U.S. Sniper Cleared Of Murder Charges

Staff Sergeant Found Guilty Of Planting Evidence On Dead Iraqi But Avoids Life Sentence

(CBS)  By CBS News producer Steve Berriman in Baghdad.

Compared to the grandiose architecture usually associated with Western judiciaries, the Sergeant Major Cornell W. Gilmore Courthouse is an unassuming building. Set on a small peninsula jutting out onto a lake rimmed with reeds, you reach its modest frontage via a gently sloping ramp.

There are no suited attorneys laden with case-files and Starbucks coffee to be found here. You will see no frenzied journalists jostling for position on sweeping steps.

Insulated from the whoop and clatter of the city center to its east, the Cornell W. Gilmore Courthouse is anonymity incarnate.

Which is a good thing - for the U.S. military at least.

For when some of its most professional and disciplined soldiers are accused of murder and of planting evidence to justify murder, the need for discretion is paramount.

When one of these soldiers claims in his defense that a 'baiting' program originating from the higher echelons of the U.S. military is integral to these accusations, the less that is said the better.

And when the existence of this program is denied outright from above and then deemed irrelevant by the judge, you better hope this hornets' nest is someplace far away. Someplace like Iraq.

Late Thursday night, in the small courthouse by the lake in Camp Victory, Baghdad, a U.S. army sniper was staring down the barrel of a life sentence.

Staff Sgt. Michael A. Hensley, the head of a sniper section of the 1st Battalion, 501st Infantry Regiment, was accused of three counts of murder, of laying command wire and an AK-47 to 'justify kills' and of disrespecting his superior officers.

Hensley, 27, had headed the 'Painted Demons', a squad so named for its tiger-stripe use of camouflage face-paint, since spring of this year. He had led his 12-man team on numerous operations through the palm groves and marshes of the 'triangle of death' south of Baghdad, an area widely recognized as the most hostile territory in Iraq.

The arguments both for and against the sergeant were as compelling as the charges were serious.

Here was a soldier who had employed alleged operational practices - such as the laying of command wire, AK-47 magazines and C-4 explosives on the ground to lure in potential insurgents - which were sanctioned by superior officers. Such practices, whose existence is not being addressed by the military, clearly became blurred on the battle-field.

He was accused of shooting on April 14 an unarmed Iraqi man and then leaving command wire, sometimes used to detonate roadside bombs, on his body.

The prosecution alleged that on April 27 he told a junior officer, for whom he was acting as spotter, to shoot a man who might have been a member of the Mahdi Army or could have simply been a gardener. The junior officer, then-Spc. Jorge G. Sandoval Jr, was acquitted of murder charges in September. He was found guilty of planting bomb wiring on the body, however, and received a 44-day detention sentence.

On May 11, it was claimed, Hensley "assisted, advised and encouraged" his deputy to shoot in the head an Iraqi, Genei Nesir Khudair Al Janabi, who had stumbled on their position by accident. Al-Janabi had his hands tied and a poncho over his head when he was shot. Hensley then placed an AK-47 on the body to make the shooting appear legitimate.

It could be argued that the evidence for each offered no clear indication as to the staff sergeant's guilt or innocence.

In the April 14 case, for instance, the defense argued Hensley had fired only when the man had bent down, possibly to pick up a weapon.

The prosecution's argument that the dead Iraqi of April 27 was merely cutting grass was countered by the claim that no one locally could name him. "The scene with the cut-grass and sickle was recognized by the soldiers as a cover," said the defense counsel Capt. Daniel Kricza.

The May 11 shooting, which involved Sgt. Evan Vela, who testified in Hensley's trial and who faces murder charges for the shooting himself, was made all the more complex given the vulnerable position sniper squads routinely find themselves in.

Al-Janabi was said to have been making noises that could have given away their position, a serious problem for a small team of soldiers who do not have the means to wage a pitched battle with large numbers of insurgents, and who may be many miles away from support.

Whatever the evidence, there was an important omission to the proceedings.

Amid the thrust and parry of the opposing counsels' arguments, the white elephant of the 'baiting' program sat squarely in the room, its trunk firmly pegged. As the lake outside the courthouse shimmered to black and evening became night, the seven-person military panel was not being told the whole story.

Capt. Kricza had asked the court in a pre-trial hearing if the defense could present unspecified classified materials related to the baiting program.

This followed a sworn statement by former platoon leader Lt. Matthew Didier who said in June that officers from the Pentagon's Asymmetrical Warfare Group had visited the unit in January.

Lt. Didier - now promoted to captain - claimed that later his unit was given boxes containing "drop items" such as fake detonation cord and C-4 explosives to be used to lure in insurgents.

He said: "If someone found the item, picked it up and attempted to leave with the item, we would engage the individual as I saw this as a sign they would use the item against the U.S. forces."

But Capt. Madeline Yanford, who is a lawyer with the military court in Baghdad, said that the judge in Hensley's case had "ruled the classified information was neither relevant or necessary".

Indeed, senior military officials in Washington have yet to talk directly about allegations of baiting.

