Army Officer Kills Al-Qaeda Operative, Imprisoned After Prosecutors Ignore Own Expert Witness
by Bob McCartyBy Bob McCarty and Carrie Fatigante
An e-mail Dr. Herbert Leon MacDonell sent to Capts. Meghan Poirier, Jason Elbert and Erwin Roberts — Army prosecutors all — just after 4 o’clock in the afternoon Feb. 27, 2009, should have warranted their attention for several reasons, but they opted to treat the information it contained in exactly the same manner as they had treated it when delivered in person a day earlier.
Largely as a result of the prosecutors’ decisions, Army Ranger 1st Lt. Michael Behenna is now serving a 20-year sentence at Fort Leavenworth after being convicted by a seven-member court-martial panel of unpremeditated murder in the shooting death of Ali Mansur, a known Al-Qaeda operative.
Why should the prosecutors have paid attention to what Dr. MacDonell had to share with them?
For starters, they should have paid attention, because Dr. MacDonell is the expert witness in blood stain forensics they had flown to Fort Campbell, Ky. to testify in the case. Now serving as director of the Laboratory for Forensic Science in Corning, N.Y., Dr. MacDonell’s expert forensics career spans five decades and includes such high-profile and complex cases as the assassinations of President John F. Kennedy, Sen. Robert F. Kennedy, Martin Luther King Jr., and the case against O.J. Simpson. In other words, he’s no slouch when it comes to investigations.
For reasons inexplicable, prosecutors opted not to call upon Dr. MacDonell to testify in the case; therefore, he was never able to share with the court something new he had learned about the case — something vital that prosecutors had not shared with him.
Thanks, however, to the fact that he sent that single e-mail, Lieutenant Behenna’s parents, Scott and Vicki Behenna, now hold on to an ever-so-slim hope that they can bring an end to the family nightmare involving their son, now 26.
Read the unedited text of Dr. MacDonell’s e-mail message below and judge for yourself whether you think Lieutenant Behenna deserves, at a minimum, a new trial or, more appropriately, a full presidential pardon:
Friday, February 27, 2009
4:07 p.m.
Dear Captain Poirier:
I came home to an incredible pile-up of work but I shall try to send an invoice to you within a few days. On that issue I should advice you that I may have exceeded what was appropriate because of staying two nights rather then one. My estimate for my total cost was based on one night there but I shall still try to keep the total within your budget even if I have to reduce the number of hours I spent here in preparation for my testimony.
On another issue I am somewhat concerned that I did not testify and have a chance to inform the court of the only logical explanation for this shooting. As I demonstrated to you and to the two other prosecutors, Dr. Berg, Sgt. McCaulley, and Sgt. Rogers?, from the evidence I feel that Ali Mansur had to have been shot in the chest when he was standing. As he dropped straight down he was shot again at the very instant that his head passed in front of the muzzle. Admittedly, this would be an amazing coincidence, however, it fits the facts and as I told you on Wednesday, it fits the facts and I can not think of a more logical explanation.
This scenario is consistent with the two shots being close together, consistent with their horizontal trajectory, consistent with the bloodstains on the floor, and consistent with the condition of the 9mm flattened out bullet which was tumbling after leaving Mansur’s head or body. I do not know where this bullet was recovered but I would expect after impact to the concrete wall it fell very close to that wall. The other bullet should have been close to the first and there should have been two impact points on the wall.
On Thursday afternoon when I heard Lt. Michael Behenna testify as to the circumstances of how the shots were fired I could not believe how close it was to the scenario I had described to you on Wednesday. I am sure that had I testified that I would have wanted to give my reenactment so the jury could have had the option of considering how well the defendant’s story fit the physical facts. This, of course, would not have been helpful to the prosecution case. However, I feel that it is quite important as possible exculpatory evidence so I hope that, in the interest of justice, you informed Mr. Zimmerman of my findings. It certainly appears like Brady material to me.
It was a pleasure meeting you and your team and I learned one thing; the military life is not for me. You guys are getting up about the time we go to bed.
Respectfully Submitted,
Dr. Herbert Leon MacDonell, Director
LABORATORY OF FORENSIC SCIENCE
A clemency hearing for Lieutenant Behenna is set to take place Jan. 7 in Arlington, Va.
Cross-posted at BobMcCarty.com.
* * *
To read other BMW posts about Lieutenant Behenna’s case, click here.
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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Dr. MacDonell's testimony is an example of what a real "Inconvenient Truth" looks like.
If I'm the president I pardon the guy, have a beer summit and give him a medal. But alas, our president is a muslim.
The American Heritage Dictionary defines Treason as….
1. a violation of allegiance toward one's country or sovereign, especially the betrayal of one's country by waging war against it or by consciously and purposely acting to aid its enemies.
And
2. A betrayal of trust or confidence.
Obama and his Czars are guilty of both and should have to stand trial.
