U.S. soldier accused in Afghan massacre defers plea

Staff Sgt. Robert Bales participates in an exercise at the National Training Center at Fort Irwin, Calif., Aug. 23, 2011, in this Defense Video & Imagery Distribution System picture. / AP Photo/DVIDS

SEATTLE The U.S. soldier accused of carrying out the massacre of 16 Afghan civilians during nighttime raids on two villages last year deferred entering a plea Thursday to charges that could bring the death penalty.

Staff Sgt. Robert Bales appeared in a courtroom at Joint Base Lewis-McChord on Thursday morning for his arraignment on 16 counts of premeditated murder and other charges.

• Family stands by Staff Sgt. Robert Bales as hearing ends in Afghan massacre case
• Children give graphic account of Afghan murders

Defense lawyer John Henry Browne told The Associated Press earlier this week that Bales would plead not guilty, but another attorney, Emma Scanlan, told the judge that Bales would defer entering a plea.

Prosecutors say Bales, a father of two from Lake Tapps, Wash., had been drinking early last March 11 before slipping away from his remote outpost in southern Afghanistan to attack the base. Nine children were among the dead, and some of the bodies were burned -- slayings which drew such outrage that the U.S. temporarily halted combat operations in the country.

Bales was on his fourth deployment and may have been suffering from a traumatic brain injury, his lawyers argue. They have criticized the base at Camp Belambay where Bales was stationed, saying that Special Forces members there gave him banned substances including alcohol, Valium and steroids, and insist that by seeking the death penalty against Bales the Army is ignoring its own responsibility for sending him to war.

Play Video

Robert Bales' wife: He's innocent

Play Video

Army seeks death penalty for Sgt. Robert Bales

The judge, Col. Jeffrey Nance, said Thursday he will order that Bales undergo an official review of his mental health, called a "sanity board," after prosecutors argued that without doing so Bales should be barred from presenting any sort of mental-health defense to the charges.

Such reviews are conducted by neutral doctors tasked with discerning a defendant's mental state at the time of the crime and whether he's competent to stand trial. Bales' mental health has been expected to be a key part of the case.

"An accused simply cannot be allowed to claim a lack of mental responsibility through the introduction of expert testimony from his own doctors, while at the same time leaving the government with no ability to overcome its burden of proof because its doctors have been precluded from conducting any examination of the very matters in dispute," Maj. Robert Stelle wrote in a Jan. 3 motion obtained by The Associated Press.

Bales' attorneys have said he may have suffered from a traumatic brain injury when he was knocked out by an improvised bomb explosion during one of his tours in Iraq. They have thus far refused to let him take part in the sanity board because the Army would not let him have a lawyer present for the examination, would not record the examination and would not appoint a neuropsychologist expert in traumatic brain injuries to the board.

However, in a reply to the government's motion, Scanlan wrote Tuesday that Bales will participate -- as long as only certain information about the results are forwarded to prosecutors. Prosecutors should promptly receive findings about his current competence, but nothing about his mental state at the time of the attack, she wrote.

That information should not be turned over to the government until Bales' defense team actually gives notice of their intent to use a mental-health defense or to have an expert testify, Scanlan said.

"There is no authority for the bizarre proposition that the accused has to submit to a compelled mental health examination before he gives notice of a mental defense," she wrote.

• no previous page
• next

1/2

[jarrellkaren]

I can not understand what every soldier has been through being sent over there numerous times and I wonder why they sent him back if he was diagnosed with PTSD, I blame the military for what happened. The victims even though from a different country were just like us, this should not have happened. My prayers go out to the victims and their families and to the defendant and his Family.

[jarrellkaren]

I can not understand what every soldier has been through being sent over there numerous times and I wonder why they sent him back if he was diagnosed with PTSD, I blame the military for what happened. The victims even though from a different country were just like us, this should not have happened. My prayers go out to the victims and their families and to the defendant and his Family.

[jgg000010]

he should convert to islam and grow a beard.

[ugacrew]

The facts of the case are CLEAR. This soldier served multiple tours in combat.

He not only was a good man when he went in, he was good enough to be sent back time and time again.

When he was sent back, he did well enough to earn medals and recognition for his service.

Combat changes any man. The horrors of war changes what was once a normal frame of reference.