So the important issue of whether superior officers had encouraged the snipers to use bait to bring in insurgents - or what could easily turn out to be innocent civilians - and the implicit assertion that there was pressure from above to "get more kills", was not discussed.

It was past 10 p.m. by the time the military panel was ready to pass its verdict. The fidgeting and stifled yawns of those gathered in the courthouse were swiftly replaced by a tense silence.

The members re-entered the room for the umpteenth time that day, sat down and waited. The judge asked them if they had reached a conclusion. They said they had.

By the judge's request, Staff Sergeant Hensley stood to hear his fate, ramrod straight and flanked by his two defense attorneys.

The head of the panel was about to issue the decree ... then the technological mastery that has characterized the U.S.'s war in Iraq swiftly deserted this judicial battle-space.

As when General David Petraeus and Ambassador Ryan Crocker's seminal testimony to Congress on the progress of Iraq was sabotaged by a faulty microphone this summer, so was this moment.

The court reporter in the corner motioned to the judge, and then spent five minutes on his hands and knees wrestling with wires and tapping mikes.

Hensley, who had already spent 135 days imprisoned in Kuwait waiting for this moment, was asked to sit down.

The reporter then resumed his seat, consulted his laptop and nodded to the judge.

Again, Hensley stood to face his future. Life behind bars? Dishonorable discharge? Demotion? Acquittal?

The court held its breath. Somewhere past the lake, a chopper thumped into the blackness over Camp Victory. The panel-head begun again: "On the charges of…"

And the court reporter again motioned to the judge, who rolled his eyes, stopped the verdict and asked once more for Hensley to sit down.

The court exhaled as one and would have been forgiven for thinking this was actually a scene from a bad movie.

Finally, after more tapping of recalcitrant hardware, the verdict was read out: Not guilty on the charges of murder. Guilty on one count of placing an AK-47 on the body of a shot Iraqi and on two counts of disrespecting a superior commissioned officer.

The relief from the defense was palpable. Hensley hugged his brother, Jonathan, who had traveled a great distance to offer support. Capt. Kricza laid his head on the desk and may have shed a tear.

Outside the courtroom, by the lake, stood Al-Janabi's son, and his brother Fadil.

Yesterday, they returned to the courtroom to find that Hensley had been sentenced to time-served, demoted from staff sergeant to sergeant and given a general letter of reprimand.

Before sentence was passed, Hensley told the courtroom: "To place an AK-47 on a body was a bad decision. What I did was wrong and by doing so I have tarnished the name of the section. I deserve whatever the court deems necessary."

Some would say the court deemed 'not very much'. Either way, this case and the upcoming case of Sgt. Evan Vela have done little to answer important questions about a classified program that clearly goes to the top, but whose consequences are being felt, by Iraqis and U.S. soldiers alike, only at the bottom.

[b-easy63]

US forces are only responsible for 2 or 3 thousand. None of them intentionally.
Posted by runningralph at 05:23 PM : Nov 10, 2007

yes after dropping hundreds of thousands of pounds of bombs on Iraq in our war of choice---we actually are surprised that any killed anyone. LOL We killed at least 30K, reported less than half of that when we finally decided to start counting civilian deaths in 2005, and our war of choice opened the door for all the horrors that followed.

Sectarian, by our hand or not--our actions opened the door and created the grounds and vacuum that led to this--all blood in Iraq is on American hands.

[b-easy63]

Yessssss. All Americans are guilt-free from any wrong doing in any part of Iraq. We never invaded. We never imprisoned. We never tortured. We never raped. We never bombed. We were never there.

[speakinup]

Nancy_Naive - what the matter - couldn''t you find a word that is attributed to the white man slaying innocent indians ?

What part of "U.S. Sniper Cleared Of Murder Charges" don''t you understand ? Were you there ? Or, do you just know better because you are a liberal ?

[speakinup]

"I have nothing to say about this it has already been said what a joke this administration is the Republicans will face a blood bath in 2008 and I hope it carries through for about 100 years. They need to go away they have the blood of the inocent on their hands. Posted by antoniof123

In other words - antoniof123 was convinced the sniper was guilty - in spite of not being there, nor being at the trial to hear all of the facts.

Then he immediately switches gears in his run-on sentence, implying the blame is that of the Republicans.

I have to wonder if you are a Hilary supporter, antoniof123. She seems to collect the idiots around her.

[alphaa10-2009]

ramos937 said, "... the sniper... had to follow the "rules of engagement".
---
And what "rules" are these? When you must shoot anyone who bends down to examine an object on the ground? What Hensley planted was a strange object designed to attract the attention of anybody-- child or teen as well. Do you shoot kids, too, if they happen to be the first to pick up the object?

