Army finds capital murder charges warranted in Iraq shooting

Team Infidel

Team Infidel

Forum Spin Doctor
Media: The Associated Press
Byline: By ALICIA A. CALDWELL
Date: 02 September 2006


PHOENIX_An Army investigator has recommended that four soldiers accused of
murder in an Iraqi raid face the death penalty.

Lt. Col. James P. Daniel Jr. made the recommendation in report obtained
Saturday by The Associated Press.

Daniel found several aggravating factors that warrant a sentence of death in
the case of four soldiers accused of killing three men during a May raid in
Iraq.

Staff Sgt. Raymond L. Girouard, Spc. William B. Hunsaker, Pfc. Corey R.
Clagett, and Spc. Juston R. Graber, all of the Fort Campbell, Ky.-based 3rd
Battalion, 187th Infantry Regiment, 101st Airborne Division, were accused in
the deaths.

The soldiers have claimed they were ordered to "kill all military age males"
during a raid on an island on a canal in the northern Salahuddin province.
According to statements from some of the soldiers, they were told the target
was an al-Qaida training camp and that every military-age male should be
killed.

Hunsaker told investigators that he and Clagett were attacked by the three
men and shot them in self-defense. Clagett said he was hit in the face and
Hunsaker claimed he was stabbed during the attack.

"I had felt this action necessary for they had tried to use deadly force on
me and my comrade," Hunsaker wrote in a statement about the shooting.

Prosecutors, however, argued that the soldiers conspired to kill the men and
then altered the scene to fit their story. They contend Girouard stabbed
Hunsaker as part of the killing plot.

Clagett, Girouard and Hunsaker also are accused of threatening to kill
another soldier who was a witness to the killings.

Girouard, the most senior soldier charged, faces several additional charges
including sexual harassment and carrying a personal weapon on duty.

In the 10-page report dated Thursday, Daniel also recommends that Graber not
face charges of conspiracy to commit murder.

"I believe Spc. Graber...did not enter an agreement but followed an order
whether he agreed or not," Daniel wrote in his recommendation. "There is a
difference between obedience and agreement."

Paul Bergrin, Clagett's civilian attorney, said he was surprised that Daniel
recommended the case be taken to trial at all.

"I'm extremely disappointed and disheartened," Bergrin said Saturday. "They
are being used as pawns in the War on Terror. They followed the rules of
engagement. They were confronted with violence by a known al-Qaida training
camp member."

Other lawyers in the case, several of whom are deployed to Iraq, did not
immediately respond to e-mail requests for comment.

The case will now be forwarded to Army officials who will decide if Daniel's
recommendation should be followed. The U.S. military has not executed a
soldier since the 1960 hanging of a soldier convicted rape and attempted
murder.

The soldiers are expected to be tried at the Fort Campbell military base.
They have been jailed in Kuwait since their arrests earlier this year.
 
I personally dislike this :cen:. This should be handled completely in private, ie not in the friggin press unless ALL the facts are going to be aired. It is impossible to know the facts in the case but this doesnt stop the leeches from printing crap to sell copy. Bastards, the whole lot of this "profession" labeled "journalists", may they all burn in hell.
 
bulldogg said:
I personally dislike this :cen:. This should be handled completely in private, ie not in the friggin press unless ALL the facts are going to be aired. It is impossible to know the facts in the case but this doesnt stop the leeches from printing crap to sell copy. Bastards, the whole lot of this "profession" labeled "journalists", may they all burn in hell.
Click to expand...

I agree totally. It shouldn't become public until the verdict has been reached.

It's like the Kovco inquiry here. The media jumps on the negatives, and writes up a 3 line page 15 report on the positives.

It's a very murky case indeed though.
 
Court cases that are reported before the verdict is read have been going on for decades, especially the ones that are of high interest to people. If you don't like it, then you're on the losing side since because for whatever reason, state governments have been allowing more and more access to reporters in the courtrooms, including photography.

