as the Triangle of Death, burning with Sunni unrest.

 

Within weeks, several soldiers in the battalion were killed, including a revered sergeant whom Private Green later called “one of the best people I’ve ever known,” according to a video obtained by The Courier Journalof Louisville. Morale plummeted, soldiers have testified, and, in December, Private Green told an Army stress counselor that he wanted to kill Iraqis, including civilians.

 

The counselor, Lt. Col. Karen Marrs, testified that for several reasons - multiple soldier deaths in a short period, rapid turnover of unit leaders, manpower shortage and increased numbers of days in combat - she had labeled Private Green’s unit “mission incapable” and in need of “rest away from combat.”

 

Colonel Marrs also testified that feelings of hostility and vengeance toward all Iraqis were prevalent in the unit, but that she did not think that Private Green was planning to act on his anger.

 

In March 2006, after a night of drinking bootleg Iraqi whiskey, Private Green and other soldiers staffing a checkpoint discussed raping an Iraqi girl, according to testimony. Wearing civilian clothing and ski masks, the soldiers broke into a nearby house and raped Abeer Qassim Hamza al-Janabi. Private Green killed the girl’s parents and a younger sister before shooting the girl in the head with the family’s AK-47, other soldiers testified.

 

Although Mr. Green pleaded not guilty, his defense was less about proving his innocence than avoiding the death penalty. Mr. Green, who was raised in Midland, Tex., came from a broken and chaotic home, defense witnesses testified, did poorly in school and got into the Army in 2005 only with a so-called morals waiver, having had problems with alcohol and drug abuse. Then, his lawyers asserted, the Army left him with weak supervision and missed clear evidence of his emotional problems.

 

But that argument has been vigorously challenged not only by the prosecution, but also by veterans, who say that despite the immense stress on tens of thousands of front-line troops in Iraq, such atrocity cases have been relatively rare.

 

Ashley Edwards contributed reporting from Paducah, Ky.

 

External link: http://www.nytimes.com/2009/05/21/us/21soldier.html

Back to news & media - year 2009

Back to main archive

Back to main index