------------------------

"But, the major obstacle to winning the "hearts and minds" of the Iraq people is the way we have to operate in Iraq..."
---
Somehow, you missed the notable exception to American occupation tactics in the successful "hearts and minds" effort in Anbar province-- a hotbed of insurgent acivity. The American commander of the occupation there succeeded in accomplishing exactly what you say is impossible--
http://www.latimes.com/news/nationworld/world/la-fg-
trash26oct26,1,6866692.story?coll=la-headlines-world

Contrast the hopeful LA Times story with the one below, written by an American citizen posing as a local--
http://www.truthdig.com/dig/item/20060627_occupation_
iraq_hearts_minds/

[jowand]

''''shooting an unarmed Iraqi man and then leaving command wire, sometimes used to detonate roadside bombs, on his body''''

''''shoot in the head an Iraqi, Genei Nesir Khudair Al Janabi, who had stumbled on their position by accident. Al-Janabi had his hands tied and a poncho over his head when he was shot. Hensley then placed an AK-47 on the body to make the shooting appear legitimate''''

So much for rebuilding Iraq.
And killing innocents seems to be more acceptable than torture.

We invaded Iraq due to lies from Mr. Bu$h. How many more of these atrocities must we bear?

Posted by BareEmperor at 11:52 AM : Nov 11, 2007


He was found no guilty TWERP, let it drop and quit the propoganda for 08.

[antoniof123]

I have nothing to say about this it has already been said what a joke this administration is the Republicans will face a blood bath in 2008 and I hope it carries through for about 100 years. They need to go away they have the blood of the inocent on their hands.

You know where you can rot.

[middleman8]

Typical us military lies.

Is it any wonder the whole world hates the US?

[bareemperor]

''shooting an unarmed Iraqi man and then leaving command wire, sometimes used to detonate roadside bombs, on his body''

''shoot in the head an Iraqi, Genei Nesir Khudair Al Janabi, who had stumbled on their position by accident. Al-Janabi had his hands tied and a poncho over his head when he was shot. Hensley then placed an AK-47 on the body to make the shooting appear legitimate''

So much for rebuilding Iraq.
And killing innocents seems to be more acceptable than torture.

We invaded Iraq due to lies from Mr. Bu$h. How many more of these atrocities must we bear?

[missingamerica]

The only country that can defeat the US military is the US themselves. We did it in Vietnam, and *** it, we''re determined to do it again in Iraq. It makes me sick.

Posted by MichaelT302 at 02:22 AM : Nov 11, 2007

Both cases are failures by the political leadership, not the military.

This war is a prime example of the damage that can be caused by politicians who are so afflicted with delusions of grandeur that they believe it is their right to mold the world to fit their delusion.

If reality threatens to intrude on their delusions they respond by first bending and then breaking the law.

Unfortunately, it is the service men and women who must pay for the socio- and psychopathic sicknesses of their political leaders.

So it has always been, so it is, and so it will always be.

[ramos937]

First, I do not blame the sniper. He basically had to follow the "rules of engagement". But, the major obstacle to winning the "hearts and minds" of the Iraq people is the way we have to operate in Iraq. We have to operate this way since there is no way to tell the "good" Iraq from the "bad" Iraq. The problem is that each time we do things like this, and they are many, AQI gains more recruits.

[michaelt302]

We don''t even need to worry about being defeated by the enemy in Iraq. Heck, we''re doing a great job here defeating ourselves. Just keep it up, US military prosecutors and your sponsors. Just keep doing what you''re doing, and soon morale will be so low in the ranks you''ll not only suck all the life out of our troops fighting for us, but you''ll stop all recruitment efforts cold. The only country that can defeat the US military is the US themselves. We did it in Vietnam, and *** it, we''re determined to do it again in Iraq. It makes me sick.

[alphaa10-2009]

Even if what Hensley planted on Al-Janabi''s body was merely "unusual", it signals the rest of the world that Hensley believed he had something to hide.

Clearly, this is a miscarriage of justice. Hensley never would have escaped his crime outside Iraq, under any circumstances.

[joeybuck2]

This story is a blurry glimpse of what is happening on the ground in Iraq. Despite the compartmentalization in the chain of command, a lot of our troops know what''s going on, and when these stories come to light, it will make the US involvement in Iraq look much worse than it already does.

[cdfoxtrot]

Another bull_shit investigation and typical bull_shit outcome. What''s being done in our name in Iraq is shameful and totally dishonors the true heroics of past US soldiers.

[rudy654-2009]

Posted by TermTex01 at 05:27 PM

I wonder if you remember Jeff Gannon?

[kissamaarse]

This is no democracy I know. This, is not democracy. So carven those cowards who throw away democracy to defend Bush and his bastardized politics.

[vampire1288]

as usual the officers are not punished for giving the orders. but the enlisted persons will be punished for obeying the orders... look who went to prision for the stuff that happened in the military prison.. sent that poor young girl to prision for holding a leash on a iraqi and the other enlisted persons still in military prison.. and those places are really tough, they sure are not the club fed prisons

[gkc99]

Strange how the Bushit administration, which got so much milage attacking John Kerry for bringing up the many war crimes committed in Vietnam by US troops, which were covered up by the Pentagon, is arranging for its own series of war crimes.

So who''s going to Slime Boat Bushit? Surely not the Texass real estate billionaire behind the Slime Boat Vets?

[feelfree1]

runningralph,

If you can present anything in support of your idiotic, craven, and false claims, you are free to do so.

I stand by my figures, which are supported by the 2 best available estimates.

The Bush regime and their collaborators are responsible for every single excess violent death that has come as a result of their illegal and lie-based war of aggression.

Every single one.