"First we kill all the attorneys" Julius Caesar….. In an address to the Roman Senate…. What was truth then is truth even now….
This is sickening, the terrorists are supposed to be afraid of us. Our military is supposed to slaughter them how ever they see fit. The fact that there is even a legal process and people trying to sort out how a cockroach got squashed turns my stomach… even more than the current commie regime.
This is about military leadership in this country being taken over by political correctness.We see it happening with the Ft.Hood massacre.We see it happening with the Rules of Engagement in the war with Afganistan which are the worst ROE'S in the history of American warfare.Because of these rules American troops have already died needlessly and many more are to follow.
American military leadership is being corrupted by Barak Obama and his appeasement attitude towards this countries enemies.Lt.Behenna is a victim of these unhealthy security measures and he's another victim of Barak Obama.I hope the truth wins out in January and that Lt.Behenna gets the treatment that an American hero deserves.
And a racists!
1st Lt. Michael Behenna is just one of the many sacrificial lambs being railroaded to appease the radicals. What other way can I describe it? Evidence from an expert witness is being ignored so yet another American can being railroaded on shaky evidence.
I have to ask…Will the military also follow Obama's orders for a military takeover of the United States of America?????
its a sad day when soldiers are used to placate some radical l;eftist group. Funny how until 2009 our men and women in uniform were heroes and now they are criminals this country is in deep trouble.
If, as a Deputy Sheriff I had kept evidence such as this from the Court or Defense Attorney I would have been in jail. These prosucutors need to come clean or they should face a Court Martial.
RCKMOM wrote:
“I have to ask…Will the military also follow Obama’s orders for a military takeover of the United States of America?????”
–
Not if these patriots have anything to say about it: http://www.oathkeepers.org
What do we do with this problem though??????
http://www.youtube.com/watch_popup?v=tCAffMSWSzY#...
http://patriotupdate.com/stories/read/2139/PHOTO-...
Proof now!
This "appease the terrorists" administration has shot itself in both feet so many times, soon they will have to point the weapon further up after the military will tell them to go to hell. How much more can our men and women handle and still consider this userper their CIC? Not much I'm afraid and this will come to an ugly confrontation in the near future.
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Same here, hell I have had a case thrown out because the photocopy of an affidavit given to the defense did not show a signature because the printer was low on toner.
Somebody was after the Lt. for one reason or another.
I know my son won't…that is all I can say..
I am getting more and more fed up with the garbage that this government is showing down our throats. This crap better stop.
I have had the same thing told to me by friends I have serving in all three branches. They can see where this administration is headed and know which side is right and which is wrong.
I said it before, this young man is being betrayed by his own country's administration. His nothing more than a sacrificial lamb being punished for doing what every soldier is taught to do when at war, kill the enemy. His imprisonment speaks volumes about a warped administration that is so concerned about showing the world how politically correct they are that they are willing to sacrifice the very people who fight to defend them….This is an absolute disgrace!!
i hope to god that these men and women in the service , an all voluntary force, remember that their allegiance is to the people of the united states and not the government of the truly disturbed people we have running it.
it has always been thought that the american armed forces would always be loyal to the traditional america that preserves individual rights and not the despots in power. this makes the case that the present authoritarian regime in power expects that the soldier will follow orders without question and use them to accomplish their goal of government over the individual. i can only hope that the military leadership in this country will stop giving into the politically correct idea and give more support to the real ideals of america, although i doubt it. it will be left to the individual soldier to make the call and pay the price for it. let us hope that sanity will return when honor returns..PRAY FOR HIM AND OTHERS LIKE HIM!
[...] Big Government » Blog Archive » Army Officer Kills Al-Qaeda … [...]
tipacal Prosacutors wanting to make a name for themselves railroad an innocent man
Obama and his ilk are a clear and present danger to most of us who have kept America strong and independent and to America as we know it. They must be removed before the destruction is irreversible.
WAKE UP AMERICA!
These Liberals and Democrats are really COMMUNIST/SOCIALISTS who love prosecuting our brave Military because (a) they hate them because they have the SPINE to fight on behalf of America (b) Military is predominately Christian/Jewish and White Males and HETROSEXUAL and (c) they hate what the Military stands for (i.e. America).
If you don't believe this just look up the RULES OF ENGAGEMENT that Obama has put our Military under in Afghanistan and Iraq. No WAR could ever be fought, or won, under these "hands tied behind your back"…rules.
There are far too many career POLITICAL PARTISAN "Officers" in the Military and not enough HEROS.
Just look at our COmmanders in WWI and WWII. Even Dwight Eisenhower had (at most) FOUR colored bands on his uniform. Now, these Generals have 40-100 colored bands…for what?
I would take Patton over ANY of these "Generals" who believe that War is like an XBOX 360 game…and it is not!
