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Time Running Out On Soldier's Appeal Process
Bob McCarty Writes ^ | 3-30-10 | Bob McCarty

Posted on 03/30/2010 7:55:25 AM PDT by BobMcCartyWrites

Less than 60 days remain in the appeals process to obtain Army Ranger 1st Lt. Michael Behenna a new trial in the shooting death of a known Al-Qaeda operative.


TOPICS: Government; Military/Veterans; Politics
KEYWORDS: alqaeda; army; iraq; michaelbehenna

[ABOVE: 1st Lt. Michael Behenna (left) walks with a fellow soldier in Iraq.]

Today, Army Ranger 1st Lt. Michael Behenna sits in a cell at Fort Leavenworth, Kan., serving a 15-year sentence after being convicted of unpremeditated murder in the self-defense shooting death of a known Al-Qaeda operative. Worse still, time is running out on his appeal process.

[ABOVE: 1st Lt. Michael Behenna]

Not familiar with the case? Below is a blow-by-blow look at the chain of events leading to his incarceration:

On patrol in Iraq, Michael’s platoon was hit by an improvised explosive device April 21, 2008. The explosion killed two of his soldiers and wounded two others, including Michael’s platoon sergeant. Military intelligence determined that Mansur’s Al- Qaeda cell was responsible for the IED attack. On May 5, 2008, Michael’s platoon detained Mansur at his home.

While keeping Mansur in custody only ten days, military intelligence did not question him about his Al-Qaeda connections and decided to release him. Michael was told by his commander to take Mansur home. Along the way, Michael decided to interrogate Mansur to obtain the names of other insurgents involved in the attack on his platoon two weeks earlier.

On the way to Mansur’s home north of Baghdad, Michael took his interpreter and Mansur to a culvert in the desert to conduct the investigation. Mansur sat on a rock as the interrogation began.

While in the dark culvert, Michael began asking for the names of the other Al-Qaeda members. Mansur told the interpreter that he did not know anything. Then Michael heard Mansur say something he did not understand. Michael turned to look over his left shoulder at his interpreter to get the translation. It was then he heard a rock hit the culvert by his head. When Michael turned to look at Mansur, the man was standing with his arms outstretched. Michael believed Mansur was reaching for his gun, so he fired two shots.

The known Al-Qaeda operative was dead, and Michael was beginning the fight of his life.

During court-martial proceedings in February 2009, the prosecution's expert witness -- a man who was expected to testify that Michael was guilty -- was not called to testify after he made it known that he believed, based on the forensics evidence and testimony he had heard, Michael was telling the truth

On Feb. 27, 2009, Michael was found guilty of unpremeditated murder by a court-martial panel comprised of seven officers -- none of whom had combat experience -- during proceedings at Fort Campbell, Ky.

Today, Michael sits in a cell at Fort Leavenworth, Kan., serving a 15-year sentence after being convicted of unpremeditated murder in the self-defense shooting death of a known Al-Qaeda operative.

The deadline for Army prosecutors to respond to a defense brief filed late in 2009 is April 21. Then Michael's defense team will have one month to respond to the prosecutor's brief. Without parole or a new trial, Michael stands to be released from prison March 19, 2024 -- at age 40. All they want is a new trial during which all of the evidence is presented before a panel of Michael's peers (i.e., officers with combat experience).

Upset? If this information leaves you feeling outraged, take action as follows:

Also, be sure to send letters of encouragement to Michael at the following address:

Michael Behenna #87503 1300 N. Warehouse Road Fort Leavenworth, KS 66027-2304

Thanks in advance for all you do to Defend Michael and help him and his family obtain justice.

1 posted on 03/30/2010 7:55:25 AM PDT by BobMcCartyWrites
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To: BobMcCartyWrites

When the head shed component of Al-Qaeda reads about Lt. Behenna it just further convinces them that we don’t have the will to prosecute this war against western civ properly.

They’ll conclude it’s just a matter of time.

Of coarse the ‘precious diversity’ loving PC Generals will say ... ‘but the Lt was ordered to just return the prisoner blah blah.’ Technically they are correct but there’s a lot more to it than that.

Unfortunately for citizens of the Republic Emperor Palpatine has all his ducks is a row.


2 posted on 03/30/2010 8:10:53 AM PDT by exPBRrat
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To: exPBRrat
Michael was found guilty of unpremeditated murder by a court-martial panel comprised of seven officers -- none of whom had combat experience...

That ought to be a warning to all of our men and women in uniform.

3 posted on 03/30/2010 8:52:41 AM PDT by Clock King (There's no way to fix D.C.)
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