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May 23rd, 2009 - Iraqis Respond with Dismay to Ex-GI’s Sentence

News article from the Los Angeles Times

News article from the Louisville Courier-Journal

Summary of the Mahmudiya Massacre

Iraqis Respond with Dismay to Ex-GI’s Sentence

Steven Green was sentenced to life without parole by a U.S. federal jury for his role in the rape of an Iraqi teenager and the killing of her and family members in 2006. Iraqis say it’s too lenient.

 

By Raheem Salman

Los Angeles Times

May 23, 2009

 

Reporting from Mahmoudiya, Iraq - Iraqis responded with dismay and outrage Friday to the decision by a federal jury in Kentucky to spare the life of a U.S. soldier convicted of raping and killing an Iraqi girl near this dusty town south of Baghdad three years ago.

 

Steven Dale Green, 24, of Midland, Texas, was sentenced to life without parole Thursday for the rape and murder of 14-year-old Abeer Kassem Hamza Janabi, and also for killing her parents and 6-year-old sister at their home on March 12, 2006.

 

"This sentence is unjust, and we in our tribe feel displeasure, dissatisfaction and disappointment indeed," said Mahdi Obaid Janabi, 56, an elder from the Janabi tribe, to which the family belonged.

 

He said tribal leaders plan to meet to demand that Iraqi Prime Minister Nouri Maliki put pressure on the U.S. government to somehow impose the death penalty on Green, who was tried by a civilian court in Paducah because he had been discharged from the army by the time charges were brought.

 

"The government must move. ... They must claim back the honor of the family," he said.

 

As much as any of the abuses known to have been committed by U.S. troops in Iraq, this crime has resonated in the Iraqi national consciousness for its brutality and callousness. Green and four other soldiers had been drinking whiskey and playing cards while they formulated their plan to attack the girl. Federal prosecutors said the assailants went to the house, held the girl down, took turns raping her, shot the family then set fire to the house in an attempt to cover up the incident. The four other soldiers have been given prison sentences of between five and 110 years.

 

As the ringleader of the group, Green "deserved worse than the death penalty," said Iyad Shaibani, 49, an engineer from Mahmoudiya. "If an Iraqi had committed a similar crime in the United States, the punishment would have been harsher and no excuses would have been accepted."

 

The sentence will have an impact on Iraqis' perceptions of American troops ahead of a referendum due to be held this summer on whether to accept the security pact signed between the U.S. and Iraq in December, Shaibani said.

 

"I think Iraqis are no longer willing to see Americans on their land as they think that such incidents will be repeated," he said. "Iraqis in general are very angry about this. You can see the resentment everywhere."

 

The jury that deliberated Green's fate was unable to agree unanimously on whether the death sentence or life imprisonment should be applied, so the lesser sentence prevailed.

 

Green's attorneys had not sought to dispute their client's guilt, but they had argued that Green should not receive the death penalty because of the stresses of combat in Iraq. They also cited a decision by Army officials to keep Green on active duty despite his admission that he had been having homicidal thoughts.

 

Mahmoudiya is located in the area once known as "the triangle of death" because of the ferocity of the fighting here. In the three months before the incident, four members of Green's unit had been killed in combat, defense attorneys told the court.

 

But the Janabi family's lawyer in Mahmoudiya, Hasan Habbar Mayahi, said there could be no justification for what the soldiers had done.

 

"This will fuel rancor and hatred against the American troops," he said. "The people of Mahmoudiya feel there is no justice. This is a badge of shame in the history of the American military, which will be added to all the crimes they have committed here."

 

Staff writer Liz Sly in Baghdad contributed to this report.

 

External link: http://www.latimes.com/news/nationworld/world/la-fg-iraq23-2009may23,0,4617513.story


Verdict forms show splits on jury in Iraq murder, rape trial

Combat stress, jurisdiction noted

 

By Andrew Wolfson

Louisville Courier-Journal

May 23, 2009

 

Paducah, Ky. - Half the jurors who tried to decide the fate of former Pvt. Steven Dale Green felt he should have been tried in a military court rather than by civilian jurors, according to verdict forms made public yesterday.

 

Five of the 12 jurors also felt that Green suffered from combat stress that the Army should have treated properly but didn't.

 

And the same number said that he murdered 14-year-old Abeer al-Janabi and her family in their home 20 miles south of Baghdad in March 2006 while under "severe mental or emotional stress."

 

Green's lawyers had argued that it was unjust for a former soldier to be judged by civilian jurors who had never experienced 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.

 

Jurors declined to talk to reporters after they failed to reach a unanimous verdict yesterday, a result that means that Green will be sentenced to the lesser penalty of life without the possibility of release. Chief U.S. District Judge Thomas P. Russell, who supervised the trial in Paducah, declined to release their names.

 

But the verdict forms they signed show that they were deeply divided and probably nowhere near reaching a unanimous verdict for either the death penalty or the life sentence, Patrick Bouldin, one of Green's lawyers, said.

 

Prosecutor Marisa Ford, an assistant U.S. attorney, agreed, saying the verdict forms showed that the jury "was divided - perhaps down the middle.

 

"Some clearly thought death was the appropriate penalty for a crime this horrific. Others recognized the presence of mitigators, and I don't think would have voted for death no matter how long they continued to deliberate."

 

She added that the jury's votes show "how difficult this case really is.

 

"The facts are horrible, but penalty is a much tougher call," she said. "It is probably the best evidence that the decision on penalty needed to be made by a jury."

 

The verdict forms do not disclose the jury's final vote on whether Green should have been put to death. But they do show that jurors unanimously found that the prosecution had proved each of 10 aggravating factors that suggested the death penalty was the appropriate punishment.

 

Those included that Abeer and the other victims were murdered to eliminate possible witnesses; that the crimes were premeditated and that they were committed in an "especially heinous, cruel or depraved manner."

 

But the forms show that about half the jurors were swayed by several arguments presented by the defense.

 

Half of the jurors found that Green should have been tried in the military system, where he might not have faced the death penalty and would have been eligible for parole.

 

Half also said that the fact that Green committed the crimes while under the control of military superiors - two Army specialists who outranked him - mitigated against giving him the death penalty.

 

Jurors were less persuaded by the defense that Green suffered from a chaotic upbringing in a broken home. Only three considered that a mitigating factor against the death penalty.

 

Most jurors also rejected the defense claims that the Army's failure to "recognize the unusually harsh and stressful conditions" faced by Green's platoon contributed to the murders."

 

Bouldin said the results supported the defense team's speculation that two or three jurors strongly opposed the death penalty and two were emphatically for it.

 

After deliberating nearly 11 hours over two days, the jury announced on Thursday that "despite all reasonable efforts to reach a unanimous verdict," it was unable to do so. Under federal law, that means Russell is required to impose life when Green is sentenced on Feb. 4.

 

Green, now 24, from Midland, Texas, was convicted by the same jury on May 9 of capital murder in the deaths of Abeer, her 6-year-old sister, Hadeel, and their parents, Kassem and Fakhriya.

 

Green and three other soldiers - Spcs. Paul Cortez and James Barker and Pvt. Jesse Spielman - abandoned their traffic checkpoint and walked about 300 yards to the Iraqi family's house. Cortez and Barker took turns raping her while Green shot the rest of the family dead, court records say. Then he raped Abeer before shooting her three times in the head.

 

Cortez, Barker and Spielman were convicted at courts-martial and sentenced to long prison terms but will be eligible for parole in 10 years. They testified against Green in exchange for the prosecution's promise to write letters to the parole board noting their cooperation.

 

External link: http://tinyurl.com/pdke4c

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