Posted on 08/02/2011 9:07:03 AM PDT by seekthetruth
To the thousands of Michael Behenna supporters,
We are pained to share with you that the Army Court of Appeals has upheld Michael’s conviction and denied him a new trial. The appeal process took over two years (six months longer than is allowed by law) and their ruling was an absolute punch in the gut to justice for a young man who fought so bravely for this country.
Back in March of 2009 the sting of Michael’ conviction was eased somewhat by the knowledge that critical evidence was not heard at trial which made us hopeful for a successful appeal. During the trial, from beginning to end, the military argued Michael executed the al-Qaida cell leader Ali Mansur while he was seated on a rock. But in their appeal brief the military changed gears and argued that it didn’t matter how Mansur was killed because Michael lost his right to self-defense the moment he pointed his weapon at Mansur.
From our experience in the civilian appellate process we felt confident that a review of what had occurred during the trial would uncover the egregious errors committed by the Prosecution and the Trial Judge, including the Brady law violation involving non-disclosure of the PROSECUTION expert witness’s opinion that the forensic evidence supported Michael’s testimony of self-defense as the ‘only logical explanation’ of what occurred in that Iraqi culvert. However, the twisted logic of the Appeals Court not only agreed with the trial judge, but even introduced language in their ruling that was never even part of the original trial. The substance of this appellate opinion was void of any indication that the facts and issues were really evaluated to a logical legal conclusion.
The following quotes used in the appellate opinion are indicative of what the appellate court used as a basis for their decision and should strike fear in every soldier and Marine serving in a combat zone:
Commenting on Michael pointing his weapon at Mansur (a known al-Qaida member who both Michael and Army intelligence believed was involved in the blowing up of Michael’s convoy); "If, confronted by this demonstration of DEADLY FORCE, Ali Mansur, under these circumstances, attempts to turn the very same Glock pistol towards appellant, his assailant, there can be no escalation sufficient legally to excuse Ali Mansur's killing." By this logic every time a soldier points his gun at anyone, whether at a checkpoint or entering a village, they have assaulted those people by virtue of pointing their gun at them and if someone gets shot then they should be brought up on charges of murder. No consideration is even given that this is a war zone. When confronted with Mansur standing and reaching for Michael’s weapon; "There is no evidence that Ali Mansur made contact with the appellant’s weapon. At that point, the appellant (Michael), in full battle armor, with much of his platoon standing nearby, ready to defend him, did not keep moving to the left away from the victim into the vast expanse of desert, did not shout for assistance, but instead shot the victim two times."
So if a police officer in America has his gun pointed at a known killer and that killer suddenly lunges for his gun the police officer’s only option is to turn and run while yelling for backup? Seriously, who comes up with this nonsense! Unfortunately, the entire Appellate opinion was full of this kind of logic.
We are to going to appeal to the final level, the Court of Appeals of the Armed Forces (CAAF), but their opinion will take at least eight months to a year before it is issued. Despite losing the first two rounds to a corrupt and outdated military justice system that refused to guarantee one of the most basic rights that Michael and his men fought for – the right to a fair trial, there is one positive to mention:
CAAF is a civilian court that is supposed to be completely removed from all military influence. That is a good thing…for what we have learned through this ordeal is that the Military Justice System is in fact beyond broken. As one article on military corruption put it, ‘Military justice for the majority is prefabricated according to the wishes of the local Commander, and the "trial" or "court-martial" is tantamount to a pre-ordained verdict of GUILTY.
How could any court proceeding be considered fair when the "convening authority," by right of title, is given the power to select the judge, the jury and defense and prosecution attorneys? It may go "unsaid," but the implication is very clear - if the convening authority "sees fit" to bring about a court-martial, then the accused can be assumed to be guilty. In the U.S. military, the court-martial conviction rate of 98% "rivals that of Communist China." Innocent until proven guilty" by an "impartial judge" is the right of every American. The military deserves a jury that can seek out the truth without fear of retaliation.’
We want you to know that despite everything that has happened to him over the past three plus years Michael is doing well. In the next week or so we will be sending out a letter that Michael has written to all of you - his incredible supporters who have stood beside him throughout all of this madness.
Please continue to contact your Congressional Delegations to put pressure on the Army regarding Michael’s case. And most importantly please continue to write to Michael. All of your efforts have helped us to spread Michael’s story as we promised him we would do when he was hauled away in handcuffs over two and a half years ago. For Michael and the other Leavenworth 10 warriors who are behind bars and the thousands of brave soldiers and Marines who are on the front lines facing an enemy that wants to kill them and a JAG corp that wants to imprison them –
THIS FIGHT IS FAR FROM OVER!
