101st Airborne Officer Serving 20-Year Sentence After Testimony of Expert Witness Ignored
by Bob McCartyBy Bob McCarty and Carrie Fatigante
It’s not uncommon for people convicted of crimes to proclaim their innocence. Most deserve to be ignored, but not Army Ranger 1st Lt. Michael Behenna.
On July 31, 2008, Lieutenant Behenna was charged with the premeditated murder of Ali Mansur, a known Al-Qaeda operative operating in the area of Albu Toma, north of Baghdad. Seven months later, the 26 -year-old leader of the 18-member Delta Company, 5th platoon of the Army 101st Airborne Infantry Division, was sentenced to 25 years confinement at Fort Leavenworth after being convicted by a military court-martial panel of unpremeditated murder in violation of Article 118 of the Uniform Code of Military Justice.
Though a judge later reduced his sentence to 20 years, the Edmond, Okla., native remains confined at the U.S. Army Garrison in the middle of Kansas, largely due to the fact that a forensics expert whose testimony likely would have exonerated him was never allowed to be heard during the court-martial.
That forensics expert, Dr. Herbert Leon MacDonell, is director of the Laboratory of Forensic Science in Corning, N.Y. During a career spanning five decades, he’s been involved in such high-profile cases as the assassinations of President John F. Kennedy, Sen. Robert F. Kennedy and Martin Luther King Jr., and the 1994 double-murder case involving O.J. Simpson. In this case, he appears to harbor strong feelings about the evidence — the kind of feelings that might lead anyone who doesn’t earn an income as an expert witness to say he believes Lieutenant Behenna is innocent.
In the 7-minute video below, the lieutenant’s parents — Scott Behenna, an FBI intelligence analyst, and Vicki Behenna, a federal prosecutor — explain how prosecutors appear to have committed a Brady Act violation when they failed to disclose to certain information to defense lawyers. That information, which Dr. MacDonell was prepared to share as part of his testimony, was never presented for consideration by the panel of seven officers serving as the military equivalent of a jury. Therein lies the problem.
Below is the text of the sworn affidavit, dated April 21, in which Dr. MacDonell explains how knowledge he obtained while waiting to testify in the case could have changed dramatically its outcome:
I was retained by the government to testify as an expert witness in bloodstain analysis. On 16 December 2008 I received a FedEx package from Captain Megan Poirier. It contained ten envelopes of photographs and reports as well as a video of the scene. Included was a report by Barbara Liveri, and the autopsy report done by an Iraqi doctor. Prior to trial, I told the government that using only the photographs at the scene and the nature of the surfaces where the bloodstains were located made it difficult to reach any definitive conclusions. I had been contacted before trial by Jack Zimmerman, one of the lawyers for First Lieutenant Behenna and told him the same thing. I was set to travel to Fort Campbell on Wednesday, February 25, 2009, to return on Friday, February 27, 2009. I was called and asked to come a day earlier, which I did. I sat in on the testimony of Dr. Paul Radelat and Mr. Tom Bevel. They testified on Wednesday.
At a recess on Wednesday, I was in the prosecutor’s office in room 13 in the courthouse. While talking with Dr. Berg about the bullet wounds Ali Mansur received, Dr. Berg gave me information I previously did not have. Dr. Berg told me that the wound trajectories for both the chest wound and the head wound were horizontal and essentially parallel.
After thinking about this new information, I did a demonstration to show the only logical explanation which was consistent with the autopsy findings, the bloodstains, the final resting position of the body, and the time between shots. I had Sergeant MacCauley stand directly in front of me, and facing me. I asked him to raise his right arm a little and then I poked my right index finger in to the right side of his chest under his arm and said, “Bang! You have just been shot, so drop down.” The sergeant dropped to his knees and as his head passed in front of my finger, I said, “Bang! You have been shot again.” I remarked that this was consistent with the physical evidence. All three prosecutors, Captains Poirier, Roberts, and Elbert were present when I gave this demonstration and informed them of my opinion.
