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May 21st, 2009 - Ex-Soldier Spared Death Penalty for Iraq Murders

1st news article from the Associated Press

2nd news article from the Associated Press

News article from Reuters

News article from Louisville Courier-Journal

Summary of the Mahmudiya Massacre

Ex-Soldier Spared Death Penalty for Iraq Murders

 

From the Associated Press

May 21, 2009

 

Paducah, Ky. - An ex-soldier convicted of rape and murder in Iraq has been spared the death penalty and will get a life sentence after jurors couldn't agree unanimously on a punishment.

 

Former Pfc. Steven Dale Green raped a 14-year-old Iraqi girl in March 2006 and murdered her and her family in their home south of Baghdad.

 

Jurors had deliberated the penalty for the former 101st Airborne Division member since Wednesday afternoon and decided Thursday on a life sentence. A judge will formally sentence him Sept. 4.

 

The 24-year-old from Midland, Texas, was convicted May 7. He and three other soldiers went to the family's home, where Green and two others raped the teen. Green killed her parents and sister, then her.

 

© 2009 The Associated Press

 

External link: http://www.chron.com/disp/story.mpl/ap/top/national/6435868.html


Ex-soldier spared death sentence for Iraq murders

 

By Brett Barrouquere

Associated Press

May 21, 2009

 

Paducah, Ky. - An ex-soldier convicted of raping and killing an Iraqi teen and murdering her family was spared the death penalty Thursday and will serve a life sentence after jurors couldn't agree unanimously on a punishment.

 

Former Pfc. Steven Dale Green of Midland, Texas, will be formally sentenced Sept. 4 by U.S. District Judge Thomas B. Russell. Jurors who convicted Green on May 7 told Russell they couldn't agree on the appropriate sentence after deliberating more than 10 hours over two days.

 

In a March 2006 attack in Mahmoudiya, about 20 miles south of Baghdad, Green and three other soldiers went to the home of 14-year-old Abeer Qassim al-Janabi. Green shot and killed the teen's mother, father and sister, then became the third soldier to rape the girl before killing her.

 

Green's attorneys never denied Green's involvement in the attack. Instead, they focused on trying to build a case that Green didn't deserve the death penalty.

 

Defense attorneys presented former Marines and other soldiers Green served with who testified that Green faced an unusually stressful combat tour in Iraq in a unit that suffered heavy casualties and didn't receive sufficient Army leadership while serving in Iraq's "Triangle of Death."

 

Enemy attacks killed two command sergeants, a lieutenant and a specialist in Green's unit during 12 days in December 2005. Jurors also were told that Green's unit was left alone to run a traffic checkpoint for several weeks without a break.

 

Green's father, John, and brother, Doug, sighed as the verdict was read.

 

"It's the better of two bad choices," said John Green, also of Midland, Texas.

 

Doug Green, 28, said the jury reached the appropriate decision.

 

"I do think it gives him a chance to have some semblance of a life," Doug Green said. "We're grateful for that."

 

The other soldiers directly involved in the attack are serving long sentences in military prison and testified against Green, who was tried in federal court as a civilian because he had been discharged from the Army before his arrest.

 

Associated Press Writer Kristin M. Hall contributed to this report.

 

Copyright © 2009 The Associated Press.

 

External link: http://www.google.com/hostednews/ap/article/ALeqM5iYeOUInDxFuT4T8CsYG9-_KfQ9pgD98AT5CO0


Ex-soldier spared death penalty over Iraq rape, murders

 

From Reuters

May 21, 2009

 

A jury has sentenced a former US soldier to life in prison without parole for raping a 14-year-old Iraqi girl and killing her and her family near Baghdad in 2006.

 

Prosecutors had sought the death penalty for Steven Green, 24, found guilty of the crimes by the same jury on May 7.

 

Judge Thomas Russell of the US District Court in Paducah, Kentucky, who presided over the trial, is required by law to impose the jury's sentence.

 

After two days of deliberations, the jury could not agree on whether he should be executed, so the alternative punishment - life without possibility of parole - prevailed.

 

Green's lawyers depicted him as a victim of combat stress and a neglected childhood trapped in a combat zone where he saw comrades die and could no longer tell friend from foe.

 

Prosecutors said he was the ringleader of a gang of five soldiers who plotted to invade the home of the family of four to rape the girl, and who later bragged about the crime.

 

Three of the four other soldiers pleaded guilty in the attack and the fourth was convicted, all in military courts-martial.

 

They received sentences ranging from five to 100 years, although they could be paroled much sooner.

 

External link: http://www.abc.net.au/news/stories/2009/05/22/2577799.htm


Jury spares ex-soldier’s life in Iraqi murders

Paducah jury's decision means he will face life in prison

 

By Andrew Wolfson

Louisville Courier-Journal

May 21, 2009

 

Paducah, Ky. - Former Army Pvt. Steven Dale Green was spared the death penalty today but will spend the rest of his life in prison for the March 2006 murder of an Iraqi family.

 

After nearly 11 hours of deliberations over two days, a jury of nine women and three men was unable to reach a unanimous verdict on whether Green, 24, should be sentenced to death - meaning that, by law, he will receive the lesser sentence of life in prison without the possibility of parole when sentenced Sept. 4.

 

The jury's vote was not announced, and jurors left the courtroom under police escort without talking to reporters.

