2 GI's Face Execution For Iraq Rape-Murder

(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.

[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.

[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]

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

[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.

[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.

[mjv2944]

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

[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.

[lost_seraph]

May judgement be passed.

[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

[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.