Documentation about the Massacre of Mahmudiya - The Rape and Murder of Abeer Qasim Hamsa and her family on March 12th, 2006 in Mahmudiya, Iraq. http://www.expose-the-war-profiteers.org/DOD/iraq_II/mahmudiya.htm en Tue, 6 Jan 2009 23:42:30 +0100 contact@expose-the-war-profiteers.org Tue, 6 Jan 2009 23:42:28 +0100 4 5 6 7 administrator@expose-the-war-profiteers.org FeedForAll v2.0 (2.0.1.5) http://www.feedforall.com
U.S. vs. Steven D. Green
U.S. District Court for the Western District of Kentucky
Case No.: 5:06-CR-00019-R (prior to November 3rd, 2006: 3:06 MJ 230)

December 19th, 2008 - Opinion & Order

"[...] Defendant moves the Court to enter an order ‘to compel any and all governmental law enforcement officials who aided in the investigation’ of this case to preserve all their ‘rough notes, memoranda, resumes, synopses, etc., which were taken as part of their investigation.’ [...]

"The Government does not argue that preserving the rough notes produced by its agents would be administratively burdensome or prejudicial in any way. Given the circumstances of this case, and out of an abundance of caution, the Court finds no reason why it should not grant Defendant’s motion. In doing so, the Court expresses no opinion as to whether or not the Brady doctrine or Jencks Act compel the government to preserve the rough notes of its agents.

"For the foregoing reasons, it is hereby ordered that the Government direct all law enforcement and investigative officials involved in this case to preserve their investigative materials, including their rough notes, currently in existence and in the future. [...]"

December 17th, 2008 - US’ Post-Hearing Reply on Defendant’s Motion to Suppress Statements

"[...] When the defendant invoked his right to counsel shortly after apprehension, the arresting FBI agents did not attempt to question him. During transport, and after sitting in silence for approximately 15 minutes, Green initiated conversation regarding the nature of his case and his time in Iraq. Any question that was asked of Green during that time, or ever after, was not asked for the purpose of eliciting an incriminating response nor can it be shown that an incriminating response was provided based on such a question. The evidence demonstrates that Green clearly wanted to converse with Agent Kelley during his transport to Asheville and Charlotte. In initiating conversation again and again, Green proved his intent to voluntarily reopen the lines of communication. Agent Kelley’s participation in Green’s conversation was not interrogation under Miranda and did not violate Green’s constitutional rights.

"Furthermore, the two hour drive from Asheville to Charlotte, where Green’s initial appearance was held, does not constitute ‘unnecessary delay’ for purposes of Rule 5(a). There is no evidence that the United States sought delay for purposes of postponing attachment of the Sixth Amendment. If anything, the evidence supports a conclusion that due to scheduling concerns between lawyers, clerks, and judges in a small court division on a July 4th weekend, an initial appearance in Charlotte was more appropriate, practical, and certainly reasonable. Regardless, Green was presented to a magistrate the next business day after his arrest. Wherefore, the United States respectfully requests that defendant’s motion to suppress be denied. [...]"]]> http://www.expose-the-war-profiteers.org/DOD/iraq_II/mahmudiya.htm#StevenGreenCaseFile http://www.expose-the-war-profiteers.org/DOD/iraq_II/mahmudiya.htm#StevenGreenCaseFile Wed, 24 Dec 2008 00:05:45 +0100 December 11, 2008

Louisville, Ky. - A former Army soldier charged with raping and killing an Iraqi teenager, then slaying her family, will rely on an insanity defense at trial, a defense attorney said Thursday.

Federal Public Defender Scott Wendelsdorf said during a conference call with prosecutors and a judge that former 101st Airborne soldier Steven Dale Green will rely on medical experts’ evaluation of his medical condition in fighting the charges against him.

"My whole defense is going to be not guilty by reason of insanity," Wendelsdorf said.

Green, of Midland, Texas, faces a possible death sentence if convicted on 16 charges that include premeditated murder and aggravated sexual assault in 2006. He pleaded not guilty in November 2006. Green is scheduled to face trial on April 27, 2009, in Paducah, Ky.

Green’s attorneys previously filed a notice of a possible insanity defense, which allowed defense attorneys to have their client examined. Wendelsdorf’s comments on Thursday marked the first time in the long-running case that attorneys made clear how they intend to defend Green.

An insanity defense means a jury can find the person not guilty by reason of insanity if a severe mental disease or defect rendered that person unable to appreciate the nature or the wrongfulness of his acts.

Green has been examined nearly three dozen times since March 2006, when the alleged crime occurred. Much of the conference call involved the mechanics of defense attorneys forwarding medical reports and tests to prosecutors for review.

Assistant U.S. Attorney Marisa Ford told U.S. District Judge Thomas Russell that some reports and materials were slow in arriving, making it difficult to consult with experts who could rebut the insanity defense.

"I need them now, basically," Ford said.

Wendelsdorf said prosecutors have all the documents the defense does and should have anything still outstanding before the Christmas holidays.

