2 GI's Face Execution For Iraq Rape-Murder

Total Of 11 U.S. Troops Face Courts-Martial In Wrongful Iraqi Death Cases

(CBS/AP)  Eight soldiers from the U.S. Army's 101st division will be court-martialed for murdering Iraqi civilians, including two who face the death penalty for allegedly raping an Iraqi girl and killing her and her family, the military ordered Wednesday.

Military authorities said they would seek the death penalty against Sgt. Paul E. Cortez and Pfc. Jesse V. Spielman in connection with the March rape and murder of 14-year-old Abeer Qassim al-Janabi in her family's home in Mahmoudiya, about 20 miles south of Baghdad. The four others face a separate court martial for the alleged murder of three men near Samarra, 60 miles north of the Iraqi capital.

The rape-slaying case sparked international outrage and led to a claim by an al Qaeda-linked group that it had killed three other 101st soldiers in retaliation. It also threatened to strain relations between the United States and Iraq's new government if Iraqis perceived soldiers receive lenient treatment.

The case also increased demands for changes in an agreement that exempts U.S. soldiers from prosecution in Iraqi courts.

Spielman's attorneys expressed shock that their client faces a death penalty, citing evidence discussed during a hearing in August that indicated he was not in the house when the rape and murders occurred.

"Even according to the government's evidence that they're putting forth, Jesse isn't even a principal in murder and rape," said Craig Carlson, Spielman's attorney. "It surprises me that they're treating him like they're treating Green."

Spc. James P. Barker and Pfc. Bryan L. Howard are also accused in the rape and murders but will not face the death penalty, the military said in a statement.

Former Pvt. Steven Green, who was discharged for a personality disorder and arrested in North Carolina, will be tried in federal court in Kentucky. In affidavits, Green was described as a central figure to the rape and murders.

Green has pleaded not guilty to one count of rape and four counts of murder.

Military prosecutors have said the five — all from the division's 502nd Infantry Regiment — planned the attack from a checkpoint near the family's home, changed their clothing to hide their identities and set the girl's body on fire to destroy evidence.

Mahmoudiya is part of the so-called "triangle of death" a region known for numerous attacks by insurgents, and the soldiers' unit suffered months of bombings and shootings that felled dozens of comrades.

Defense attorneys have argued that soldiers of every rank were emotionally ragged and strained.

In the other case, Pfc. Corey R. Clagett, Spc. William B. Hunsaker, Staff Sgt. Raymond L. Girouard and Spc. Juston R. Graber are accused of murdering three Iraqi men taken from a house May 9 on a marshy island outside Samarra, about 60 miles north of Baghdad.

Meanwhile, three Camp Pendleton Marines will face courts-martial on murder and kidnapping charges in the death of an Iraqi man in the town of Hamdania, but will not face the death penalty, the Marine Corps said Wednesday.

The three were among seven Marines and one Navy corpsman charged with kidnapping and killing 52-year-old Hashim Ibrahim Awad last April.

Lance Cpl. Tyler Jackson, Lance Cpl. Robert B. Pennington and Cpl. Trent D. Thomas will also face charges including conspiracy, housebreaking and larceny.

On. Oct. 6, Petty Officer 3rd Class Melson J. Bacos, a Navy corpsman on patrol with the Marines, pleaded guilty to kidnapping and conspiracy under a deal with prosecutors. He agreed to testify at his court-martial and during upcoming proceedings about what he witnessed.

Since the start of the Iraq war in 2003, at least 14 members of the U.S. military have been convicted in connection with the deaths of Iraqis. Two received sentences of up to life in prison, while most others were given little or no jail time.

[blondmadison]

This proves our government, our leader, our troops are no better than the worst out there. They proved it and they proved it over and over again. These are not the only soldiers who committed heinous murders in Iraq or Afghanistan.

Viet Nam was the same. Our troops did horrific murderous acts in that war, so many, governmental officials covered for them so no scandal. ASk Gerald Ford. He was one of the people recommending a cover up to be able to move on.

People in glass houses should not throw rocks. Love thine enemy as thine own brother. Love thine enemy for he knows not what he does. Americans need to take anti-psychotic meds, stay home and shut up. Permanently.

this is what happens when you push the human condition to its outermost limits. The same thing happened in Vietnam. Ordinarily moral and just individuals were pushed so far that they did horrible things. I hope our troops come home quick.

[cathaleen]

I agree with amerigirl - this is what happens when you take good kids raised to believe it is wrong to hurt anyone and then are thrown in with these animals - they snap. It's not their fault. They are not prepared to go into this culture of violence. We do not live this way.
The same thing happened in Nam. The melai massacre.

[broken_heart-2009]

I'm glad, these men deserve the death penalty for harming an innocent! The reason we are fighting in the Iraq war is to stop the criminals from striking, making the world a better place, NOT letting pedifiles get the upperhand by harming innocents.