On Thursday morning during one of the breaks I examined the 9mm bullet and sw it had struck a hard object while traveling backwards. This is consistent with the bullet tumbling as it exited on of Ali Mansur’s wounds. The uniformity of the extruded lead into a disk-like configuration shows it was traveling in a horizontal trajectory if the surface it struck was a flat, very coarse, vertical surface. Logically, that could have been the culvert’s concrete wall.
On Thursday afternoon, the day after this demonstration, I listened to Lt. Behenna testify. I had seen no written statement made by him. This was the first time I learned what he said had happened. After Lt. Behenna described the shooting, I turned to Dr. Berg and told him, “That is exactly what I told you guys yesterday.” There was a recess about 5:00 pm and Lt. Behenna was still on the witness stand. I was told by Captain Poirier that I would not be needed, and a flight was arranged for me for that evening. I told Captains Poirier and Roberts that I could stay another day if necessary. They told me my testimony would not be needed and I could leave to get my flight.
When I went back to room 13 to get my hat, coat, and briefcase the captains on the prosecution team were already in that room. As I gathered my things I reminded them that although the scenario I had presented to them the day before was unlikely, it still was the only theory I could develop that was consistent with the physical evidence. It was also exactly the way Lt. Behenna had described the events. Their reaction was noticeably cold. I went back into the courtroom and went over to Jack Zimmerman. As I was putting on my coat I remarked that I was sorry I was leaving because I would have made a good witness for him. He asked why, and I told him I was a government expert, and could not discuss it with him until after the trial. He asked me not to leave but I did. I did not believe it would have been proper for me to have told Attorney Zimmerman any more than I did. I was not “eager to communicate” with him or I would have told him my concern at that time on Thursday.
I expected that the prosecutors would tell Mr. Zimmerman what I had told them. When I was released without being called as a defense witness, and had returned to Corning, New York, I was concerned. I consulted two friends, a Supreme Court judge and a lawyer, and decided to check with Captain Poirier to ensure she had passed on the opinion I had given the prosecutors Thursday afternoon when I was getting my hat, coat, and briefcase.
From reading the judge’s ruling, I believe the misunderstanding may have resulted from the way I interpreted the questions asked during my telephone testimony on Saturday, February 28, 2009.
When I testified that I told Dr. Berg, “That is exactly what I told you guys yesterday,” and did not remember telling my reaction to any other person, I meant right there at that moment in the courtroom. There was no one else but Dr. Berg sitting nearby who had witnessed my demonstration the day before. The prosecutors were at counsel table then.
However, at the next recess, when I went to get my hat, coat, and briefcase, I specifically told the three prosecutors in their office in room 13 the same thing I told Dr. Berg. As I testified on February 28, 2009, “And as I was leaving I told the prosecuting group, I said, “That was exactly what I told you.’”
I do not feel that it is fair to put the opinion I related to Dr. Berg and Captains Poirier, Roberts, and Elbert on Thursday in quotation marks. Until Wednesday afternoon I had not been told the wound trajectories for both shots were horizontal and parallel. I had not been provided the bullet to examine. The scientific process required me to consider the physical and medical evidence in reaching my final conclusion. That is why I wanted to see the bullet on Thursday. When I heard Lt. Behenna describe what happened, I did not say other witnesses were lying, or that my conclusion was based on my opinion of the Lieutenant’s credibility. My expert opinion was based on the fact that the Lieutenant’s description as to how the shooting occurred fit the physical evidence.
I have consulted and testified in many trials, and I know what exculpatory evidence is. I firmly believe the jury should have heard my testimony.
A clemency hearing for Lieutenant Behenna is set to take place Jan. 7 in Arlington, Va.
Cross-posted at BobMcCarty.com.
* * *
To learn more about Lieutenant Behenna’s life before and after he joined the Army, click here to download “The Michael Behenna Story” (26 pgs., PDF) by new BMW contributor Carrie Fatigante.
To learn more about the case and the legal defense fund set up to help defray costs associated with Lt. Behenna’s defense, visit DefendMichael.wordpress.com.