Green was deployed in Iraq with the 101st Airborne Division when authorities say the assault took place in 2006. The unit is based at Fort Campbell, an Army post on the Kentucky-Tennessee border about 185 miles southwest of Louisville.

Green is being prosecuted in federal court because he was discharged from the military before being charged.

Two of the soldiers testified they took turns raping the girl while Green shot and killed her mother, father and younger sister.

Four other soldiers pleaded guilty or were convicted for their roles in targeting the girl after seeing her at a checkpoint near Mahmoudiya. Prosecutors say Green raped, killed and set afire the body of 14-year-old Abeer Qassim al-Janabi and shot and killed her father, mother and sister in a house in Mahmoudiya, about 20 miles from Baghdad, in March 2006.

Two of the soldiers testified in courts martial proceedings that they took turns raping the girl while Green shot and killed the family. They also testified that Green raped the girl and shot her.

External link: http://www.armytimes.com/news/2008/12/ap_soldier_iraqi_rape_trial_121108w/]]> http://www.expose-the-war-profiteers.org/archive/media/2008-5/20081211.htm http://www.expose-the-war-profiteers.org/archive/media/2008-5/20081211.htm Fri, 12 Dec 2008 00:31:34 +0100 Associated Press
October 22, 2008

Louisville, Ky. - A former Army soldier accused of raping and killing an Iraqi teen and slaying her family was a "chatterbox" after his arrest, voluntarily making nearly two dozen statements while in custody, prosecutors said in court documents filed Wednesday.

Pfc. Steven D. Green, 22, told FBI agents that "George Bush and Dick Cheney ought to be the ones that are arrested," according to court documents. He also said "You probably think I'm a monster" and "Guess I'm looking at spending the rest of my life in jail," the documents said.

He never specifically addressed the allegations against him.

Federal Public Defender Scott Wendelsdorf has said a judge should throw out Green's statements because he asked for an attorney.

But prosecutors said Green made the statements voluntarily and was not questioned after asking for an attorney.

"The fact of the matter is that Steven Green was a chatterbox during his transportation," prosecutors said.

Green, 22, faces 16 charges that include premeditated murder and aggravated sexual assault. He has pleaded not guilty and claims he was insane at the time of the March 2006 attack.

He was arrested a few months later at his grandmother's house in Nebo, N.C., about 80 miles northwest of Charlotte. Eventually he was brought back to Kentucky his unit was based. Green had been deployed in Iraq with the 101st Airborne Division, which is based at Fort Campbell, an Army post on the Kentucky-Tennessee border about 185 miles southwest of Louisville. His remarks to the FBI agents came as he was being taken to jail, then to court in Charlotte, N.C. after his arrest.

Four other soldiers pleaded guilty or were 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.

Green is being prosecuted in federal court because he was discharged from the military before being charged.

A judge has scheduled a hearing for next Wednesday on whether to allow Green's statements.

Green's trial is scheduled for April.

Copyright © 2008 The Associated Press.

External link: http://ap.google.com/article/ALeqM5gS9-ssFGmse6OtSA4HV6De8XN6bQD93VN8U00]]> http://www.expose-the-war-profiteers.org/archive/media/2008-4/20081022.htm http://www.expose-the-war-profiteers.org/archive/media/2008-4/20081022.htm Thu, 23 Oct 2008 23:38:57 +0200 Associated Press
October 15, 2008

Paducah, Ky. - A federal judge on Wednesday said he would hold a hearing later this month to decide whether statements a former Army soldier made after being arrested in the killing of an Iraqi girl and her family can be used at his trial.

Steven D. Green, 22, faces 16 charges that include premeditated murder and aggravated sexual assault. He has pleaded not guilty and claims he was insane at the time of the 2006 attack.

Green's attorneys have argued in court document that statements he made to authorities after his June 2006 arrest in North Carolina should not be allowed. The statements haven't been made public.

Federal Public Defender Scott Wendelsdorf argued that Green, of Midland, Texas, told federal agents after his arrest in Nebo, N.C., that he did not wish to speak unless his attorney was present. Prosecutors have claimed that Green made statements and "discussed topics" twice, Wendelsdorf said.

Assistant U.S. Attorney Marisa Ford told the U.S. District Judge Thomas B. Russell a response to Green's argument would be filed by Tuesday. The judge scheduled a hearing on the matter for Oct. 29.

Two of Green's other attorneys said they've disclosed to prosecutors a list of expert witnesses who will testify on Green's behalf.

Ford said prosecutors are reviewing the list and considering whether to have Green undergo more mental evaluations.

Defense attorneys also asked for the declassification of two complete documents to be used as evidence in the case. Ford said prosecutors are working on declassifying all the evidence in the case.

"We would all prefer to not have to go through secret proceedings," Ford said.

Green was deployed in Iraq with the 101st Airborne Division when authorities say the 2006 assault took place. The unit is based at Fort Campbell, an Army post on the Kentucky-Tennessee border about 185 miles southwest of Louisville.