ENOUGH AMERICA WAKE UP AND VOTE THESE SERIAL COWARDS/TRAITORS OUT OF OFFICE before America is diminished into "spineless sell outs" like Pelosi, Reid, Rangel, Dodd, etc.
As a vet, I am sure glad I don't have to do what our military do today. It's like our own government has squads of lawyers trolling the ranks, just looking for something to hang these guys for. It's not easy doing your job when you have to spend all you time looking over your shoulder. They have more enemy's here in the US than the war zone. Now, how did that happen. Oh, Wait, I know, a new administration and a spineless Congress.
Well when the top in the Military just bend over and take it up the ass from Obama and send their own troops out to die in Afghanistan knowing the rules of engagement suck and they do not have enough troops it is over. I would advise anyone who is thinking of joining the military to just forget it. And those that can get out do it. Let the Brass at the top go fight the battles.
Lt. Behenna, the three SEALS, LTC West, and many other members of our Force are being treated this way because the PC leadership in DOD fails in the leadership that a new E-2 would understand. If the Kenyan and his ilk think that they are going to use the Military to implement Martial law or any other control of the citizenry in this country, this sort of mis-treatment will cause those in uniform to question their orders. Contrary to popular opinion, those in uniform are NOT mind-numbed automatons who obey orders blindly. Wait and see. There is a reason that Oath Keepers and like organizations are springing up.
WHAT ARE YOU TALKING ABOUT??? ARE YOU FED UP WITH OBAMA TRYING TO PASS A GOVERNMENT RUN HEALTH CARE?? OR DO YOU SUPPORT OUR PRESIDENT?? IF U DO SUPPORT OUR PRESIDENT THEN YOU NEED GOD IN YOUR LIFE FOR HE IS GOING TO BRING THE USA DOWN.
amen brother i think our president and his zaers should be tried for treason against the UNITED STATES OF AMERICA
What we need is a new Joseph McCarthy to purge our Government and Military of all the commies and PC pussies.
I do not know the circumstances behind the shooting..
However, AFTER the Ft. Hood Shooting and the white wash of that situation by the MSM, Military High Command and the White House.
I can believe anything of this administration.
It appears… that the GOOD LT… told the truth, and the PC concerned prosecutors were more interested in railroading a Airborne Ranger..(they were probably JAG officers… that could not qualify for Infantry School let alone do Ranger and Airborne Training.)
They should be dismissed from the service, and not allowed to practice law in the United States.
The only good Terrorist is a dead terrorist..
And not witnesses to be found.
I agree with the sentiment, the quote,however, comes from King Henry VI, Part II.
Good idea.
Look up the "Oathkeepers."
The military being concerned with this type of thing explains why they can not win in Afghanistan. PC, politics, and prosecutions are more important than winning.
I am a retired Vietnam vet. I have decided to one again arm myself and my wife. My flag flies upside down as a show of my fear for the country I love so. I would ask that each and every vet out there do the same. Just hoping someone will take a notice. I am not saying it is time for us to pick up arms and go to Washington, but stand up and be counted!!
A LEGAL JIHAD IS BEING WAGED AGAINST OUR MILITARY BY BARACK HUSSIEN OBAMA, ERIC HOLDER AND THE RADICAL LEFT. THEY ARE USING THE LEGAL SYSTEM TO GIVE AID AND COMFORT TO OUR ENEMIES.
THIS IS AN ACT OF TREASON AGAINST THE AMERICAN PEOPLE.
TREASON IS GROUNDS FOR IMPEACHMENT.
JAG REMF puke c—s—-rs are punching their tickets by hanging American scalps from their lodge poles. They are not soldiers. Behenna is a soldier. I was a soldier. The leftist lawyer types are a symptom, not the disease.
actually the oath is to the Constitution, not the people or the government. It is to an ideal.
Oh dear God! Save us from this evil administration.
PRAY FOR VICTORY. OBAMA WILL BE GOING TO TRIAL TO PROVE THAT HE IS ELIGIBLE TO BE PRESIDENT OF THE USA ON JANUARY 26TH, 2010. IF OBAMA FAILS TO APPEAR OR PRODUCE EVIDENCE, HE WILL BE HELD IN CONTEMPT OF COURT. ALL MOTIONS TO DISMISS HAVE BEEN DENIED!!!
PRAISE GOD.
FIND OUT MORE HERE http://news.ronatvan.com/2009/10/15/obama-will-go...
Great News!!!! Barack Hussien Obama is on the Docket in California for Jan. 26th, 2010. The issue is his eligibility to be President of the United States.
Unlike all of the other cases that have preceded this one, all motions to dismiss the case have been denied! This could be the one we have been waiting for. Find out more here http://www.gunslot.com/pictures/huge-news-federal...