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99 Comments
This is insane!
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This is so wrong! They are taking the side of the enemy? Lt. RightBehenna is nothing more than a sacrificial lamb of an administration that wants to show the world how politically correct we have become, even at the expense of our own troops….sickening!!!
The armed forces of this country need to fight back. Granted there is a chain of command and Obama is the chief, but it is high time the soldiers stand together and say no more!
Obama administration = terrorist sympathyzer.. MUSLIM SYMPATHYZERS!!!
Looks like we are going to have to correct the military as well in 2010 or shortly thereafter. This is getting out of control. What happened to the brass balls you guys USED to have ? You cannot even protect the dedicated soldiers who would give their lives for ANY AMERICAN.
If there is one group of Americans I would trust implicitely…. it USED to be the military. How do you soldiers feel about the influence of the communistPOS we have as president ? Keep your honor…we are going to need you !
And a disgrace!
I concur!
This just underlines the anti-America agenda of this administration. Sickening. I can totally see a "battlefield" casualty happening to any of these dweebs showing up in the action theater. Oops, forgot, they don't have the ba!!s for that. Wishful thinking.
Sure seems like it!
OUTRAGEOUS!
This man should have gotten a medal for ridding the world of that thug and instead we put him in jail. When the hell is this country going to wake up? Our way of life is under assult from without and from within.
The military, which is the last institution of our government we can still be proud of is slowly being pulled into the world of political correctness and in the process it's being destroyed. It is sickening beyond words what we are doing to our brave men and women in uniform when they are out there risking their necks for all of us on a daily basis. It just makes me want to scream.
Obama and the administration had nothing to do with this. This was a court martial, the prosecutors were members of the military, as were the officers who heard and decided the case. The prosecutors apparently violated the Brady Rule, either intentionally or inadvertently, by not turning over potentially exculpatory evidence to the defense. The defense's motion for a mistrial was denied by the tribunal (the military officers) who heard the case. If you think this is surprising, you haven't had much experience with criminal trials. It is wrong, but it happens. Politics was not the driving factor here. This was the military prosecuting a soldier; the Brady violation was committed by military prosecutors; the violation was excused by military judges. Hopefully LT Behenna will be granted a new trial on appeal.
i don't understand how a solider can be charged for murder…. killing terrorists is this guys job.. no?????!!!
I want all of our American heroes to get justice. The Bush administration for charging this soldier, and the court for the way it handled this. At least there was no death sentance – fight on!
Amen to that!
This is happened prior to Obama taking office… both the killing and the charges. What we do have here is a Military Law team that should be disbarred and court martial for their actions.
The problem is, our military has been defanged due to political correctness. Pitchforks (below) is dead on. The guy's job is to kill terrorists. The manner in which he does it should be a secondary concern. The notion of prosecuting our soldiers for killing the enemy just seems wrong. Obviously there are times when soldiers go too far and they need to be held to account, but not here.
Unfortunately the higher levels of the military are very political, so it does not surprise me that if word from the top comes down to make an example, then an example is made. I have no idea if that happened, but it would not surprise if it had considering all the other none sense that's been going on.
The prosecuting attorney's also want to win like most attorneys, but this is pretty egregious and if it's overturned or they are found at fault (they should be) then they might spill the beans IF they are not just wrist slapped, they were probably cherry picked for their own views if it was meant to be an example.
This feels like the 70's all over again, hopefully the 80's are just right around the corner.
The Army Ranger deserves a medal. If i were calling the shots all those that railroaded this soldier would be imprisoned for life.
We're not a serious nation.
HUSSEIN obama will burn this BRAVE AMERICA SOLDIER!
The marxists have infiltrated all levels of government. This is part of a concerted effort to stifle military enorollments. Patriots everywhere beware and prepare.
That's a separate issue. The issue here is the fairness of the trial, not whether charges were a proper exercise of prosecutorial discretion.
Which the Islamist undestand quite well, erosion of security internal and external will continue until another event occurs.
I am sure that if we do the lame stream will run to the rescue, the rescue or Obama that is by saying it;s Bushes fault.
