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January 7th, 2009 - Former Blackwater Guard from Rochester Pleads Not Guilty in Killings

News article from Foster’s Daily Democrat

Summary of the Blackwater Killings

Former Blackwater Guard from Rochester Pleads Not Guilty in Killings

 

By Jason Claffey

Foster’s Daily Democrat

January 7, 2009

 

Rochester - City native and former Blackwater Worldwide security guard Evan Liberty pleaded not guilty to all 35 federal charges levied against him and four colleagues for their role in a deadly Baghdad shooting last year, amid a new report that contradicts U.S. prosecutors' claims the guards' actions were unprovoked.

 

After each entered not guilty pleas on all counts during an arraignment at a federal courthouse in Washington, D.C., Judge Ricardo Urbina set a trial date for Jan. 29, 2010, according to William Coffield, Liberty's lawyer.

 

Urbina also gave defense lawyers one week to file two separate motions to dismiss the case for lack of probable cause and change the venue of the trial.

 

U.S. prosecutors charged the guards under the Military Extraterritorial Jurisdiction Act, which Coffield said is not applicable in this case. The defense lawyers maintain the men acted in self-defense and never meant to harm civilians in the Sept. 16, 2007, incident in Nisoor Square that left 17 Iraqis dead.

 

On those grounds, Coffield said the lawyers will seek to have the case dismissed.

 

"We strongly disagree with the allegations and are anxious to prove them wrong," he said.

 

The lawyers also want to have the case moved to Utah, where the men turned themselves in and were arrested last month and where one, Donald Ball, resides in West Valley City. Having the trial there would increase the chances of drawing a more "sympathetic" jury, one of the lawyers told reporters last month.

 

Coffield said the place of arrest or residence of the defendant typically determines where a trial is held.

 

"None of these people live in Washington, D.C., and none of these people were arrested in Washington, D.C.," Coffield said.

 

Urbina set a Feb. 17 hearing for the defense motions.

 

Liberty and Ball, along with Dustin Heard of Knoxville, Tenn.; Nick Slatten of Sparta, Tenn.; and Paul Slough, of Keller, Texas, were charged with 14 counts of manslaughter, 20 counts of attempted manslaughter and one count of using a firearm to commit violence. All are highly decorated U.S. military veterans.

 

U.S. prosecutors maintained the shootings were unprovoked.

 

"This is a straightforward shooting of a lot of people," Assistant U.S. Attorney Kenneth Kohl said during the arraignment, according to The Associated Press.

 

The AP also reported it reviewed an eight-minute transcript of Blackwater radio logs recorded during the incident and found it "raised questions" about the claim the shootings were unprovoked. The transcript, characterized as "hectic," has the guards repeatedly reporting incoming gunfire from insurgents and Iraqi police, the AP reported.

 

According to arrest affidavits, the shooting began after 19 Blackwater employees, including the five charged guards, set up a roadblock with four armored vehicles in Nisoor Square in response to a car bombing a mile away. The group ignored an order to return to the International "Green" Zone, and one or more members began shooting at a white Kia Sedan that approached them. The driver, a medical student, was killed. The guards then turned their weapons on fleeing cars and civilians, killing 17 and injuring 20, according to the affidavits.

 

The affidavits do not mention specifically the roles any of the five guards played in the shootings.

 

"I can only say, for whatever reason, the government has picked them out and made the accusations that they have," Coffield said.

 

A sixth guard, Jeremy Ridgeway, of California, struck a plea deal with prosecutors and was charged with one count each of manslaughter and attempted manslaughter. He was not at Tuesday's arraignment, Coffield said, and it remains unknown if he will testify against his former colleagues.

 

External link: http://www.fosters.com/apps/pbcs.dll/article?AID=/20090107/GJNEWS_01/701079884/0/FRONTPAGE

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