Green is being prosecuted in federal court because he was discharged from the military before being charged.

Four other soldiers pleaded guilty or were 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.

Green's trial is scheduled for April.

© 2008 The Associated Press

External link: http://www.chron.com/disp/story.mpl/ap/tx/6060220.html]]> http://www.expose-the-war-profiteers.org/archive/media/2008-4/20081015.htm http://www.expose-the-war-profiteers.org/archive/media/2008-4/20081015.htm Thu, 16 Oct 2008 10:41:42 +0200 Associated Press
August 26, 2008

Louisville, Ky. - A federal judge in Kentucky has upheld civilian charges against a former 101st Airborne Division soldier accused in the sexual assault of an Iraqi teenager and the slayings of her and her family.

Steven Dale Green's attorneys challenged a law that allowed him to be indicted on civilian charges for alleged crimes that happened in a war zone while he was serving in the Army. He was discharged before the military could bring its own charges.

But U.S. District Judge Thomas Russell, in a series of ruling released Tuesday, upheld the constitutionality of the law and found that Green received due process as his case moved through the judicial system.

Green has pleaded not guilty and is scheduled to face trial in April 2009. The 22-year-old from Midland, Texas, faces a possible death sentence if convicted on 16 charges that include premeditated murder and aggravated sexual assault. His lawyers have said they plan to use an insanity defense at trial.

Green's public defender, Patrick Bouldon, said the civilian justice system shouldn't handle cases involving the unfamiliar and extreme setting of a war zone.

"Certainly cases involving soldiers in the midst of a violent war are ones that belong within the military system," he said.

Sandy Focken, a spokeswoman for the U.S. Attorney's Office in Louisville, said prosecutors would review the rulings.

Four other soldiers pleaded guilty or were convicted for their role in targeting the 14-year-old girl from a checkpoint near Mahmoudiya, a village 20 miles south of Baghdad, and helping rape and kill her in 2006.

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.

Green's lawyers challenged the constitutionality of the Military Extraterritorial Jurisdiction Act, a law written in 2000 and amended in 2004 primarily to allow the prosecution of civilian contractors who commit crimes while working for the U.S. overseas.

The attorneys argued their client could face death, a much harsher punishment than his alleged coconspirators received in military court. One soldier charged as an accessory was sentenced to five years, while sentences for three others ranged from 90 to 110 years.

Green had been honorably discharged from the military with psychiatric problems when allegations surfaced of U.S. military involvement in the slayings. He was arrested as a civilian.

The defense claimed discharging Green before he was criminally charged in the military system violated his due process rights. They cite testimony that Green reported his involvement to his commanding sergeant twice and was instructed to leave the military.

Russell ruled that the military did nothing wrong in discharging Green.

"This Court finds that Defendant's discharge was reasonably related to the Government's interest in ensuring that its soldiers are fit to serve," Russell wrote.

Russell also turned down multiple challenges to the federal death penalty act and the notice of intent to seek the death penalty in Green's case.

In a similar case, former Marine Jose Luis Nazario Jr. is on trial in California, charged with killing unarmed detainees in Iraq. The judge in his case also turned away a constitutional challenge to the law.

Copyright © 2008 The Associated Press.

External link: http://ap.google.com/article/ALeqM5gS9-ssFGmse6OtSA4HV6De8XN6bQD92Q7P0G0]]> http://www.expose-the-war-profiteers.org/archive/media/2008-3/20080826-1.htm http://www.expose-the-war-profiteers.org/archive/media/2008-3/20080826-1.htm Wed, 27 Aug 2008 22:53:02 +0200 Associated Press
July 29, 2008

Paducah, Ky. - A federal judge said Tuesday that oral arguments are unnecessary in the case of a former Army soldier charged with raping a teenage girl and killing her and her family in Iraq.
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U.S. District Judge Thomas Russell told attorneys he expects to rule by next week on a batch of motions challenging the indictment of Steven D. Green, a one-time soldier with the 101st Airborne Division.

Green, 22, of Midland, Texas, is scheduled to go to trial April 27. He faces a possible death sentence if convicted on 16 charges that include premeditated murder and aggravated sexual assault.

He pleaded not guilty in November 2006 and his attorneys said he may use an insanity defense.

Green was deployed in Iraq with the 101st Airborne Division when authorities say he and four others sexually assaulted a teenage girl and killed her and her family in 2006. The unit is based at Fort Campbell, an Army post on the Kentucky-Tennessee border about 185 miles southwest of Louisville.

Green's lawyers are challenging the constitutionality of the Military Extraterritorial Jurisdiction Act, which allows prosecutors to try military personnel in federal court if they are no longer in the service and charged with a crime punishable by at least a year in prison.

Green's lawyers say he faces a much harsher punishment if convicted than his alleged co-conspirators received in military court. A soldier charged as an accessory received five years, while sentences for three others ranged from 90 to 110 years.