Even the middle left is getting tired of that one
How long are we to endure these attempts to discredit those who defend us? I am a veteran, and like most vets, a peace-loving man. But where is the honorable CiC, the principled Congress ,and the ethical Courts that will stop the leftists who are persecuting those who defend us? Nowhere. That is why the Democrat filth that infests the sewers of Washington must be swept out of office – every last one of them.
I am a veteran, and like most vets, a peace-loving man.
"Every normal man must be tempted at times to spit on his hands, hoist the black flag, and begin to slit throats."
- H. L. Mencken
Just curious – how is this Obama's fault since this was carried out under the Bush administration?
"On July 31, 2008, Lieutenant Behenna was charged with the premeditated murder of Ali Mansur, a known Al-Qaeda operative"
Listen up folks, yes this is simply unfreakingbelievable BUT when push comes to shove, who will the military stand up for? Us or the adminsistraiton? These stories are not available on MSM. Everyone knows that the terrorists have beheaded our people as an example and Obama is beheading our military as an example. He will be the most hated terrorist, muslim loving Commander in Chief in history who should've never been elected to begin with.
Things will start to percolate especially after the Muhammed dude will be spitting on New York. Obama and his cockroaches are thumbing their noses at us in full view, just like when "he" refuses to salute the flag. This is so unacceptable, it's horrifying and the left and the zombies excuse it all.
I'm waiting for Obama to unzip himself and urinate all over the Constitution. It's coming, so be prepared in all ways.
This is but one of the many reasons I refuse to re-up. I refuse to be a pawn in some vietnam-era protester's midlife crisis.
In this case, the "leftists who are persecuting those who defend us" are all members of the military, charged with enforcing the UCMJ.
Welcome to America in 2009, where the mastermind of 9/11 is given a cushy civilian O.J. trial in New York while our Army heroes are prosecuted in military tribunals and put away for 20 years for "premeditated murder" of the terrorists who have killed over 3,000 of us and can't wait to kill the rest.
That as well !
What in the world is going on? KSM will get off for planning 911 and this soilder gets 20 years for doing his job. Maybe the military should just give our soilders guns wth no bullets.
I agree……………………………….some heads should roll………………literally.
Look at how they're all tiptoeing around on eggshells with this whole Fort Hood episode. Instead of going after homicidal idiot terrorists amongst their own ranks, they ruin a good patriotic soldiers life and career for doing his job bravely and efficiently.Unfuknbelievable.
Enemies both foreign AND DOMESTIC. There is a chain of command but being at the top does not make you right. I believe our current administration is trying to wipe out our military and their morale by prosecuting these brave kids for doing their job.
LBJ was awful as well, but Obama is truly acting as an enemy out to destroy our military, in any and every way possible.
I don't believe it's a totally seperate issue. Many of these actions against our soldiers would never even be brought were it not for this ridiculous PC crap, and you can be sure that our soldiers would be more likely to get the benefit of the doubt if the top brass was not constantly worried they will be pilloried by the press. So it's hard to say if this trial would have worked out the same way if we didn't live in this ultra PC world.
"On July 31, 2008, Lieutenant Behenna was charged with the premeditated murder of Ali Mansur, a known Al-Qaeda operative operating in the area of Albu Toma, north of Baghdad. Seven months later, the 26 -year-old leader of the 18-member Delta Company, 5th platoon of the Army 101st Airborne Infantry Division, was sentenced to 25 years confinement at Fort Leavenworth after being convicted by a military court-martial panel of unpremeditated murder in violation of Article 118 of the Uniform Code of Military Justice."
QUITE FRANKLY THEY SHOULD HAVE GIVEN THE BOY A MEDAL.
We are in a parallel universe, everything is flipped on it’s head. This soldier should be given a medal, for Gods sake. What a travesty, the PC police strike again.