The last thing we want to happen is fear and uncertainty... wait, some, Americans already feel the fear and uncertainty about the war!

What we Americans need to do to is beef up security and stop the pedifiles from harming future Iraqi citizens.

[tejasdemo]

Cath and ameri...I agree completely. Look what the Republicans have done to so many people. All the lives they have destroyed.

Some individuals who make comments here should really learn a bit about making an argument. The troops snapped? How do you know? They were 'good' kids? How do you know? The army is responsible for training soldiers. If they can't train them correctly, they have no business being in the military business. In the four years we've been in this awful war, has any 'terrorist' fighting in Iraq been accused of rape? If so, give me the news source. The only meagre possibility that we do have some moral standards is that some of these soldiers will be tried and possibly face the death penalty. If Americans learned just some basics about how to judge reality, perhaps we wouldn't have gotten into this mess. It is amazing how brainwashed people can be that they don't consider that our government is continually lying. And why shouldn't they lie? After all, it isn't against the law, unless one is under oath.

[siddin-2009]

I still think lying while occupying ANY office, whether public, civil, or private should be against the law.

[CBSTV]

The United States is indeed a culture of death.

[CBSTV]

The United States is indeed a culture of death.

[one_american]

For all those who question why we are fighting in Iraq:

http://www.noterror.info

Get educated. Now.

For everyone else, please pass the word.

Have you ever read a book called The Things They Carried by Tim O'Brien tlon777? It is a book that lets you know the phenomenon of 'snapping' is real. There comes a point in time where you've been in a negative environment for so long, that it changes your perception of the world. Why do you think soilder's have to be 'de-militarized' before they are allowed to return to civilian population? why don't you read that book and see if it changes you're opinion at all.

One_American

I do not question your allegiance to this country or the 'war on terror' but have you read the factual evidence that suggests since our 'war on terror' terror around the world has tripled. Of course it'll never be ok until it is all gone, but have you considered that our war is making it worse?

[heretic4-2009]

Funny how we forget that in this country we are innocent until proven guilty...If they are proven to be guilty fine let them pay...But to condemn them before all of the fact are out...I hope those of you that have this type of mentality never get into a situation...Just like you I would shout off with your head.....

Well, HereTiC4

it doesn't help that they told people and basically confessed. C'mon. In any other situation I completely agree with you. but you go bragging and you deserve to be caught. I'm no criminal but I'm smart enough to know you don't go telling other people about your escapades and then expect pity when you're caught.

[rhonda1229-2009]

For all who think we should not be in Iraq: Would you rather wait and let the terrorist come to the US before we do anything to stop it. Do you think we don't need to fight these horrible people to retain our freedom. Who in your family do you want to be bombed before you will want us to fight terriorist?

[heretic4-2009]

If they were bragging does that make them guilty...Hmmm didn't Carr bragg about Jon Bennet...

Like I stated earlier, if guilty they should pay but I will not condemn before a trial happens.

[sexykitty048]

I do not believe that "snapping" is a good enough excuse in this situation. True our soldiers are put under a lot of stress, they see and do things they might not normally do, etc. on the battle field. Where in the battle field would they see a rape?? or see anything that will drive them to rape and kill an innocent girl?? There is absolutly no excuse, just like we don't want rape and murder in our country, we should stand againts rape and murder somewhere else.

If you brag about something you didn't do just for the hell of it, at the very least you're mentally insane. why would someone in their right mind brag about raping and killing a 14 year-old girl and her family? Same with Jon Benet. Mental insanity. These gentlemen believed that no one cared about a house-burning and family killing in Iraq. Too bad for them they're are people who haven't yet lost their heart and souls over there and are willing to admit they were told something heinous. I still agree with you though :) You should be innocent until proven guilty. That is why they are going to court.

[heretic4-2009]

Never said they were smart....However, from a vets point of view (somalia, 1st gulf) soldiers can say some pretty dumb things...Why ...to fit in..to prove they are tough..a slew of reasons..

Obviously something really bad happened there. I am confident the guilty parties will come to light and the innocents vindicated.

So for now innocent until proven guilty.

[brengen]

I think it's so terrible, rape a fourteen year old girl, then set the body on fire to hide the evidence BUT then they go and brag about it?? Yeah, not a smart move and probably the only reason someone will pay for this crime otherwise it may have been swept under the rug. I am so proud of many of our soldiers but the one's who do bad are really something to be ashamed of!

[frankly6]

Rhonda1229

You apear to be completely immune to reality or any kind of factual information.

There were no terrorist in Iraq and no weapons of mass destruction before we invaded it. The terrorist that are there now are a ectremely minority who have been recruited because they resent us invading a Muslim country. We are dealing with a homegrown insurgency. These are Iraqis that know we don't belong there and want us out. In addition we are right in the middle of a civil war. Who's side should we take? Or do you think we should stand in the middle and get shot at? We have bungled any chance of winning this thing. The only real options for us now is finding the least destructive path out.

amerigirl28 wrote:

"You should be innocent until proven guilty. That is why they are going to court."