Green had been honorably discharged from the military with psychiatric problems when allegations surfaced of U.S. military involvement in the slayings. He was arrested in July 2006 as a civilian, while visiting family in North Carolina.

Defense lawyer Patrick Bouldin said psychological exams of Green should be complete by the end of August. Assistant U.S. Attorney Marisa Ford said prosecutors may want fu rther tests.

The other soldiers were charged 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.
In your voice

External link: http://www.theleafchronicle.com/apps/pbcs.dll/article?AID=/20080729/NEWS01/80729012/1002]]> http://www.expose-the-war-profiteers.org/archive/media/2008-3/20080729.htm http://www.expose-the-war-profiteers.org/archive/media/2008-3/20080729.htm Wed, 30 Jul 2008 23:14:48 +0200 Associated Press Writer
May 15, 2008

Louisville, Ky. - A former Army soldier charged with murder and rape in Iraq may rely on an insanity defense when the case goes to trial next year.

The attorneys for Steven D. Green said in two motions filed Thursday that they may raise the issue both at trial and sentencing if Green is convicted of attacking and killing an Iraqi teen and her family.

Green is scheduled to go to trial on April 27, 2009. Green, 22, of Midland, Texas, faces a possible death sentence if convicted on 16 charges that include premeditated murder and aggravated sexual assault.

Thursday was the deadline for Green's lawyers to file their motions if they want to keep open the option of an insanity defense.

Prosecutors say Green raped, killed and set afire the body of 14-year-old Abeer Qassim al-Janabi and shot and killed her father, mother and sister in Mahmoudiya, about 20 miles from Baghdad, in March 2006. He pleaded not guilty in November 2006.

Green was deployed in Iraq with the 101st Airborne Division. The unit is based at Fort Campbell, an Army post on the Kentucky-Tennessee border about 185 miles southwest of Louisville.

Green is being prosecuted in federal court because he was discharged from the military for having an anti-social personality disorder before being indicted.

Five pages of documents filed by Green's attorneys in U.S. District Court in Paducah do not give details, but serve as notice of intent to possibly raise an insanity defense and introduce expert testimony at the trial and sentencing.

The Associated Press reported in January 2007 that Green was found to have "homicidal ideations" after seeking help from an Army Combat Stress Team in Iraq on Dec. 21, 2005.

The AP reported that Army doctors prescribed Green a drug to regulate his mood and directed him to get some sleep. A day after the medication prescription, Green was returned to duty in a particularly violent stretch of desert in the southern Baghdad suburbs known as the "Triangle of Death."

Patrick Bouldin, the federal public defender representing Green, declined to comment on the filings Thursday.

A telephone message seeking comment was left Thursday with the U.S. Army Human Resources Command in Alexandria, Va., which maintains records related to Green's service.

Army officials declined to comment specifically on the filings.

"This is a matter being reviewed by civilian authorities under civilian jurisdiction and will ultimately work itself out in a court of law," Army spokesman Paul Boyce said.

Telephone and e-mail messages left with the U.S. Department of Justice in Washington, D.C. were not immediately returned.

"Because this is an active case in the federal court system, I am unable to comment at this time," said Cathy Gramling, spokeswoman for Fort Campbell, where Green last served.

Four other soldiers pleaded guilty or were convicted for their roles in the crime for which Green faces charges.

Pfc. Jesse Spielman, the only soldier to contest the charges in military court, received a 110 year sentence, with the possibility of parole after 10 years. Spc. James Barker, Sgt. Paul Cortez and Pfc. Bryan Howard all cooperated with military prosecutors.

Barker received a 90 year sentence. Cortez was sentenced to 100 years in prison. Howard received five years in prison.

Associated Press writer Ryan Lenz in Evansville, Ind., contributed to this report.

© 2008 The Associated Press

External link: http://www.chron.com/disp/story.mpl/ap/tx/5783244.html]]> http://www.expose-the-war-profiteers.org/archive/media/2008-2/20080515.htm http://www.expose-the-war-profiteers.org/archive/media/2008-2/20080515.htm Thu, 15 May 2008 23:21:52 +0200 Associated Press
April 18, 2008

Louisville, Ky. - Attorneys for a former member of the 101st Airborne Division charged with murder and rape in Iraq say he can still challenge the federal lethal injection procedure even though the U.S. Supreme Court upheld the method used by nearly three dozen states and the U.S. government.

Former Pvt. Steven D. Green may still challenge how execution administrators are trained and how the drugs are administered if he is convicted.

"While use of the specific chemicals in the Kentucky protocol was approved, the legal issues in lethal injection as a method of execution go beyond the types of drugs used," wrote Green's lawyers, federal public defenders Scott Wendelsdorf and Patrick Bouldin, along with attorney Darren Wolff.

Green is scheduled to face trial on April 27, 2009. Green, 22, of Midland, Texas, faces a possible death sentence if convicted on 16 charges that include premeditated murder and aggravated sexual assault. He pleaded not guilty in November 2006.