Exactly right! Flashback to 1944 in the South Pacific, sailors aboard the USS Enterprise were under attack by Kamikazi pilots. One Japanese plane ditches and the pilot survives and is drifting towards the Enterprise. Sailors on deck are unsure what to do with the enemy pilot drifting towards them. The Captain then walked onto the deck and sees the pilot in the water and orders his men to "shoot the son-of-a-bit**" and they did, end of story, threat neutralized.
Modern day; They rescue the pilot, appoint him an attorney who then sues the US Navy for shooting his client down. The Captain then gets court martialed, tried and convicted of attempted murder and the US Navy is ordered to pay millions of dollars in restitution to the Japanese pilot. The Captain is then ordered to write the enemy pilot a letter of apology for shooting him down in the first place.
As crazy as this sounds, it's actually happening right now!!!
You can believe whatever you want. Whether it's true or not is another matter.
There's nothing more dishonorable to me, than a country that turns its back on its own soldiers, who are risking their lives. I have so had it up to here with stories of our warriors being prosecuted for doing the tough job that most Americans cannot even begin to comprehend doing themselves.
In Russia and China this Ranger would be the toast of the town. A few years ago Thailand appointed a former assassin as a General to fight their islamic terrorists. Our military is being neutered; if you can't kill an AQ subhuman then what's the point of fighting?
This miscarriage of justice is a disgrace.
Please donate to the legal defense fund if you can. There is a paypal option.
The officers that were involved in this case should be brought up on charges of with holding evidence and failure to disclose what they knew to defense team. Also they should loose their commission and rank and demoted and sent to Kansas for a minimum sentence.
I'm going to write to Congressman Peter King. I'll also send it to Hannity. This must get more light. How shocking fof us as a country to treat a brave hero's this way.
Thank you for bringing it to our attention.
Same way Bush got blamed for everything when he was Prez.
There was a rather stange movie a few years back called The Adevntures of Baron Munchhousin (Or something like that.) There was a city under siege and there was a scene where a member of the defending forces was put on trial for extreme heroism in the face of the enemy. It was decided that this soldier being so brave and courageous had shamed his fellow soldiers who were not as brave as he was. This soldier was sentenced to be shot for his heroism.
In the film, it was so bizzare it was comical. It's not so funny anymore.
Again I have to respond to Bob's column and a number of the commentators on this blog. while I agree that this sworn affidavit seems like an exculpatory document this is a document that is seen in a vacuum. A court martial, especially that of a Soldier accused of murder, is not some political gamesmanship played out by the politicians to make some PC point.
The actions of this soldier and this one "expert" are not sufficient to put the entire military justice system to task, nor is it sufficient to excuse the excesses of one individual who is accused of a crime, charges, and found guilty beyond a reasonable doubt.
For those who are uninformed about the military justice system the should know the pains that it takes to get an individual to court marital, the rights afforded to an accused (more than in the civilian system) and the fact that they are tried by members who take their responsibilities to the court martial more seriously than those poor souls who are called out of work for jury duty annually.
There have been hundreds of thousands of soldiers who have served in both Iraq and Afghanistan and the large majority of them do their job without violating either the Law of War or the Uniform Code of Military Justice. These laws are in place not just to protect the combatants but the civilians and non-combatants as well. This Soldier believed he was above the law, and was tried by a court martial. Not a tribunal, or other secretive court, but by a court martial convened by a General officer, a jury composed of all officers (meaning at least Bachelor degrees and more likely than not Masters Degrees), overseen by a judge (a LTC or COL who has at least a decade of military justice experience) and tried by a Trial Counsel and Defense Counsel.
There are few individuals in the world who have more rights afforded to them than a Soldier accused of a crime. So I submit that before those accuse the government of sacrificing one of its own, they should look beyond the bluster of one author and see that the military justice system is by far more fair than an individual would get at a civilian trial. If this is an abuse of discretion than an appellate court (Army Court of Appeals, Court of Appeals for the Armed Forces, or the US Supreme Court) will determine that the judge was wrong to exclude this testimony and rule in favor of this Soldier.
