Court Agrees To Hear Michael Behenna's Appeal

News 9 (Oklahoma) ^ | 1/13/2012 | Chris McKinnon,

[NECAWA]

The family of an Edmond soldier convicted of murdering an Iraqi while fighting overseas received good news Friday morning. The highest military appeals court decided to hear Lieutenant Michael Behenna's case.

He is serving his 15-year sentence in the Fort Leavenworth, Kansas, prison. This appeal could overturn that conviction and the sentence for killing Ali Mansur in 2008.

Behenna previously testified he shot in self-defense when Ali Mansur reached out for his gun.

Prosecutors argued that Behenna killed Mansur by shooting him in the head, execution style.

"Those shots are horizontal and parallel to each other, inconsistent with the fact that I'm standing above you, you're seated on a rock and I'm shooting down to your head," explained {his mother} Vickie Behenna.

Vicki Behenna said the jury did not hear key testimony from prosecutors' own forensic expert.

"When the government's own forensic expert tells them, ‘Your theory is wrong. It's not an execution. I believe that Mansur was standing at the time he was shot, that this was the first shot. It was not a shot to the head. As he fell to the ground, the second shot occurred,'" said Behenna as she recalled. "That evidence didn't get to the jury."

Behenna, a prosecutor herself, explained this omission of testimony was a violation of the Brady Rule which states that all evidence a prosecutor has that may negate the defendant's guilt, must be presented. She said that omission of evidence is enough to overturn the conviction.

"The jury didn't hear that both experts, defense and prosecution experts, agreed that the man was coming towards [Michael] when he got shot," she said.

Behenna's mother said the defense team will now focus on the Brady Rule during the appeal Until then, she said Michael would have to wait in his prison cell.

[NECAWA]

1Lt Behenna needs our help. Please support him with prayers, a letter and a contribution, if you can. More information at www.defendmichael.com/

[smokingfrog]

GOOD NEWS!

[ConfidentConservative]

Awesome!

Smoothsailing, Haveyou heard of this?

[seekthetruth]

GREAT NEWS!

[seekthetruth]

From the article:

She said they do not expect a ruling on the appeal until late summer or early fall. They now have 30 to 60 days to file a brief, then the government has 30 to 60 days to respond before the court even hears the case.

Here's hoping the briefs are filed soon to help speed up the process so Michael will come home early summer!

[seekthetruth]

Please listen to this song. It is the story of Michael Behenna.

http://www.ourstage.com/profile/chadevantodd/songs (click on “The Ballad Of Michael Behanna”)

[fortheDeclaration]

It was a travesty of justice putting this man in prison.

[StonyBurk]

I agree— as posted elsewhere IT ought be overturned if there is ANY justice left in our system. His conviction was political -and Nothing can restore what he has been stripped of.But the conviction ought be overturned.

[bevperl]

Folks, this is the BEST news!!!! Please pray for Michael and his family! As the great song by Chad Evan Todd goes, “FREE MICHAEL BEHENNA!”
http://www.ourstage.com/profile/chadevantodd/songs#
Let's bring him home, through our prayers!!!!!!!!!!!!!!!!!!!!!!!!!!!

Beverly Perlson
The Band of Mothers
www.thebandofmothers.com
www.defendmichael.com

[seekthetruth]

Praying for Michael's freedom!

http://www.newson6.com/story/16518312/court-agrees-to-hear-michael-behenna-case