Green's lawyers filed three motions on Friday, reasserting that the federal death penalty is legally flawed, that Green should be tried in military court and that the federal death penalty statute is unconstitutional. They previously made the arguments in February, when they asked U.S. District Judge Thomas Russell to dismiss the case.

Federal prosecutors responded in April, saying the case was being heard in the proper court and the federal death penalty passes constitutional muster.

The U.S. Supreme Court on Wednesday turned back a challenge to the procedures in place in Kentucky that employ three drugs to sedate, paralyze and kill inmates. The federal government uses a similar procedure.

Green's lawyers said the 7-2 vote dealt primarily with the drugs used and not with many of the other procedures involved in a lethal injection. Those other issues are still available to challenge, the lawyers said.

Green was deployed in Iraq with the 101st Airborne Division when authorities say the assault took place in 2006. The unit is based at Fort Campbell, an Army post on the Kentucky-Tennessee border about 185 miles southwest of Louisville.

Green is being prosecuted in federal court because he was discharged from the military before being charged.

Four other soldiers pleaded guilty or were 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.

© 2008 The Associated Press

External link: http://www.chron.com/disp/story.mpl/ap/tx/5712592.html]]> http://www.expose-the-war-profiteers.org/archive/media/2008-1/20080418.htm http://www.expose-the-war-profiteers.org/archive/media/2008-1/20080418.htm Sun, 20 Apr 2008 21:24:53 +0200 April 2, 2008

Paducah, Ky. - The trial of a former Fort Campbell soldier charged with the rape and murder of a 14-year-old Iraqi girl has been delayed by three weeks to accommodate a quilt show.

U.S. District Judge Thomas Russell ordered former Pvt. Steven D. Green's trial delayed from April 6, 2009 to April 27 because the National American Quilt show is in Paducah during the original trial date. Russell said in a one-page ruling issued Tuesday that attendance at the show would make it difficult to secure enough hotel rooms for trial participants.

Green, of Midland, Texas, faces a possible death sentence if convicted on 16 charges that include premeditated murder and aggravated sexual assault. He pleaded not guilty in November 2006.

© 2008 The Associated Press

External link: http://www.chron.com/disp/story.mpl/ap/tx/5668821.html]]> http://www.expose-the-war-profiteers.org/archive/media/2008-1/20080402.htm http://www.expose-the-war-profiteers.org/archive/media/2008-1/20080402.htm Wed, 2 Apr 2008 23:10:05 +0200 Associated Press
March, 23, 2008

Louisville, Ky. - Federal prosecutors say the rape and murder case against a former Fort Campbell soldier belongs in civilian court.

Prosecutors said in court filings that Steven D. Green was properly discharged from the military before being charged as a civilian with raping and killing an Iraqi girl and killing her family in 2006.

In 88 pages of motions, federal prosecutors also argued that the decision to seek the death penalty for Green is valid and that the case is supported by evidence.

Green, 22, of Midland, Texas, faces a possible death sentence if convicted on charges that included premeditated murder and aggravated sexual assault. He pleaded not guilty in November 2006.

Four other soldiers pleaded guilty or were 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.

External link: http://www.kentucky.com/471/story/354986.html]]> http://www.expose-the-war-profiteers.org/archive/media/2008-1/20080323.htm http://www.expose-the-war-profiteers.org/archive/media/2008-1/20080323.htm Sun, 23 Mar 2008 20:04:38 +0100 February 19, 2008

Paducah, Ky. - Lawyers for a former Army private accused of raping a 14-year-old Iraqi girl and murdering her and her family said Tuesday that they now have security clearances to view secret military documents in the case.

Defense attorneys for former Pfc. Steven D. Green, however, declined to discuss what those materials include.

In a conference call with U.S. District Judge Thomas Russell, defense attorney Scott Wendelsdorf said the documents are likely the last of materials needed to begin preparing for a trial scheduled next year in Paducah.

Green, 22, of Midland, Texas, faces a possible death sentence if convicted. He pleaded not guilty in November 2006 after being indicted on charges that included premeditated murder and aggravated sexual assault.

Four other soldiers pleaded guilty or were 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, and that Green raped the girl and shot her.

Green was discharged from the military for psychiatric reasons before allegations surfaced in 2006 of U.S. involvement in the rape and murders.

Prosecutors have until March 7 to respond to the defense motions to dismiss the charges and move the case to a military court-martial. Assistant U.S. District Attorney Marisa Ford said in the call that she did not anticipate delays meeting the deadline.

© 2008 The Associated Press

External link: http://www.chron.com/disp/story.mpl/ap/tx/5552795.html]]> http://www.expose-the-war-profiteers.org/archive/media/2008/20080219-1.htm http://www.expose-the-war-profiteers.org/archive/media/2008/20080219-1.htm Wed, 20 Feb 2008 00:12:44 +0100 Associated Press
February 15, 2008

Louisville, Ky. - Lawyers for a former Army private charged with raping a 14-year-old Iraqi girl and murdering her and her family asked a judge Friday to dismiss federal charges, saying he should be prosecuted in a military court.