To those who say that killing terrorist is this Soldiers job I say, it is not. It is the job to be a soldier, and soldiers are not murderers. It is their job to preserve and defend the Constitution of the United States of America against all enemies foreign and domestic. And to do that they must follow the laws laid down by Congress and the President in the form of the Uniform Code of Military Justice.
To the author, I challenge you that before your next post that you do talk to those who have or who currently serve in defending the rights of Soldiers.
Government careerists, whether civilian or military, are only interested in one thing: furtherance of their careers!
They're all whores!
"Politics was not the driving factor here."
And if you believe that, you don't have much experience with politics.
And yes, you may believe whatever you want. Whether it's true or not………
its the kinder, more gentile army. me i'm all for peace love and napalm. and bye the bye CL the word …GOLF ALPHA YANKEE is a no no with this outfit.
And you don't have much experience with criminal trials.
All career members of the military are whores? I disagree.
You don't know that for certain.
But thanks for the concession.
Enjoy your evening!
Is there an ineffective assistance of counsel appeal in courts martial? I'm not familiar.
I call for the rules of engagement be amended to include 'kill all terrorist' & 'Win' in appropriate leganese that defy PC interpretation.
Lets say a prayer for Lt. Behenna and his familly.
I don't understand the charge in it he first place, much less what would motivate the prosecutor to ignore this crucial testimony. It seems like we are living in the Bizzaro world described in Superman Comics…Or was that 1984?
He was charged in July 2008. That's the Bush administration. I blame the Democrat congress and their BS restrictions on troops. Yes, Obama was a part of that for a very short time, but he wasn't really involved, as we all know.
This one lands on Bush's CiC watch, but I still blame the Democrat led congress for this kind of abuse of our soldiers.
It seems the charges were filed under Bush, but the trial happened under Obama?
Regardless, it's a travesty. So few soldiers are going to re-enlist when their time is up Obama's going to have to bring back the draft. Our federal government is a complete failure.
It's unpremeditated murder. Otherwise I guess he'd get life? Still, it's an atrocity and an attack on our own countrymen.
I can't even believe the world we're living in right now.
Or just let the military decline. After all, they swear allegiance to the Constitution, not the President.
They are ALL to blame!!! Neither side gives a shit about our soldiers!!! From now on I think it should be 'take no prisoners, no matter the consequences!!! They certainly can't put every soldier in prison!!!
Is there no appeal in the military justice system? I see grounds for one.
To Duke:
I suggest that we should stop turning known Al Qaeda terrorists back onto the battlefield to kill and maim more of our Soldiers. How do you know that this Soldier thought he was above the law? How do you know that this Soldier wasn't trying to get that second report required so this known Al Qaeda terrorist could be held and not returned to the battlefield to kill anymore of lst Lt Behenna's men? Is it now wrong for a Soldier to do what he can to protect his men and himself? How do you know that Lt. Behenna isn't telling the truth?
The world renonwn forensic expert and prosecution's witness states that his examination of the forensic evidence supports the Lt's testimony of self-defense. Are we so caught up in this politicial correct crap that we have lost sight of the value of the human lives of our Soldiers?! Are we so caught up in appeasing the locals that we knowingly return terrorists to their terrorists activities at the expense and detriment of our troops? The only thing this fine Lt is guilty of is trying to keep this known Al Qaeda terrorist from killing anymore of his Soldiers. Lt. Behenna is not a murderer and I have no doubt his actions saved the lives of more of his men.
That's his plan…so that he can enlist the help of his organizations to help with his 'Civilian Army..better than the U.S. military….' wasn't anybody listening to HIM!??????
The time will come, very shorty, when the military has a choice to make…either follow this administration's orders and land in prison or stand with the people of America!!!
According to our President, the Constitution is a living document that should be interpreted to meet the needs of the times. In other words, they swear allegiance to an interpretation of the Constitution by King Barry just as they swore an allegiance to Bush's Patriot Act version of the Constitution.
Back to the topic – whether or not this soldier is in the wrong, the fact that the military prosecutors aren't giving him all the evidence necessary for his defense does not speak well of their sense of honor. Reading a story like this would give me pause if I was asked by my sons if they should serve in the military.
