September 24, 2009
Prosecuting Terrorist Slayers? UPDATE [Darleen Click]

To update Jeff G’s post on Army Ranger 1st Lieutenant Michael Behenna’s (and his family’s) nightmare of his being sentenced to 25 years for shooting an Al Qaeda operative and after prosecutors withheld exculpatory evidence — Michael Behenna’s uncle has commented here and it deserves to have its own post.

I’m Michael’s uncle of which Donald spoke of. I’m personally involved here so I’ll do my best to keep my emotions to a minimum. In all likelyhood I won’t be successful so I’m asking for precursor forgiveness! I was at the trial. Excuse the pontificating as well!

Many good points here! Some though are very ignorant to the facts and nuances that happened at the trial. One of the posts that extracted a diatribe from Hannity’s board was written by my sister on that board. She points out very well the nuance of SGT Werner and his plea testimony! Now some would say his testimony is a fact from the trial, while anyone with a lick of horse sense would know that the SGT was also charged with murder and signed a plea written by the head prosecutor herself! The SGT even testified and confirmed this FACT under cross. He also claimed he never read the statement and signed it for the reduced charges and sentence. He pointed at the head prosecutor and said she wrote it! This statement was in direct conflict with his previous statements from the Article 32 which would have eliminated him as a witness altogether! The statement was written to match exactly the prosecutions claim this was an execution stye shooting and nothing else. It put the SGT in a eye witness account of the shooting of which was physically impossible to accomplish based on everyone else’s testimony and diminishing light conditions of that fateful day! Even the grossly contrived statement contained serious contradictions! The SGT was supposedly 30 meters from the culvert and urinating with complete darkness on the verge. He heard the first shot, buckled up, ran 30 meters, and then saw the second and last shot all within 1-2 seconds! The Dallas Cowboys are hiring! When asked if that is what happened, he said if that’s what it says in the signed statement (written by the prosecutor and never read by the SGT), I guess it did. That gave the prosecution an eye witness who was also US Army. The other so called eye witness was an Iraqi citizen who was acting as an interpretor. This is just one of many intentional and unethical, IMO, acts from this prosecution. Another SGT claimed under oath that he had a “get out of jail free card” and could refuse to answer or say anything he wanted. His Commanding LTC was a complete disgrace on the stand! He was well aware of all circumstances concerning the AQ, Michael, and the members of Michael’s unit that were killed by this scum and his cell! Yet, he sent Michael and his unit out to release him.

One other item…. If anyone uses “Professional Soldier” as a description of our Hero’s fighting for our American Way, know that this is a term used with great favor and quite often by those who are writing, prosecuting, then judging the current evil ROE that are putting our Hero’s in jeopardy daily! It is a new term and means nothing and despised by our hero’s from past wars I’ve spoke with!

Ask yourself some questions:

* Should Marcus Lutrell have shot the Goat Herders and the 14 year old boy or was it better that 19 of our finest Navy Seals die in war and to be considered heroes in death while the enemy they were in battle with livs on to kill more of our Hero’s?

* What does Marcus Lutrell say?

* If he chose to shoot those goat herders and boy, then destroyed the 150+ Taliban unit would he and his men have been charged with Murder when they returned home?

* Why did Michael take the extraordinary step of interrogating this AQ one more time? Why the charge of premeditated murder (Execution style)? If that was the case, why would he bring witnesses to an execution especially one who was a local? If he was in fact performing an interrogation, which is a fact from the trial, what were his motivations? Were they of grave and dire circumstance outside the wire and congruent to his mission and safety in regards to his men?

* Why did the prosecutors withhold this critical evidence they had for days despite being asked for it 3 different times by the defense?

* Why did they send an email about it to the defense so that it would be received just after the sentence had already been reached; again…. despite having it for days before this?

* Duty, Honor? Ask the 1Lt.’s men if he was acting in accordance to his Command and stringent Army standards. The answer would be a deafening….. HOORAH!!!

* Ask them would they serve under him again? Again; HOORAH!

* Ask them if the 1LT was the best officer they ever served under? HOOOOORAH!

* If the 1LT was a beat cop and an unarmed known murderer reached for his gun in an alley way while being questioned, would the policemen be justified in shooting him? Would he be tried for premed? Would he serve 20? Would the prosecutors get away with withholding this kind of evidence? (Ref. Sen. Ted Stevens for your answer!)What would the ultimate result be? Are soldiers at war not given more consideration than this?

* Would the 1LT be a concern on the streets of the good ole USA? Would any of the citizens here fear him as a murderer?

* Who sat on the Member Panel and what was their battle background?

Better yet, talk to the families of SGT Kohlhaus and the others in Michael’s command who died from the IED set by this AQ and his cell who resumed room temp.!

Actions unbecoming of an officer? Not following the code of Duty and Honor? Anyone making that claim in this case is a totally misinformed ignoramus, IMO of course! GOD help us if the JAGS had to lead us in battle!!!