For some reason, people blame this on Obama. Plenty of soldiers and Marines were sent to prison under Bush as well. What this is really a symptom of is an overly politicized officer corps and JAG/CID/NCIS personel who, too cowardly to actually fight against an actual enemy, would rather send their peers to prison. Not everyone who wears the uniform of this nation is a patriot. I wish the LT luck. And I hope people remember the names of the prosecutors if they ever get into politics.
From another Vietnam Vet: NO ONE who's not intimately involved in warfare–on the battlefield–has the least business establishing "rules of engagement"…period. I remember that aircraft flying along the Vietnam-Cambodian border were prohibited from firing INTO Cambodia, EVEN IF THEY WERE RECEIVING FIRE from that side of the border. In other words, DON'T SHOOT BACK! That's idiotic and stupid and precisely what happens when you put militarily-ignorant people in charge OF the military.
I also am a viet vet, and the people in charge not only should be ASHAMED they should be investigated for treason. Those that took the oath of office to protect our great nation and don't should be imprisoned for life if not pay the ultimate price for their treason!
why was this brave soldier charged in July 2008. Let's hope he can appeal this and clear his name.
ANOTHER EXAMPLE OF THE POLITICALLY ABSURD TYPES RUNNING OUR ONCE GREAT NATION! VOTE THESE CLOWNS OUT OF OFFICE IN 2010! 2012! DemocRATS or republicans it doesn't matter. If your elected representative isn't looking into this, THEN IT'S TIME FOR THEM TO GO! HOW STUPID HAVE OUR ELECTED REPRESENTATIVES BECOME?
Overheard while finishing up bootcamp: "Alright, here's your pack, ammo, and noose… don't lose that, we'll need that later to string you up for doing what we told you to do to save face.
My husband, MSG John E. Hatley is also in the same prison as 1LT Behenna. My husband was sent to prison, 6 months shy of serving almost 20 years for the US Army, for allegedly being part of a killing of 4 "insurgents" in Baghdad, Iraq for OIF 06-08. 2 other soldiers were also sentenced to prison. Please, fellow Americans and Patriots, visit my husband's website: http://www.defendjohnhatley.com
Our story was recently on CNN for a total of 2 weeks in November on Anderson Cooper 360 and also a 1-hour documentary by CNN Investigative Unit.
Please, anyone who reads my comment, please do what you can to help free: 1LT Michael Behenna, my husband MSG John E. Hatley, SFC Joseph P. Mayo and SGT Michael Leahy Jr….and yes, there are a few others incarcerated at Fort Leavenworth, military prison in Kansas…………for alleged "war-crimes". These are good, upstanding service members who deserve to be exhonerated and returned to their families.
THIS IS PART II TO THE COMMENT ABOVE!!!!!!!!!!!!!!!!
~It breaks my heart to know that some Americans have no idea what is happening with our service members in Iraq and Afghanistan these days. ROE is flawed………….as also the "detainee catch & release policy", which continues to put our service members downrange, in danger. Please help us. Please help the wives too, for they also have websites: http://www.defendjosephmayo.com and also http://www.supportsgtleahy.com Please, could you consider spending a bit of time visiting our website? ~I am also a proud Army Veteran. I am also, a proud mom to a son serving in the Marines who is currently in Afghanistan and I am also a proud wife to MSG John E. Hatley, who gave almost 20 years of his life for the US Army and is highly decorated and has an exemplary military track record. Please help. Please. Any questions, please contact me: kimcheepink@yahoo.com and please visit my website. ~Mrs. Kim Hatley
All of the mentioned Courts Martials are during George W Bush , I am not a Obama Man, but we need to all understand, the Military Command are all Politicians, and will do any thing to appease the Political Class. There is not a lot of difference between "Republican" and "Democrat" these days.
America will only change when we wake up and clean house in Washington. The Political Class are spending the future into high tax rates and super inflation.
AIRBORNE
JIm:
Carter (former Marine) did the unthinkable for a Marine.. He retreated and dismissed this case..
It is currently at appeal:
Seems he suddenly got a law clerk that had worked on with a Law firm regarding Obama or with someone connected to Obama.
Not sure what will be the nex step… check out the Natural Born Citizen website… seems there is a back door way to MAYBE get some of that information OBAMA has hidden.
Airborne all the Way
They need support for 1LT Michael Behenna's clemency hearing. Please write to the Secretary of the Army at the Pentagon, and e-mail President Obama to ask for a pardon for 1LT Behenna. Jailing the good guys, during a time of war does nothing but give aid and comfort to our enemies. If you need an e-mail address for the President, go to http://www.whitehouse.gov. Go to "contact us," and fill out the form to leave your message. Please keep it respectful, even though you are frustrated, because we need his help to free Michael. The Pentagon address for SEC Army is:
Secretary of the Army – John McHugh
1400 Defense Pentagon
Washington, D.C. 20301-1400
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