I don't completely agree with it, but it probably has to do with the freedom of press and how the government has to make concessions to appease news organizations. I figure if you're rerporting on Moussaui before he had a verdict, and guessing about what his verdict was going to be, then how can a military court be fully protected, it's not possible. The laws that deal with courts probably apply to all of them and unless something of relating to national security that had to be kept secret was going on in a trial, then the court has little authority to call for prior restraint. It's just how it is.
 
I think we need to remember that these soldiers have not even been tried yet. I wonder how the AP "obtained" the report. The version I found says the following.
Army recommends death in Iraq slayings By ALICIA A. CALDWELL, Associated Press WriterSun Sep 3, 2:23 AM ET


An Army investigator has recommended that four soldiers accused of murder in a raid in Iraq should face the death penalty if convicted, according to a report obtained Saturday by The Associated Press.
Lt. Col. James P. Daniel Jr. concluded that the slayings were premeditated and warranted the death sentence based on evidence he heard at an August hearing. The case will now be forwarded to Army officials, who will decide whether Daniel's recommendation should be followed.
The soldiers, all from the Fort Campbell, Ky.-based 101st Airborne Division's 187th Infantry Regiment, are accused of killing three Iraqi men taken from a house May 9 on a marshy island outside Samarra, about 60 miles north of Baghdad.
Staff Sgt. Raymond L. Girouard, Spc. William B. Hunsaker, Pfc. Corey R. Clagett and Spc. Juston R. Graber have claimed they were ordered to "kill all military age males" during the raid on the island. According to statements from some of the soldiers, they were told the target was an al-Qaida training camp.
Hunsaker told investigators that he and Clagett were attacked by the three men, who were being handcuffed, and shot them in self-defense. Clagett said he was hit in the face, and Hunsaker claimed he was stabbed during the attack.
Prosecutors argue the soldiers conspired to kill the men and then altered the scene to fit their story. They contend Girouard stabbed Hunsaker as part of the killing plot.
Clagett, Girouard and Hunsaker also are accused of threatening to kill another soldier who witnessed the slayings. Girouard, the most senior soldier charged, faces several additional charges, including sexual harassment and carrying a personal weapon on duty.
Paul Bergrin, Clagett's civilian attorney, said he was surprised that Daniel recommended the case be taken to trial at all.
"I'm extremely disappointed and disheartened," Bergrin said Saturday. "They are being used as pawns in the war on terror. They followed the rules of engagement. They were confronted with violence by a known al-Qaida training camp member."
Other lawyers in the case, several of whom are deployed to Iraq, did not immediately respond to e-mail requests for comment.
The soldiers are expected to be tried at Fort Campbell. They have been jailed in Kuwait since their arrests this year.
The U.S. military has not executed a soldier since the 1960 hanging of a soldier convicted rape and attempted murder.
___
Associated Press writer Alicia A. Caldwell, the El Paso, Texas, correspondent, reported this story from Glendale, Ariz
Click to expand...
http://news.yahoo.com/s/ap/20060903/ap_on_re_us/iraq_soldiers_charged

It's always infuriating to see a trial take place in the media rather than the courtroom. When this happens, it's never a case of freedom of the press, it's an abuse of freedom of the press in my opinion. It's not the intent of the constitution to allow the press to infringe on anyone's right to a fair trial. These folks already have these soldiers tried, convicted, and hanged without a trial of any kind. It's a disgrace.
 
Court cases that are reported before the verdict is read have been going on for decades, especially the ones that are of high interest to people. If you don't like it, then you're on the losing side since because for whatever reason, state governments have been allowing more and more access to reporters in the courtrooms, including photography.
Click to expand...

I don't know about any other country, but military law is totally separate to the civilian world in Australia... no cameras in the court room, no journalists at court martials etc. The way it should be.
 
Not if you have a high profile case, then the media will try to get any information they can. Especially if there's little information going around and i don't think they can but help speculate.
 
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