Hey just let these radical islam extremist terrorists into a state side prison, give them internet and koran. Maybe they can start a prison revolution, every criminal pardoned by Holder and they can be the new army Obama wants. Every soldier that swore to protect the constitution will be arrested and reeducated or put to sleep. Good idea right!! All Christians must die also!! SARC
[...] 101st Airborne Officer Serving 20-Year Sentence After Testimony Of Expert Witness Ignored [...]
This is such a terrible miscarriage of justice. How can the military court treat a military officer this way?
Trust our government to screu it's citizens!
Beverly,
In 2008 when this event occurred it was incredibly easy to get an individual removed from the battlefield after capture. What the LT did was took his captive back to the FOB (Forward Operating Base) had him in the back of his vehicle. He and his NCO then checked in, did their normal routine of returning to the FOB and instead of dropping the individual off at the detainee transfer spot instead he and his NCO then took the individual back off the FOB and executed him.
This is not doing what is necessary to ensure the safety of his Soldiers. If the individual was in fact a member of AQI then he would easily have passed the low hurdles required to have the detainee transfered to Camp Cropper.
Having detainee returned to the battlefield was common. It is frustrating to commanders and soldiers but that is the nature of the War in Iraq. It has been going on for 5 years (at the time) and there have been thousands of soldiers who have faced that frustration of having a detainee returned to the battlefield but that is not an excuse for murder.
There are rules that American Soldiers follow and we follow them because we are the best trained, most humane and most effective Army in the world. This LT violated his oath of office and is a disgrace to the thousands of soldiers who have served honorably.
He has pleanty of appeals ahead and if he is not guilt then an appeals court will find it so.
I'm VERY familiar with the UCMJ, having served for 30 (10 Reserve, 20 Active) years in the United States Army.
I can think of better reasons for a Courts Martial other than killing the enemy.
This is absolute intellectual mush: " This Soldier believed he was above the law, and was tried by a court martial."
Really???
I was an Intelligence Analyst for the better part of my Army career, I served in Desert Storm and the initial phase of major combat in Operation Iraqi Freedom.
I grew increasingly frustrated with the PC influence on decision-making, especially at the Defense Intelligence Agency, where I was stationed for two years before I retired. A touchy-feely approach to the enemy has no place on the battlefield.
This whole idea of prosecuting Soldiers for killing the enemy is just plain batshit crazy. What kind of war are we supposed to fight when our own troops are restricted by ROE that benefits the enemy and gets us killed?
I'd love to know what possessed the Intel personnel to free a muslim terrorist thug so he could pick up where he left off; killing U.S. Soldiers. Maybe they can explain that to the next of kin.
We need to stop taking prisoners.
Lt. Behenna shot the wrong @sshole; he should have spent a bullet on the feckless moron who gave the orders to release Mansur.
In 1989, Terry Gilliam of Monty Python fame, released a satirical film remake of The Adventures of Baron Munchausen.
The film opens in a generic war-torn European town in the 18th Century during "The Age of Reason". A city official, "The Right Ordinary Horatio Jackson", (Jonathan Pryce) personifies the concept of "reason" by ordering the execution of a Soldier who had demonstrated amazing courage under fire. The charge: his bravery was demoralizing to other Soldiers.
Fast forward to the 21st Century and we find that actions like those of Lt. Behenna's are demoralizing to the pusillanimous military leadership and White House liberal hierarchy.
This is one of the most despicable acts our military has ever committed. It just goes to show the disdain the current administration has for our brave heroes serving in the military. My Dear Lord, how could we let this happen in our country when the terrorists have all the rights and our soldiers have none?
I'm tired of this Pc crap and the treatment of our HEROES like Lt Behenna. This needs to come to an end and this Hero needs to be set free and returned to killing the murdering Muslim scum that are killing our Brave Legal U.S.c itiizens and our troops.
Thanks for the details. It was some time since I saw that movie.
How can we ask anyone to do what an army does when this is what they have to look forward to when they do what is asked.