Convict this soldier and you send a message to every combat soldier who is struggling every day with post traumatic syndrome that you don't care what they are going through. Tell their families now that you refuse to give any consideration to the fact that they are human beings with feelings because we are more concerned about our military "image."

Go on and send the message to those soldiers suffering daily that you are not concerned about the record high numbers of suicides because its is all about "image."

In addition to their sufferings from the seperations, tell the wives and children whose hearts have skipped a beat every time the phone rang fearing the worse, that mom or dad won't be coming back! Even worse, forget about the two or three terms that he served with honor as if they never existed, and punish him for the errors he made during his third or fourth or maybe even fifth combat tour by stripping him of his rank and benefits to include their income and medical benefits. Reduce them to poverty and explain to them that the repeated tours of combat experiences took a toll on your mom or dad's mental health and he committed a terrible crime that must be punished so our military can protect its "image."

Don't tell him that there are other soldiers out there too who are suffering and rather than get the help they need or end up like this they will commit suicide.

p.s. I do sincerely sympathize with the innocent victims but the truth is that attrocities are committed during war because war brings out the absolutel worse in every human being. War is ugly and it is painful and many innocents are often lost in battles that have been ruled just. While I want to believe that no war is just, the Scriptures actually say there is a time for all things.

[ugacrew]

I have been "fighting" for this soldier and all others on every blog that appears on the subject. I am happy that some consideration is being given his medical condition.

Please sign me Army Wife.

[res71]

Your voice in the matter is so true. And my being over here now and feeling what I feel everyday, lonely, tired, stressed and over worked I can sympathize with him. Yes, I know he bought pain the Afghan people, but we do not really do enough to ensure that Soldiers ebing sent back countless times really need to be sent. We go thru quick evals on a computer, but many times it's difficult to tell the whole fact of our being because of retribution from our command and of fear to lose our careers in the military

[thprop]

This is about nation building with battle troops who are being used as pawns for/by elite people who do not understand war. The military brass has still not learned the lessons from Vietnam. I challenge a military brass person to get online and defend their front lines.............

[ugacrew]

THPROP,

I must speak out on behalf of what you refer to as the "military brass" too. Trust me, they are fine dedication individuals too who take their jobs very seriously and carry a whole heck of a lot of weight on their soldiers. Let us not punish them because they have excelled and achieved Rank. They earn every medal they are pinned with. Their families pay too for the many sacrifices they make as well as the long seperations.

Some of the blame must be placed on people who refuse to serve. If we had more to serve, soldiers who are serving would not have to have so many repeated tours. When there is a critical mission that has to be done, the brass has to do the very best with what they have.

I for one, strongly believe that every able bodied man should be required to service in exchange for the privilege of living in a democracy.

I don't believe the battles should be borne, for the most part, by a larger percentage of the poor, but it must be said that there are many with considerable financial means who volunteer because they are people of extraordinary character.

[robert1129]

The documents also show that Bales' lawyers requested the appointment of a neuropsychologist to the defense team after a forensic psychiatrist who had already been appointed, Dr. Thomas Grieger, reported that he didn't have the expertise to evaluate Bales for traumatic brain injury. The Army refused, saying the defense hadn't shown that such an appointment was necessary.
-------------------------------------------------
At the time of his last deployment Bales had already served three tours and had been dianosed with PTSD. His commander had assured him that he would not have to go on a fourth tour much to the relief of Bales and his family. Bales was already getting treatment for his problem. When he was advised he was going on a fourth tour, he seriously considered suicide. The ones that should be court martialed are the ones that signed off on his last tour even though his doctor advised them of his condition.

[ugacrew]

Robert,

We probably don't want to know how many times soldiers who actually committed suicide faced the same circumstances but were sent anyway.

I wholeheartedly agree with your assessment too and appreciate you speaking out about it. During my husband's 30 year career, I was often surrounded by some of the finest young men and women who not only represented the best of America, they were.

Imagine a super efficient, top of the line automobile that is operating on a much lower grade of fuel than it has been designed for. Well, today, most people do not realize that having lost so many honorable, highly motivated, smart,goal oriented, energetic and inspirational young people, this country is doing just that.

We need to struggle for peace and bring our soldiers home. All of us need them and this nation would be better as a whole. The best "image" we can present is one of a strong, unified and nation at peace.