The attorneys argue that the government doesn't have the authority to prosecute former Pfc. Steven D. Green in civilian court for acts committed in a war zone. Green grew up in Midland, Texas.

"Simply put, the government had no civilian jurisdiction over Pfc. Green when the offenses at issue were committed," the motion filed by Federal Public Defender Scott Wendelsdorf and other defense attorneys said.

Prosecutors have until March 7 to respond to the defense motions. Sandy Focken, a spokeswoman for the U.S. Attorney's Office in Louisville, referred calls to the U.S. Justice Department in Washington. A message left there Friday was not immediately returned.

Four other soldiers pleaded guilty or were 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, and that Green raped the girl and shot her.

Green, 22, faces a possible death sentence if convicted. He pleaded not guilty in November 2006 after being indicted on charges that included premeditated murder and aggravated sexual assault.

The decision to try four of Green's co-accused in the case in the military "introduces a level of disparity that needs to be rectified by the judicial system," said Darren Wolff, an attorney on Green's defense team and a former lawyer in the Marine Corps.

"This is a military case and should be tried in a military court," said Wolff. "Prosecuting Pfc. Green in federal court is fundamentally unfair, especially given the fact all of the co-defendants in this case were tried in a military court."

Green had been honorably discharged from the military with psychiatric problems when allegations surfaced of U.S. military involvement in the March 12, 2006 slayings. He was arrested that July as a civilian, while visiting family in North Carolina.

The Military Extraterritorial Jurisdiction Act allows prosecutors to try military personnel in federal court if they are no longer in the service and charged for a crime punishable by at least a year in prison. Green offered to re-enlist in the Army and face a court-martial for the rape and murder, but was turned down, defense attorneys said in the motion.

Green's lawyers say he faces a much harsher punishment if convicted than his alleged co-conspirators received in military court. A soldier charged as an accessory received five years, while the others' sentences ranged from 90 to 110 years.

The defense claims discharging Green before he was criminally charged in the military system violated his due process rights. They cite testimony that Green reported his involvement to his commanding sergeant twice and was instructed to leave the military.

"Pfc. Green was told that by hook or by crook, he was going to be kicked out of the Army," attorneys wrote. Green was diagnosed with anti-social personality disorder eight days later, and the process to discharge from the military began.

Another motion claims Green was improperly discharged from the Army, due to procedural errors, and should still subject to the military justice system.

Associated Press writer Ryan Lenz reported on this story from Evansville, Ind.

© 2008 The Associated Press

External link: http://www.chron.com/disp/story.mpl/ap/tx/5546324.html]]> http://www.expose-the-war-profiteers.org/archive/media/2008/20080215.htm http://www.expose-the-war-profiteers.org/archive/media/2008/20080215.htm Mon, 18 Feb 2008 21:25:26 +0100 Associated Press
December 19, 2007

Evansville, Ind. - They were convicted one after another - four U.S. soldiers who helped gang rape and kill a 14-year-old Iraqi girl in one of the war's worst atrocities.

In exchange for leniency, each struck deals to testify against a fifth man, a troubled former Army private who allegedly killed the family and planted the idea of raping the girl.

But the case against Steven D. Green has dragged slowly forward in the 18 months since the allegations surfaced. It's a pace, military legal experts note, that bears stark contrast to swift prosecutions of nearly every other crime to come from Iraq and Afghanistan.

Green, 22, is accused of being a central figure in slaying the family in Mahmoudiya, a village about 20 miles south of Baghdad. He was charged in federal court because he was discharged from the Army for anti-social personality disorder before being accused of the crimes.

On Tuesday, his trial was set for April 13, 2009, in Paducah, Ky.

Defense attorneys and federal prosecutors in the case have fought each other on the reach of federal courts into military affairs, the access civilian attorneys have to classified military evidence, and, most recently, what constitutes enough time to prepare for trial.

Some legal experts say the delays and infighting suggest challenges ahead in trying the last chapter of what many regard as the worst atrocity committed by U.S. military personnel in Iraq.

"You've got some very smart people trying a type of case that they normally don't," said Charles Rose, a law professor at Stetson University and former deputy military judge advocate. "Federal criminal courts are designed for paper-driven cases. They don't do violations of the laws of war."

Unlike his co-accused, Green, 22, of Midland, Texas, is the only soldier charged in civilian court for the March 2006 slayings, where he faces a possible death sentence if convicted.

Green pleaded not guilty in November 2006 to charges of rape and murder.

Four Fort Campbell, Ky.-based 101st Airborne Division soldiers have since 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. They were given sentences in courts-martial ranging from five to 110 years under agreements with prosecutors.

Two of the soldiers testified they took turns raping the girl while Green shot and killed her mother, father and younger sister. Green shot the girl in the head after raping her, they said. The girl's body was then set on fire with kerosene to destroy the evidence, according to previous testimony.

At the core of Green's trial is the law used to charge him in U.S. District Court. The Military Extraterritorial Jurisdiction Act allows prosecutors to try military personnel in federal court if they no longer are in the service and are charged for a crime punishable by at least a year in prison.