 

Green broke into a slight smile when the verdict was announced. His father, John Green, who was in the courtroom, said the verdict was "the best of two bad choices, but the better one by far."

 

Green's brother, Greg, 26, said he had mixed emotions about the result, given that his brother will spend the rest of his life behind bars. But he added, "This gives him a chance to have some semblance of a life, and we are very grateful for that."

 

Green's lawyers said in a statement that they were pleased with the verdict but wouldn't be celebrating.

 

"Mr. Green will spend the rest of his life in jail, and the events of March 12, 2006, have forever changed the lives of many," said federal public defenders Scott Wendelsdorf and Patrick Bouldin and private attorney Darren Wolff.

 

"It is a tragic case on so many levels," the statement continued. "At the end of the day, we truly hope the U.S. military will take a hard look at the resources they provide our service members dealing with combat stress issues. If they do not, we are certain a tragedy like this will occur again in the future."

 

The trial was the first in which civilian jurors were asked whether to execute a former soldier for a wartime crime.

 

In a separate statement, Wolff blasted the Justice Department for insisting on trying the case after Green had twice offered to plead guilty in exchange for a life sentence.

 

"That is when it became obvious that this case was not about fairness or equity, it was about appeasing the overseas communities who have been calling for Mr. Green's execution," Wolff said. "We are pleased the jury did not bow to those politically motivated pressures."

 

In response, Assistant U.S. Attorney Marisa Ford said that "some crimes are so horrific the punishment should not be decided by prosecutors through plea agreements. The interests of justice were best served in this case by letting the people decide what the punishment should be for these crimes."

 

In an interview, Ford said the trial represented "the most important principles of our Constitution and our democracy in action."

 

Green, originally from Midland, Texas, was convicted of capital murder in the deaths of Abeer Al-Janabi, 14, her 6-year-old sister, Hadeel, and their parents, Kassem and Fakhriya.

 

His lawyers had argued that it was unjust for a former soldier to be judged by civilian jurors who had never experienced the horrors of war. He was tried in federal court because he was discharged from the Army, for a personality disorder, before his role in the crimes was discovered.

 

Defense Secretary Robert Gates rejected a defense request to allow Green to re-enlist solely to permit him to be court-martialed.

 

In emotional closing arguments Wednesday, Justice Department attorney Brian Skaret asked the jury to take Green's life for the murders, which occurred in the family's home 20 miles south of Baghdad.

 

The prosecution claimed that Green committed a heinous, cold-blooded, premeditated crime and that the stresses of war - including the deaths of many of his fellow soldiers - were irrelevant.

 

But the defense contended that the Army made the crimes more likely to happen by failing to evacuate Green after he was diagnosed with homicidal thoughts toward all Iraqis - and by failing to provide adequate leadership for his platoon, which suffered the most casualties in the war.

 

Wendelsdorf pleaded with the jury to spare Green's life and said America does not kill "its broken soldiers."

 

In an unusual rebuttal argument, Assistant U.S. Attorney James Lesousky seemed to back away from Skaret's demand for the death penalty, saying that either verdict would provide justice in the case and that the jury should do what it thought was right.

 

The jury had to wade through 250 pages of instructions that included 10 aggravating factors supporting the death penalty and 39 mitigating factors.

 

It took Chief U.S. District Judge Thomas Russell 90 minutes to read the instructions to jurors.

 

The aggravating factors included the prosecution's claims that the crimes were premeditated; that they were committed in an especially cruel and depraved manner; that two of the victims were youths; and that several people were killed at once.

 

The mitigating factors included Green's age and lack of significant criminal history, as well the defense's assertion that he quickly confessed and faces a harsher punishment than his Army co-conspirators, who were equally culpable.

 

Three of his co-conspirators - Specs. Paul Cortez and James Parker and Pvt. Jesse Spielman - already had been court-martialed and sentenced to long prison terms, although they are eligible for parole in 10 years after starting their sentences.

 

They testified against Green in exchange for letters from the government that will be sent to the parole board noting their cooperation.

 

In the penalty phase of the trial, Green's lawyers presented a series of friends, family members and experts who testified that he grew up in an abusive, chaotic family and was practically homeless after his mother kicked him out when he was 14.

 

Green did not testify. But according to his co-defendants, the crimes were hatched as the soldiers drank contraband Iraqi whiskey and played cards at their traffic checkpoint.

 

Green suggested killing some Iraqis, and Barker proposed raping an Iraqi girl whom he had seen on a patrol when he inspected the family's home. Cortez, the highest-ranking soldier at the post, agreed to go along if he could rape the girl first.

 

The soldiers disguised their appearance, walked about 300 yards to the Al-Janabis' house, where Green and Spielman herded Hadeel, Kassem and Fakhriya into a bedroom. Green shot them one by one as Barker and Cortez took turns raping the girl. Then Green had his turn before he shot her three times in the head.

 

The soldiers burned her body, threw one of the murder weapons into a canal and burned their clothes, all to hide evidence.

 

The other soldiers were arrested and charged while they were still in Iraq; Green was arrested in North Carolina and later indicted in Kentucky.

 

The trial took place in Paducah because Green was deployed from Fort Campbell, in Western Kentucky and Tennessee, with the 101st Airborne Division.

 

External link: http://tinyurl.com/oumnz3

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