Folks, there is much more to be revealed here but it’s for another time……. In due time, in due time!

In the mean time remember what our Brave Hero’s from Viet Nam have said about this very condition we find ourselves in now….. “Either come home in a box carried by 6, or come home and be tried by 12!”

For all you blowhards who spat your military experience on here contrary to this HERO’s plight, here’s a group of 5,000 strong of our nation’s finest and of all ranks and experience who will inform you how full of %$^& you are. They’ve seen it before, they never want to see it again, and they won’t be nice!

http://www.screamingeagle326.com/index2.htm

15 Comments  :::   Post a comment »

  1. Comment by donald on 9/24 @ 7:12 pm #

    Thanks Darleen!

  2. Comment by Papa Ray on 9/24 @ 7:32 pm #

    But wanted to get this out there.

    http://tinyurl.com/ycye2q8

    Hope someone posts on it.

    Papa Ray

  3. Comment by Joe on 9/24 @ 7:55 pm #

    I think I found that post from the Hannity’s site from Michael Benehana’s family member(although I did not specifically know it was one of his family members at the time). It took me all of two minutes to do so (actually going back it took me about 15 minutes to do so, but I posted inbetween), and I was suprised such a story was not reported widely in the press and the conservative blogosphere (where many of us occasionally surf).

    It seems so kangaroo court to convict an officer with an outstanding service record to 25 years, where the evidence for murder was at best inconclusive. Why wouldn’t Lt. Benehanna get the benefit of doubt? I would have assumed an acquital or even a dismissal on the evidence alone. Add to it the prosecution hiding exculpatory evidence and this whole thing just stinks.

  4. Comment by Bob Reed on 9/24 @ 8:40 pm #

    Thanks for the update Darleen, I didn’t see this in the other thread. I’ll remember to pray for justice for Lt. Benehana, and to write my representatives on his behalf.

  5. Comment by Jeff Y. on 9/24 @ 10:53 pm #

    This is insane.

  6. Comment by Rick Behenna on 9/24 @ 10:56 pm #

    Some media sources and nformation that has been circulated over the past 6 months…..
    The defendmichael.com website has a letter written to the Sec. of the Army Geren with 26 signatories stating the injustice step by step. They are a list of who’s who in legal circles and of all political leanings! There is also a youtube of representitive Falin questioning the Pentagon’s rep. about the case that clearly indicates the Pentagon is well aware of the case! Lots of other info and web links on the site like the prosecutions own experts email (Dr. McDonnell)to the prosecution stating how he felt the now known withheld evidence should be known to the defense in the name of justice! They supressed it for days until it was too late to use it, then they forward it to the defense! The good Dr. is the world wide Ferrari of Crime reconstruction as well! (Dr. King, Robert Kennedy, OJ, and many others)
    Many small ground fires have been set which are now beginning to join together. If you feel moved, please sign the petition and spread the word!
    Many thanks to Donald for bringing Mike’s story to this site!!!

  7. Comment by Rick Behenna on 9/24 @ 11:00 pm #

    Yes Joe, it stinks to high heaven!
    Once Mike is free, I suspect the smell will be dealt with in good order.
    Thanks!

  8. Comment by Rick Behenna on 9/24 @ 11:00 pm #

    Thanks Bob for your efforts!

  9. Comment by Joe on 9/24 @ 11:10 pm #

    Rick Benhenna: No, thank Michael for his loyal service. Thank Jeff G. for posting this here first.

  10. Comment by Merovign on 9/25 @ 1:02 am #

    They promised to do this, and you know they meant it.

    Am I sickened but not surprised, or sickened because I’m not surprised?

  11. Comment by donald on 9/25 @ 5:09 am #

    Rick is a very enthusiastic person, hence the exclamation points! Bout damned time you got here big boy.

    McGeehee, Rick’s a neighbor.

  12. Comment by LTC John on 9/25 @ 6:34 am #

    Does anyone know the appellate status/schedule for this yet? I won’t be back to JFHQ for another week to look in at the SJA and look at their CMR updates.

  13. Comment by rrpjr on 9/25 @ 9:14 am #

    Somewhat off-topic, but I’m curious if the Rules of Engagement have been or are being revised under Obama. It would fit the general leftist pattern of creating conditions prohibitive of success.

  14. Pingback by Rules of Enragement » Cold Fury on 9/25 @ 9:52 am #

    [...] Goldstein & Co.) Leave a [...]

  15. Comment by Rick Behenna on 9/25 @ 10:03 am #

    rrpjr….
    The ROE is constantly being updated and not just under the current administration. The past admin. was very much involved in the same behavior! ROE = Recipe for faiure!
    Why are they constantly being updated?
    Who updates them?
    What is their combat experience?
    Who are they trying to please with the updates?
    Who’s backside are they trying to cover?
    Why does the military have sooooo many JAGS involved with war fighting issues?
    How was WWII fought without all these JAG’s?

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