Rape-Slay Case Defense: War Stress

GIs Describe Constant Fear Of Death In Period Before Death Of Iraqi Teen

(AP)  A U.S. Army private Tuesday described the ever-present fear of death gripping his unit, whose members stand accused of raping and murdering a 14-year-old girl and killing her family in Iraq's infamous "triangle of death."

"You're just walking a death walk," Pfc. Justin Cross told a hearing to determine whether five fellow soldiers must stand trial in the March 12 attack near Mahmoudiya.

Spc. James P. Barker, Sgt. Paul E. Cortez, Pfc. Jesse V. Spielman and Pfc. Bryan L. Howard are accused of raping and murdering the girl and killing her parents and 5-year-old sister. Another soldier, Sgt. Anthony W. Yribe, is accused of failing to report the attack but is not alleged to have participated.

Testimony during the Article 32 hearing, the military equivalent of a grand jury, has painted a picture of a demoralized unit, drained emotionally after the deaths of comrades and exhausted after the frequent attacks in the mostly Sunni Arab area, a stronghold of al Qaeda in Iraq and other religious extremists.

"It drives you nuts. You feel like every step you might get blown up," Cross told the hearing on Tuesday. "You just hit a point where you're like, 'If I die today, I die.”"

Cross said the unit was "full of despair," and he feared dying at his post before he could go home.

"I couldn't sleep mainly for fear we would be attacked," Cross said. He said the deaths of two soldiers at a checkpoint "pretty much crushed the platoon."

To cope with the stress, soldiers turned to whiskey — a violation of U.S. regulations in Iraq — and painkillers to ease their fears — never knowing whether the day would be their last.

Much of the testimony has centered on former soldier Steven Green, who was discharged due to an undisclosed personality disorder.

Green was arrested in June shortly after the command learned that U.S. soldiers may have been involved in the attack. He has pleaded not guilty to rape and murder charges and is being held in the United States.

On Tuesday, Sgt. 1st Class Jeffrey Fenlason, the accused soldiers' platoon sergeant, said he was sent to the unit to restore discipline after several soldiers, including Green, began suffering emotionally after losing several comrades. "I recall a conversation with him (Green) regarding his lack of concern or caring for Iraqi life versus American soldiers' life," he said.

Another witness, Sgt. Daniel Carrick, told the hearing that harsh conditions affected everyone but especially Green.

"Green had hatred for a lot of people in general," Carrick said.

But it was the testimony of Cross that was the most riveting. His comments starkly contrasted with the image of a professional military force, highly trained and committed to the mission regardless of the dangers.

Premeditated murder carries the death penalty under U.S. military law and the testimony could be an attempt to convince the command to seek a lesser penalty if a court martial is ordered.

In Washington, lawyer Eugene Fidell, president of the National Institute of Military Justice, said combat stress as a defense was a long shot "unless it rose to the level of an insanity defense or negated some element of the crime."

"It might influence whether it's sent to trial as a capital case," he told The Associated Press. "That may be what the defense considers the main event here ... They may be hoping to have the nature of the charges modified, have the case go to trial as something other than premeditated murder."

The Mahmoudiya area, about 20 miles south of Baghdad, gained the nickname "triangle of death" because of the large number of Iraqi Shiites who were waylaid and murdered along the roads between Baghdad and Shiite areas of the south.

Some of the Sunni clans in the Mahmoudiya area are related to those in the insurgent strongholds of Anbar province, which includes Ramadi and Fallujah.

On Monday, Army criminal investigator Benjamin Bierce testified about a sworn statement by Barker in which he told of drinking whiskey before the assault. Bierce said Barker confessed that he, Cortez and Green took turns raping Abeer Qassim al-Janabi and that Green shot the girl as well as her relatives.

On Tuesday, Pfc. Justin Watt said that he didn't believe Green "could have done this all by himself." His comments were made during questioning by Yribe's lawyers.

Lawyers for the other four submitted a written request for a new hearing, accusing Yribe's counsel of deliberately asking incriminating questions. A decision is pending.

Sgt. Anthony Hernandez, a soldier in the same unit, testified Tuesday on behalf of Yribe, recalling that he was recommended for a Silver Star for bravery during an attack on a convoy.

Hernandez said Yribe always put his life on the line.

The rape and murders have bolstered allegations of misconduct by soldiers including illegal killings, beatings and inhuman treatment. The allegations have increased the mistrust and resentment among Iraqis of the American military and increased calls for their withdrawal.

The case has already increased demands for changes in an agreement that exempts U.S. soldiers from prosecution in Iraqi courts. Prime Minister Nouri al-Maliki has demanded an independent investigation into the Mahmoudiya allegations.