Described as a catchall for the military, the law has been used rarely, and never before on a high-profile case.

But the law has dissolved Green's chances of receiving a sentence comparable to those of the other defendants if he is convicted, attorneys have argued. Each soldier was charged identically, but those convicted in the military have a chance for parole in 10 years no matter the sentence they received.

While legal experts say disparity in sentencing is not unusual, Green's attorneys have argued there is a fundamental issue of fairness that is lost by the government's insistence on trying Green outside of the reaches of the military.

A telephone message seeking comment was left Tuesday at Assistant U.S. District Attorney Marisa Ford's Louisville, Ky., office. Green's attorney, Patrick Bouldin, declined to comment Tuesday night.

Green, who was also a member of the 101st, had been honorably discharged from the military with anti-social personality disorder when he was arrested by U.S. marshals in June 2006 after attending the military funeral of a friend.

Delays are expected in a federal death penalty case, where proceedings have lasted as long as three years, legal experts say. As an example, it took federal prosecutors two years to convict Timothy McVeigh and sentence him to death for the April 1995 bombing in Oklahoma City.

But Gary Solis, a law professor at the U.S. Military Academy at West Point, N.Y., remains baffled that prosecuting the Mahmoudiya slayings has lingered when so many other crimes in Iraq have come to a close.

The allegations of rape and murder at the hands of U.S. soldiers in July 2006 enraged the world community, including Iraqi Prime Minister Nouri al-Maliki, who demanded full accountability.

The U.S. military promised justice.

Solis said trying Green in U.S. District Court undoubtedly reflects political pressure to ensure the most severe punishment for the crime's alleged ringleader.

"The death sentence is a dead letter in the military," Solis said. "If tried in the military, Green probably would not be sentenced to death. And if sentenced to death, it's questionable the sentence would ever be carried out."

External link: http://ap.google.com/article/ALeqM5gS9-ssFGmse6OtSA4HV6De8XN6bQD8TKDHK80]]> http://www.expose-the-war-profiteers.org/archive/media/2007-5/20071219.htm http://www.expose-the-war-profiteers.org/archive/media/2007-5/20071219.htm Thu, 20 Dec 2007 00:31:10 +0100 Associated Press
December 13, 2007

Louisville, Ky. - Defense attorneys for a former soldier accused of raping a 14-year-old Iraqi girl and killing her and her family asked Thursday for more time to prepare an adequate defense.

Attorneys for Stephen D. Green of Midland, Texas, argued during a hearing, and in a motion filed Thursday, for more time to locate and interview witnesses, to do background investigations and to analyze information.

Attorneys asked for a trial date no earlier than April 2009 "to insure that both the United States and the defense can be adequately prepared" for the trial, according to the motion.

Federal prosecutors have asked for an Aug. 4, 2008 trial date for Green, a former 101st Airborne Division private charged with rape and murder in the March 2006 attack.

Green attended the hearing Thursday wearing a blue shirt, red sweater vest and loose khaki pants. He was shackled at the ankles but his hands were free, and he laughed with attorneys before the hearing began.

Green's attorney, Patrick Bouldin, said attorneys should be allowed ample time to prepare for trial, due to the unique nature of the investigation focusing on a crime at war.

"Death is different, we all know that it is, but that makes Mr. Green's different than his co-accused," Bouldin said.

U.S. District Judge Thomas Russell said he would decide next week on a trial date.

Green has pleaded not guilty to the charges and has been held in Kentucky without bond.

The defense motion cites insanity as a possible defense, and said psychiatric experts "have requested considerable additional information in order to render their professional opinions."

The motion said Green had a family history of mental illness and said he had "survived chronic and severe childhood maltreatment," but did not elaborate.

Green, 22, is accused of being a central figure in slaying the family in Mahmoudiya, a village about 20 miles south of Baghdad. He is the last of five 101st Airborne Division soldiers to face trial.

Green was charged in federal court because he was discharged from the Army for anti-social personality disorder before being accused of the crimes. He served 11 months with the 101st, which is based at Fort Campbell on the Kentucky-Tennessee border.

Defense attorneys also argued that having the trial in federal court, where prosecutors have said they intend to seek the death penalty if he is convicted, makes the case "unusual and complicated" for crimes at war.

In the 1 1/2 years since the allegations surfaced, four soldiers have stood trial in military courts-martial. Two made plea agreements with military prosecutors for sentences ranging from 90 to 100 years. A third soldier was sentenced to five years in prison but will not serve more than 27 months.

A fourth soldier, who challenged the charges, was sentenced to 110 years.

© 2007 The Associated Press

External link: http://www.chron.com/disp/story.mpl/ap/tx/5377010.html]]> http://www.expose-the-war-profiteers.org/archive/media/2007-5/20071213.htm http://www.expose-the-war-profiteers.org/archive/media/2007-5/20071213.htm Fri, 14 Dec 2007 01:38:09 +0100 December 8, 2007

Louisville, Ky. - Federal prosecutors have asked that a former Kentucky soldier stand trial next summer on charges of raping a 14-year-old Iraqi girl and killing her and her family.