Respectfully, Scott & Vicki Behenna Proud Parents of 1LT Michael Behenna http://www.defendmichael.com/
This report from an ex JAG officer who just happened to be representing one of the prosecution witnesses in the case. FWIW, the case doesn't appear to be as cut and dried as Behenna's defenders would like to represent. It's all but a certainty the dirtbag al Queda guy needed offing and Lt. Behenna obviously felt the same way. Can't say I blame him if he did but it doesn't change the fact he may have murdered the dirtbag. War is an ugly business on a good day.
Our wonderful Military are fighting this war on terror against an enemy that hides among civilians, and uses women and children in their cause. Our soldiers are constantly in danger and must make split second decisions to defend themselves. The present Military Rules of Engagement and Catch & Release policy needs to be addressed and changed to protect our soldiers!
Another interesting note, was that there was issued a “capture or kill” order issued on the terrorist that Michael Behenna had killed.
Thanks for the ping.
Who brought the charges against Lt Behenna in the first place?
Please go here for more information:
http://www.defendmichael.com/?page_id=16
http://townhall.com/columnists/dianawest/2010/12/20/where_is_the_justice_for_michael
Virginia Freeper ping here, and as always, if you wish to be removed from my ping list please let me know through FreepMail. Thanks!
Judgement call I suppose. Not being involved in the affair makes it even tougher still.
Another interesting note, was that there was issued a “capture or kill” order issued on the terrorist that Michael Behenna had killed.
Not picking nits but one could speculate that order was issued several days after the muzzie dirtbag "escaped"??? Odd that several days after military intelligence sends the muzzie home somebody decides to go after him again. Gotta wonder what might have prompted the change of heart. Were the Rangers trying to mollify the impact of something they already knew had happened? I dunno. Numerous unanswered questions IMO.
BTW, the judge did allow witnesses for the defense and I'm a little surprised the defense didn't call, or try to call Dr. McDonald(?) who turned out to be a more or less hostile witness for the prosecution who sent him home.
In any case I'm not convinced Lt. Behenna is as pure as the driven snow in this affair but I would be hard pressed to convict him of murder; even unpremeditated murder. The key here is the muzzie was placed under the care of Behenna. Was THAT a mistake? Character(?) witnesses IMO indicated his mental state could have almost been classified as temporary insanity. He hadn't been himself since losing two of his men. In his situation I might have wanted to cut the muzzie's heart and wave it in front of his face til he croaked. But that's just me...
He should claim to be homosexual. Then every army lawyer in the world will be coming forward to protect his rights.
/s — (just in case)
While I agree that Obama is continuing the undermining of our military, he is not responsible for implementing the rules of engagement under which our soldiers have had to serve in Iraq and Afghanistan.
In fact, these 'rules', and the deleterious effect they have on our country's ability to competently prosecute a war, did not suddenly spring forth in fully developed form for use in the current conflicts. They are the culmination of decades of 'progressive' 'thought' being applied to warfare in an attempt to make it 'civilized'.
Do you know how to go about revising articles at that site? I do not, but if you or someone else here does, it might be worth the effort to revise phrases like: “After the murder Behenna ordered the platoon back to the base...”.
Of course, the lib-tards who run Wikipedia might simply refuse to allow the changes, or change them back; but since a lot of people use that site as their first stop (some, apparently as their only stop) when researching an issue, a it is possible that a lot of people's (non-FR people, of course) first impressions of Lt. Behenna will be formed by the Wikipedia article.
If the truth, or at least a more objective, honestly journalistic description of events were available at that site, it might help improve the 'main-stream' public’s perception of Lt. Behenna.
You are so right about Wikipedia. It is wise not to trust anything there or take anything with lots of grains of salt.
I do not know how to change information, but did hear that when folks attempt to correct information it is quickly changed back.
While I agree that Obama is continuing the undermining of our military, he is not responsible for implementing the rules of engagement under which our soldiers have had to serve in Iraq and Afghanistan.
Thanks for the information. That's why I come here.
HRAWH
Harry the interpreter said that he was just outside the culvert when Michael began asking Mansur questions. Just before the shooting Michael turned his head to look at his interpreter to obtain the translation on a statement that Mansur just gave. When Michael turned to look at his interpreter the interpreter turned his head to look at Michael. He said he was looking at Michael when the shots were fired so he was unable to see if Mansur was standing or sitting at the time he was shot. The forensic
evidence confirms that Mansur was in fact standing with his right arm outstretched when he was shot. He was shot first under the right arm and then in the temple as he fell to the ground.