I agree. If only this "basic" protection was offered to everyone - Bush has seen to it that people can be excluded - and this includes Americans.

[cofmanaaron]

"soldiers' unit suffered months of bombings and shootings that felled dozens of comrades."
This war, started from a lie that has moved into utter incompetance and self-dstruction. Or should I say America-destructing. If we let this war go on in Iraq, we won't have a military capable of winning the war on Terror, let alone many iraq veterans who come out unfazed by the useless bloodshed. Al-queda wants us there! And what exactly are we going to be able to do about North Korea or Iran without a draft! Let's save our military men from futility and the trauma of perpetual and unvictorius war in Iraq. We need to help Afghans and keep poised about those other unfriendly countries.

[laurieleemoo]

if these soldiers were involved----I don't care how little involvment they had or how much involvement they had-----all I know is that whoever had ANYTHING to do with something like this really does deserve the death penalty (even if they were not in the room---even if they were only standing watch while the others did this). Though---who knows who was involved and who was not, without seeing the evidence. We only know what we hear in the media. I guess it will be for the jury to decide when they see the evidence. However, I do not feel this should reflect on our military as a whole as the 99.9% would NEVER do something like that.

[laurieleemoo]

also--we should keep in mind that some of those soldiers could have been threatened with their lives if they did not go along---or reported it.
That kind of stuff does happen, I'm sure -----but still----if someone threatened my life unless i went along with them----well i would have to say--'Fine, you will have to kill me then". I would rather die than ever be forced into doing something so heinous.

[cofmanaaron]

I actually agree with you on a lot more than you might think laurieleemoo, the military men and women today in service are almost entirely composed of very commendable people. A guy that I know who's in service overseas comes to mind, a pretty cool and awesome guy. I should clear up from my previous post that mostly I'm afraid for the veterans coming out of this war, much like Vietnam and in fairness, WWII, how they'll be traumatized by this war. That certainly excuse the criminals here and in Abu Graib, but the quote I took just struck me to be not so surprising

[lost_seraph]

May judgement be passed.

[hamid461]

you native americans are stupid, you think sadaam is so ignorant to let you find evidence of anything?? it is well known he buried everything during the first war and then murdered the ones who did the work.you THINK there are no terroist in IRAQ before or even now???? they have always been there and you were dared to come and try and get them......guess what finally an american that can fill his pants up does it and you second guess him!!!! what fools you are. Im glad he invaded and i hope he nukes the region that way what family is left will be gone without knowing it and not strugglinbg to breathe on a stretcher after some terrorist blew them up. they have always hated you and always will nothing you can do . i hated you until i got here and said man what a great society and within a month decided the country i was born is needs to go along with several others. also i found jesus and now know how we arabs have been decieved for 2000 years wake up america only bush is awake as we speak.

[mjv2944]

Terrible crime, but I want to see those responsible for the death and beheadings brought to justice before any USA troops are executed.

[cbailey27]

I don't think it is right for anyone to get away with any kind of crimes. But I also think that justice should be done to the ones that are kidnapping and beheading on video of our troops. It is not fair that they get away with this. There is nothing "civilized" about a war. But you cannot fight be "civilized" against people that are not civilized. The ones that doing the beheading do not care about anyone or anything. Someway JUSTICE needs to be done to them. My dad was in Korean War, one brother in Vietnam, other brother in Army, Brother n law in Desert Storm and now a nephew in Iraq. I am proud of all our troops. But do not punish them when others get away with worse.

[astress]

I'm a soldier in the National Guard. Everyone involved needs to be shot. This is a war time event and falles under rules of war. If they can kill (or stand by and watch) a small child die, they need to die. We dont need people in the services who dont have any ethics.

[mmmlalala]

Thank you. You and soliders like you are what make our nation great.

[pjburgundy]

This is an attrocity. However, we have to remember that in circumstances where people are uprooted from their homes and taken to a foreign land where pushed to inhumane extremes, forced to kill, live in fear, and watch those around them die, attrocities become more commonplace. Would these soldiers imagine committing these heinous crimes in another circumstance? In other words, these attrocities are part and parcel of war.

Perhaps the true criminals are those who propogate war and not those who are driven to fight it.

[mmmlalala]

I stand by our troop 100%; these people shouldn't have been in it to start with. I truly belive we went in with the just one intention - to give iraqi's a better life than what they had under a tyrant. Our execution may not have been perfect, and I will never understand why some iraqi are trying to stop us from rebuilding their city. Regardless of what drove these soliders to leave their station and commit these crimes, these criminal must be held accountable; this family should not pay for anyone else's mistake. If the leaders are wrong or have other intentions, they will be judged by history. I just hope justice will be done for iraqi; they have suffered enough. I do not believe any of us would commit these kinds of actions; it takes a monster to rape, murder, and set fire .... drunk? i don't think so.