In a motion filed late Friday, U.S. Attorney David Huber asked that Steven Green's trial be set for Aug. 4, 2008.

Huber said Green's attorneys argue the trial should not be scheduled prior to April 2009. He said such a timetable "unduly burdens the public's right to a speedy trial," noting it would be 30 months after Green's indictment and 21 months after prosecutors said they intend to seek the death penalty.

Huber said the two sides can't reach agreement on a trial date, and asked a judge to set the trial for next Aug. 4.

Huber said the government's case relies mostly on the testimony of other soldiers accused of participating with Green in the crime.

"In a case which is based almost entirely on testimonial evidence, delay inures only to the benefit of the defendant as memories begin to fade," he said.

Green is charged with rape and murder in the deaths of Abeer Qassim al-Janabi and three others in her family.

The former private in the Fort Campbell-based 101st Airborne Division has pleaded not guilty. Four others who served with Green have been convicted in the March 2006 attack.

External link: http://www.kentucky.com/471/story/253089.html]]> http://www.expose-the-war-profiteers.org/archive/media/2007-5/20071208.htm http://www.expose-the-war-profiteers.org/archive/media/2007-5/20071208.htm Sat, 8 Dec 2007 18:14:03 +0100 December 5, 2007

Paducah, Ky. - A teleconference to set a trial date for a former Kentucky soldier charged with raping a 14-year-old Iraqi girl and killing her and her family has been postponed.

The trial of 22-year-old Steven Green of Midland, Texas, was set to be scheduled during the call Wednesday, but attorneys canceled because of a scheduling conflict.

The next hearing will be held on Dec. 11 in Louisville.

Green is charged with rape and murder in the deaths of Abeer Qassim al-Janabi and three others in her family. He faces a possible death sentence if convicted.

The former private in the Fort Campbell-based 101st Airborne Division has pleaded not guilty. Four others who served with Green have been convicted in the March 2006 attack.

© 2007 The Associated Press

External link: http://www.chron.com/disp/story.mpl/ap/tx/5355113.html]]> http://www.expose-the-war-profiteers.org/archive/media/2007-5/20071205-1.htm http://www.expose-the-war-profiteers.org/archive/media/2007-5/20071205-1.htm Fri, 7 Dec 2007 00:25:20 +0100 November 20, 2007

Paducah, Ky. - A court date for a former soldier charged with the rape and murder of a 14-year-old Iraqi girl and the slaying of her family has been postponed.

The case of Steven D. Green, 22, of Midland, Texas, was set for proceedings in court next week, but a federal judge ordered Tuesday that the case be set for Dec. 5.

Green is charged with rape and murder in the deaths of Abeer Qassim al-Janabi and three others in her family. Green, who was discharged from the Army before being arrested last year, faces a possible death sentence if convicted. The former private in the Fort Campbell-based 101st Airborne Division has pleaded not guilty.

Four others who served with Green have been convicted in the March 2006 attack. Their sentences range from five to 110 years.

© 2007 The Associated Press

External link: http://www.chron.com/disp/story.mpl/ap/tx/5318209.html]]> http://www.expose-the-war-profiteers.org/archive/media/2007-5/20071120-1.htm http://www.expose-the-war-profiteers.org/archive/media/2007-5/20071120-1.htm Sat, 24 Nov 2007 00:25:49 +0100 November 13, 2007

Paducah, Ky. - A former soldier charged with the rape and murder of a 14-year-old Iraqi girl and the slaying of her family may soon have a trial date.

A federal judge told attorneys Tuesday to present him in two weeks with a proposed schedule for Steven D. Green's trial.

Green, 22, of Midland, Texas, is charged with rape and murder in the deaths of Abeer Qassim al-Janabi and three others in her family. Green, who was discharged from the Army before being arrested last year, faces a possible death sentence if convicted. The former private in the Fort Campbell-based 101st Airborne Division has pleaded not guilty.

During a brief telephone conference call Tuesday with U.S. District Judge Thomas Russell, attorneys outlined ongoing delays in getting security clearance to view classified materials in the case and difficulties calling soldiers to testify who have recently deployed to Iraq.

Russell scheduled a hearing on Nov. 27 to resolve the matters and could set a trial date then.

Four others who served with Green have been convicted for their roles in the March 2006 attack in Mahmoudiya, a village 20 miles south of Baghdad in the violent heart of the country's "Triangle of Death." Their sentences range from 5 to 110 years.

© 2007 The Associated Press

External link: http://www.chron.com/disp/story.mpl/ap/tx/5297721.html]]> http://www.expose-the-war-profiteers.org/archive/media/2007-5/20071113-1.htm http://www.expose-the-war-profiteers.org/archive/media/2007-5/20071113-1.htm Thu, 15 Nov 2007 21:00:34 +0100