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February 23rd, 2009 - Military Prosecutor Says Iraqi Detainee Killed Out of Revenge

News article from the Associated Press

Summary of the Killing of Ali Monsour Mohammed

Military Prosecutor Says Iraqi Detainee Killed Out of Revenge

 

By Kristin M. Hall

Associated Press

February 23, 2009

 

After a roadside bomb killed two soldiers in his platoon, 1st Lt. Michael Behenna was not the same platoon leader.

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Intent on finding out who was behind the explosion last April, Behenna soon became convinced that a local Iraqi named Ali Mansour Mohammed was supplying insurgents with explosives that were used in the attack, his attorney said.

 

During opening statements Monday in Behenna's trial in Mohammed's death, a military prosecutor said that instead of releasing the detainee as ordered after he was interrogated, Behenna took him out to a secluded railroad culvert and shot him in the head and chest.

 

Capt. Erwin Roberts told a military panel during opening statements Monday that Behenna justified his killing to other soldiers by saying Mohammed was a bad man and that he had no remorse because he lost two soldiers.

 

A defense attorney for Behenna said he was a good leader and had a good relationship with local Iraqi leaders in the area near their base near Beiji, about 155 miles north of Baghdad.

 

Defense attorney Jack Zimmerman said that weeks before Mohammed's killing, Behenna was deeply affected by the April attack on his platoon that, according to the military, also wounded two other soldiers and killed three Iraqis, including a translator.

 

"After the loss of those lives on the 21st of April, he was a changed man," said defense attorney Jack Zimmerman.

 

Behenna, of Edmond, Okla., is one of two 101st Airborne Division soldiers to have faced charges related to the May 2008 killing of the detainee. Staff Sgt. Hal Warner pleaded guilty last week to assault, maltreatment of a subordinate and making a false statement in the case. Warner agreed to testify against Behenna and was sentenced 17 months in prison.

 

Behenna was charged with premeditated murder, assault and making a false official statement. If convicted, he could face life in prison without parole.

 

Zimmerman said Behenna learned about Mohammed from a local Iraqi elder that he visited often and took the platoon to take Mohammed from a house on May 5.

 

Behenna had a special interest in the detainee and even sat in on his interrogations, but Zimmerman said that the military ultimately decided to release him.

 

"Behenna decided he wanted one more opportunity to learn who the big fish in this area were and he knew that Ali had given names before," Zimmerman said.

 

On May 16, the platoon dropped off another detainee and were supposed to release Mohammed as well, but soldiers in the platoon said Behenna ordered them to take a detour away from the city and into the desert.

 

The soldiers stopped near some railroad tracks and Behenna took Mohammed, who was blindfolded and had his hands tied.

 

Once out of the sight of the rest of the convoy, Zimmerman said Behenna started ordering an Iraqi translator known only in court as "Harry" to tell Mohammed to give him names of insurgents.

 

Zimmerman said Harry told Mohammed that he would be killed if he didn't and Behenna stripped him naked to humiliate him into talking.

 

Eventually Zimmerman said Behenna decided to escalate the interrogation by pointing his gun at Mohammed, but the defense attorney stopped short of describing what happened when the detainee was shot. Mohammed was hit once in the head and once in the chest.

 

Roberts said that Warner was just returning to the culvert when he heard the first shot and saw Mohammed slumping over and then saw the second shot in his chest.

 

"The accused (Behenna) murdered a naked and defenseless detainee," Roberts told the panel, made up of seven officers.

 

But Zimmerman said that if Mohammed's death had been premeditated, Behenna wouldn't have brought Harry along.

 

"You do not take a translator to an execution," he said.

 

Zimmerman also said that the prosecution's key witness, Warner, was also facing a charge of premeditated murder until he pleaded guilty to assault in exchange for his testimony.

 

After the shooting, prosecutors said Behenna ordered Warner to burn the body with an incendiary grenade and dispose of his clothes. The body was found the next day by Iraqi police.

 

External link: http://www.theleafchronicle.com/article/20090223/NEWS01/90223003

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