[oneof5k]

People please wake up! In todays world, there is no such thing as a Gentleman's War, not any more! The only chance we have fighting in this reign is we must at least fight at their level or worst than what they do. I'm not agreeing with what Mr. Green did, but our kindness and concerns on the battlefield isn't working, it didn't work in Vietnam either. I certianly do not agree raping a 14 yr. But let me ask ou this, how many of you REALLY fought in a real battle? Been pinned dn in a fire fight. Looking over and seeing the fear in your buddy eyes just before he takes a round to his face killing his on the spot. Or, retrieve the tortured and be-headed body of yet another fellow soldier. They don't just kill you quickly, they torture you to death... The worst part is these people (Islamic fighter and their followers, probably being the 14 yr old girl and her family) do not fear death. They are programmed to kill as many non-beleiver (that would be you and your family) before they die in the name of Allah. The only way to get to them is the same way Saddam did...sadly that would be the same direction that Mr. Green and his crew took. My point, unless you really have been there, don't be to quick in wanting to hang Mr. Green for his failure to follow the code of conduct. This is not like any other war we have fought in the past. The Code goes out the window. At least for me, I fight to win and I will do what ever I need to do to preserve the way of life we all enjoy her in the states

[Coolcal5420032001]

We(United States) should have learn from Vietnam that there is no end nor justice in this war, only bad can come of war especially when we were lied too. Now we got not only brave women and men in harms way we got our country in it to! The Brush Administration says" support our troops and that we are un-Americans if we don't", well now is the time to live by there words! Let me know anyone who can stand the pressure of under fire, not condoning any wrong doings but Iraq was clear of any terrorisms active so why are our American troops there under fire?! So to let these troops stand in the fire alone while they(Bush/Cheny Administration)hide behind the United States American flag would be a crime in itself because they push very hard to go to Iraq! So who should be on trail?

[carla45]

sorry, first sentence should read:

If you want to show your anger that is fine, but you should show it to those who are in command of these men and women. it is there job to weed out weakness and they are not doing there job.

[carla45]

If you want to show your anger that is fine but should it those who are in command of these men and women. it is there job to weed out weakness and they are not doing there job. I was and will always be a soldier and know and I know what it if feels like to be pushed to the breaking point. but I had commanders and first sargents who paid attention to everything that went on it the company. they new every troops name and where they came from. these boys did not just walk off the street and land in iraq and go nuts there are signs people are just not paying attention until it is to late. I bet no one has asked, why was this soldier removed before anyone knew about what happened. Because of where these guys our, the lies that are being told to them everyday there be more bad things that will happen. some people can only take so much until they snap. We sent them there and some were weak other weaker and bad things are going to happen again. Its time to bring these men and women home. If the people of iraq want freedom, then let them do there own fighting.

[autummin]

Stress, no matter what kind, is NO excuse for raping a child, let alone killing her family, period. I am appalled by the fact that they are deciding if the people involved "should" be tried. Where's the question in this? Of course they should be tried! The situation does not change the crime.

[shaedreams]

I feel these men who participated in the rape & murders should be turned over to the Iraqi's and let them deal with them. Had this happened in the US by a foreigner, the US would punish by death for certain. I am outraged by this incident and the many others that go unreported or are not brought to the attention of the media. God will deal with these boys himself if justice is not served.

[mrsdawny]

Combat Stress is real. And the US does not treat it's soldiers as well as it should.

Even though it is against regulations, there needs to be better control over our servicemen and women using drugs and alcohol. The stress of their situation, the constant fear of death and the use of drugs is a horribly dangerous combination, as we've learned.

We, as a country, need to take better emotional care of our troops. At any cost.

[mrsdawny]

Combat Stress is real. And the US does not treat it's soldiers as well as it should.

Even though it is against regulations, there needs to be better control over our servicemen and women using drugs and alcohol. The stress of their situation, the constant fear of death and the use of drugs is a horribly dangerous combination, as we've learned.

We, as a country, need to take better emotional care of our troops. At any cost.

[mrsdawny]

Combat Stress is real. And the US does not treat it's soldiers as well as it should.

Even though it is against regulations, there needs to be better control over our servicemen and women using drugs and alcohol. The stress of their situation, the constant fear of death and the use of drugs is a horribly dangerous combination, as we've learned.

We, as a country, need to take better emotional care of our troops. At any cost.

[mrsdawny]

Combat Stress is real. And the US does not treat it's soldiers as well as it should.

Even though it is against regulations, there needs to be better control over our servicemen and women using drugs and alcohol. The stress of their situation, the constant fear of death and the use of drugs is a horribly dangerous combination, as we've learned.

We, as a country, need to take better emotional care of our troops. At any cost.

[mrsdawny]

Combat Stress is real. And the US does not treat it's soldiers as well as it should.

Even though it is against regulations, there needs to be better control over our servicemen and women using drugs and alcohol. The stress of their situation, the constant fear of death and the use of drugs is a horribly dangerous combination, as we've learned.

We, as a country, need to take better emotional care of our troops. At any cost.

[alphaa10-2009]

Combat stress is real and manifests in different ways, but the expression is particular to the individual. Some cave in emotionally, some go quiet and coldly angry, and some simply stop registering certain events. Combat stress is higher in this war than any other in memory, and vastly underreported. Post-discharge treatment is woefully inadequate at VA hospitals, pinched by funding cuts (ironically) to pay for the Iraq war.

In Vietnam, cases like the Iraqi rape-murder were much more common than reported. But there was no effective mechanism to make sure crimes against civilians were not buried with them. As a direct result, My Lai was a huge wake-up call to Americans. Perhaps the fact the Iraq incident is thoroughly investigated says some positive things about our military and a much better sense of ethics.

But there is another context shaping this case, which explains why the military is more determined to follow through and render justice. In Iraq, an element of propaganda attaches to any conduct by US troops, and no matter how trivial the offense might seem, misconduct really hurts. For the hundreds of thousands of good deeds done by American troops, only one crime like this can compromise much of the whole effort to win the hearts and minds of civilians.

[ltcolc]

The defense of "war stress" is an insult to each and every one of the US Servicemen who have somehow managed to serve in Iraq without finding it necessary to rape and murder a 14 year old and her family.