I wrote to both my senators asking them to look into this.
I would not join the army of today. Thugs get better representation.
Since when has the word of a known terrorist , been put above and trusted more, than one of our own men in uniform? How whacked is that? A man who volunteered to serve his country- and during a time of war- putting his own life on the line, in order that others have freedom…why is his word deemed untrustworthy?
The 'politics' of this situation are unacceptable. The 'higher ups' may be "ok" with shafting one of our own. We the people see the truth. We the people stand up for Michael.
If the Brady Rule had been violated why would the tribunal deny the motion?
Oh yeah, that subject you admit you know nothing about.
Politics.
Which of course, never finds it's way into any court room.
Are you going to keep running your 10 yard dash in this 9 yard room or are you going to embarrass yourself on any other topics? This has been amusing and I'd like to know what other subjects you don't know anything about.
For entertainment purposes only you understand.
I don't usually ask questions this way, but WTF is this POLITICALLY ABSURD environment doing? Why is one of our heroes serving any jail time? FOR YOU POLITICALLY ABSURD TYPES like our incompetent AG, I ask you, is this what you want? Better still, put yourself in the position our brave young men and women in uniform are in. Now, do you shoot the terrorist bastard dead, or do you do the POLITICALLY ABSURD thing? Shades of Vietnam all over again! How did that work out? Time for the POLITICALLY ABSURD TO GET THEIR HEADS OUT OF THEIR @$$E$! For God sakes already!
I was trying to offer some insight into the process. Since you seem to have a horse you are bound and determined to ride, I'll just let this go. Have a nice ride.
Insight? I think ideological spin is the term you were looking for. And you should let it go. You had nothing to add from the start and can't respond when call out. Frankly, I am surprised you have the good sense to let it go. Next time, exercise that instinct from the start and spare yourself the embarrasment.
Or not.
You are right about one thing. It is a lovely day for a ride. I think I will.
I think from now on, the military (soldiers on the battle field!) should have a code of honor…TAKE NO PRISONERS!!!! No prisoners, no complaints filed against them by some lefty higher up!!!
How and WHY do known terrorists get rights? We are in a freak'in war! Last I checked, these people were the enemy…..and so goes these dirt bags that the government is moving from Guantanamo to NYC…they have no rights under our judicial system! WHAT is happening to our country???? This is just the beginning of the end
The problem was not with defense counsel, it was the prosecution's violation of the Brady Rule. Defense counsel based the motion for mistrial on the violation but the tribunal did not find it sufficiently prejudicial to order a new trial.
You're right, he was charged on Bush's watch, BUT the trial and this miscarriage of justice was on Obama's watch.
The military picked this up as a "politically correct" case, what it got were inexperienced prosecutors willing to do anything to win the case – including failing to turn over exculpatory evidence. We have a young leader who took action without orders – to find the terrorist responsible for the deaths of his men.
Do not let this story die out. Please keep the public aware of this tragedy.
You know this as a fact?
There needs to be a special politician's wing added at Ft. Leavenworth. At the next opportunity they need to be informed that their rooms are ready. They should be the ones sleeping on bare steel, not this patriot.
Minor quibble. There is no such thing as the “Brady act.” Prosecutors are required to provide exculpatory evidence under the US Supreme Court decision in Brady v. Maryland, 373 U.S. 83 (1963). It’s an opinion of the court, not an act of Congress. Reminds of the guy we took to jail one night (I was on a ride along with an officer friend). He kept screaming that we hadn’t given him his “Miranda Act”. True, but we weren’t asking him any questions so he didn’t need to be read his rights under the decision in Miranda v. Arizona, 384 U.S. 436 (1966). Sure wish he would have remained silent. So, call it the “Brady ruling” or “Brady decision,” just please don’t call it the “Brady Act.”
The lesson here is don't fight wars for Israel, don't go to jail.
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Well, he IS a Doctor! I’d say just listen to him, because he is obviously VERY successful as he has been put on national television, and now he has his own show. He gets his information from his job, and I think that his information is very accurate.
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