After so many trips to the hill, knocking on so many doors, I think Michael Behenna’s story just might be heard all over, thanks to Katie O’Malley. I have attached the song “The Battle of Michael Behenna”, written and recorded by Chad Evan Todd. It really tells the story of the insane and cruel “catch and release” policy. This policy” is hurting our troops and it must end!!! Thank you Chad for writing such a beautiful song. You are right, music is so powerful and especially when it comes from such a beautiful heart as yours.
THANK YOU KATIE O'MALLEY! You are an awesome force of good in this world and I am lucky to call you my friend.
Thank you Andrew Breitbart. I have said you are the George Washington of our time. You wrote a post card to our troops back in February, 2009 for me and this is what it said:
“Dear Soldier,
I apologize from the bottom of my heart for the putrid behavior of the American media. You have exhibited heroism and they took the lowest road. I have committed all of my resources to undo that wrong. History will prove you right. And the mainstream media and Hollywood will have been exposed as the traitors they are.” Andrew Breitbart
Andrew, I have talked to so many people about our troops but You have kept your word. You are my George Washington and you are my Hero!
Please forward this link and the attached song “The Battle of Michael Behenna” and be so very grateful for these Brave Men and Women:
Here is the story and pic Col North talked about at the concert:
http://www.blackfive.net/main/2011/12/thats-what-we-do-were-americans.html
Beverly Perlson
The Band of Mothers
http://www.ourstage.com/profile/chadevantodd/songs
Please send on to those on your email lists. We must stand up for Michael!
Tomorrow, Dana will play the song and interview Chad Evan Todd and Michael's mother, Vickie Behenna. She is also going to play this beautiful song. YOU DON'T WANT TO MISS THIS!
Chad Evan Todd is a good man and a humble man. He turned the publishing rights over to the family so every time the song plays on the radio, the family gets some of the royalties. This will help immensely with the legal fees for Michael's defense.
GOD BLESS DANA LOESH! Please folks, let's tune in tomorrow, Dec.6th, and support her as she supports our Troops!
http://thedanashow.wordpress.com/
Please forward to everyone on your list.
Thank You
Beverly Perlson
The Band of Mothers
If you live near DC and can attend this hearing in support of Michael Behenna, please do. I look forward to seeing you there!
Below is a message from Beverly Perlson of The Band Of Mothers, and also a message from Michael Behenna’s parents.
I am pinging Freepers in the DC area in hopes more patriots will attend in support of Michael. Thanks! Jean St.Pete,FL
*****************************
Please say some prayers for Michael and please pass his video to any radio stations you know and ask them to play “The Ballad of Michael Behenna” and if they need a cd, let us know! Thank you!
Beverly Perlson
THe Band of Mothers
http://www.thebandofmothers.com
http://www.defendmichael.com
http://www.savethissoldier.com
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To the thousands of Michael Behenna supporters,
After three long years of waiting for Michael’s case to be heard by a court not under command influence the day we have been waiting for is about here.
On April 23rd at 9am Michael’s case will be heard by the Court of Appeals for the Armed Forces (CAAF). This civilian court will hear oral arguments regarding Michael’s case at 450 “E” Street in Washington, DC.
This hearing is open to the public and while no decision will be made that day all present will gain an understanding of why Michael’s case intrigues the news media, military legal scholars, and the patriots of this nation.
Michael killed an Al-Qaida cell leader in self-defense in a war zone and then was sentenced to a lengthy sentence at Fort Leavenworth prison after the Army prosecutors withheld evidence and the judge ruled he had no right to self-defense. Hopefully the CAAF will dissect this horrible injustice and free Michael from his Leavenworth cell. As soon as we know how the CAAF rules on Michael’s case we will let you know.
Please remember to pass along the YouTube link of the Ballad of Michael Behenna http://www.youtube.com/watch?v=IMbytddDjWI. Also, if you know of any radio stations (country or otherwise) that might play Michael's Ballad, please provide an address and contact person and we will be glad to send them a copy of the CD.
It has been a long and burdensome road these past three plus years, but you have seen us through it with your prayers, kind words, and letters of support to Michael and to us. It is our hope that soon all of our prayers will be answered and Michael will be home where he belongs.
Finally, Michael asked all of us to keep the families of Sgt Adam Kohlhaas and Sgt Steven Christofferson in our thoughts and prayers. It will be four years ago this weekend (April 21st) that these two brave and remarkable soldiers from Michael’s Mad Dog 5 Platoon were killed by an Al-Qaida IED attack in Iraq. Michael loved them as brothers and brothers they were along with the entire Mad Dog 5 platoon.
Sincerely,
Scott & Vicki Behenna
http://www.defendmichael.com
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