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The War Profiteers - War Crimes,
Kidnappings & Torture |
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January 13th,
2009 - Judge: Ex-Soldier’s Statements Admissable at Trial |
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Judge: Ex-Soldier’s
Statements Admissable at Trial By Brett Barrouquere Associated Press January 13, 2009 Louisville, Ky. - A federal
judge will allow jurors to hear statements made by a former soldier after his
arrest on charges that he raped and killed an Iraqi teenager and killed her
family during a tour of duty in Iraq. U.S. District Judge Thomas
B. Russell said Steven Dale Green, 22, of Midland, Texas, willingly made such
statements to FBI agents as "Guess I'm looking at spending the rest of
my life in jail," and "You probably think I'm a monster," after
his arrest June 30, 2006. Russell said the agents
didn't question the former soldier with the 101st Airborne Division, or force
him to talk, making the comments admissible in court. "There is no evidence
that the FBI agents' actions were objectively coercive," Russell wrote
to lawyers in a decision released Tuesday. Federal agents arrested
Green at his grandmother's home in North Carolina on June 30, 2006. His
attorney challenged statements Green made to the FBI after his arrest and
while he was being transported three days later to a federal court appearance
in Charlotte, N.C. Trial is scheduled to begin
April 27 in Paducah. Green faces a possible death
sentence if convicted on 16 charges, including conspiracy, premeditated
murder and aggravated sexual assault. He has pleaded not guilty and his
attorneys plan to argue Green was insane at the time of the alleged assault. Green was deployed to Iraq
with the 101st Airborne Division. Because he was discharged from the military
before being charged, Green is being prosecuted in federal court. The 101st
Airborne Division is based at Fort Campbell, an Army post on the
Kentucky-Tennessee border. Four other soldiers pleaded
guilty or have been convicted for their roles in targeting the girl from a
checkpoint near Mahmoudiya, a village 20 miles south of Baghdad, and helping
rape and kill her. Two of the soldiers
testified they took turns raping the girl while Green shot and killed her
mother, father and younger sister. They also testified that Green raped the
girl and shot her. Ahead of trial, Green's
attorneys have asked Russell to order the U.S. government to provide them
with a military escort in Iraq so they can visit the scene. Mahmoudiyah is in an area of
Iraq dubbed the "Triangle of Death," where some of the worst fighting
of the war has taken place. Green's attorneys - Scott
Wendelsdorf, Patrick Bouldin and Darren Wolff - said they want to interview
witnesses, neighbors and collect insights about its people and culture. "This area is still
extremely dangerous," the attorneys wrote. "The defense merely asks
for similar access to this area as has been made available to the government,
including the security measures afforded to the government's agents." Federal prosecutors may not
have personally visited the scene, but have worked with military prosecutors
in investigating the case and will likely use evidence from the courts
martial proceedings of other soldiers in Green's platoon, the defense lawyers
wrote. Separately, prosecutors
filed a motion asking that Green undergo a mental examination by two doctors
of the government's choosing. The motions relate to Green's insanity defense. Assistant U.S. Attorney
Marisa Ford wrote that the prosecutors won't use anything gleaned from the
exams unless Green's attorneys introduce mental health evidence first. Russell asked the attorneys
to have responses to both motions filed by the middle of next week. Russell
also asked the attorneys to file proposed jury instructions under seal
directly with his office. © 2009 The Associated Press External link: http://www.chron.com/disp/story.mpl/ap/tx/6208807.html |