Pretrial hearing starts on allegations military officer mistreated Iraqi detainee-Lt. Col West

AP | 11/18/03 | JIM GOMEZ

[kattracks]

TIKRIT, Iraq (AP) -- A U.S. military court opened a hearing Tuesday into accusations that an American lieutenant colonel manhandled and threatened to kill an Iraqi detainee, allegedly firing his gun near the man to get information on a possible plot to kill him.

Lt. Col. Allen B. West -- the most senior officer of the 4th Infantry Division to face such a proceeding -- attended the hearing with his lawyer in a U.S. military base in Saddam Hussein's hometown of Tikrit.

West is accused of punching and firing a pistol near the prisoner, Yahya Jhodri Hamoodi, on Aug. 20 while he was being interrogated in Taji, according to Lt. Col. Jimmy Davis, who presided over the hearing.

West also allegedly threatened to kill the detainee if he did not talk, Davis said, reading from a fact sheet. The hearing is to determine whether West should face court-martial.

A preliminary investigation alleged that West's actions were in violation of the Uniform Code of Military Justice. West remained in Iraq after the incident and was assigned to other duties in the division, officials said.

Maj. Robert Reginelli, who investigated the case, testified during the Tuesday hearing that the detainee, who is an Iraqi policeman, alleged that West pointed a gun at him during questioning. Other soldiers covered Hamoodi's face with a shirt and began punching him in the body and head, Reginelli quoted the detainee as saying.

The soldiers warned Hamoodi that he would be killed if he did not talk, Reginelli said. At one point, West led the detainee out of the detention facility into a weapons' cleaning area.

West allegedly grabbed the detainee by the neck, forced him down on the sand and fired a round near him, Reginelli said, quoting Hamoodi.

The detainee insisted he was not aware of the assassination plot, Reginelli said.

West's driver, Pfc. Michael P. Johnson, testified he saw the officer fire into the sand near the detainee but he did not believe the officer really planned to kill him.

"He was just scared," Johnson described the detainee. "I knew it was wrong."

West's lawyer, Neal Puckett, refused to comment on the accusations. He said West would testify Wednesday in his own defense.

Last weekend, three American soldiers were ordered to stand trial in January on charges of abusing Iraqi prisoners of war at the detention center at Camp Bucca in southern Iraq.

The charges grew out of an alleged incident May 12 in which the three soldiers from the 320th Military Police Battalion allegedly punched and kicked Iraqi POWs. The soldiers said they acted in self-defense, that conditions were chaotic at Camp Bucca, and that guards had been harassed and assaulted daily by unruly prisoners.

The three soldiers, Master Sgt. Lisa Marie Girman, 35; Staff Sgt. Scott A. McKenzie, 38; and Spc. Timothy F. Canjar, 21, are accused of dereliction of duty, cruelty and maltreatment of enemy prisoners of war, filling false official statements, obstruction of justice and conspiracy to obstruct justice.

A fourth soldier originally held on the same allegations, Sgt. Shawna Edmondson, 24, has received an other-than-honorable discharge from the military, which she requested rather than face martial proceedings.

The 4th Infantry Division has jurisdiction over areas west and north of Baghdad, including parts of the violent so-called "Sunni Triangle."

[Ispy4u]

I'm very interested in what the outcome for LTC West's hearing will be.

There seems to be some new information here regarding the conduct of LTC West. IIRC the this is the first article that lists a timeline including both LTC West and the soldiers who roughed up the Iraqi.

[gunnedah]

Maybe we should start issuing our soldiers over there rubber bullets, they are not getting killed fast enough.
Then next we need to send every lowyer over there and put them on the front lines with their pads,pencils and a copy of their General Orders!

[Publius6961]

I think the mood of the American public is clear as to the waging of nicer, kindler war.
The trading of American lives for "winning their hearts and minds". These are Muslims, we're talking about. Throwbacks to the 9th century.

The "official" step-up of methods against the "phantom" army suggests that, officially, the military forces are adopting the same "stronger" methods, albeit somewhat late for the couple of dozen or so Americans killed in the last three weeks.

[toomuchcoffee]

Don't know why I didn't think of this earlier. Solves everything! Go upto the enemy and give them flowers, putting them into gun barrels if the enemy is carrying a gun, while in a soft voice, asking "can't we all just get along". Then a nice round of Kumbyah sung by everyone as lighted candles float down the Tigris, showing that all is well. Everyone is happy, the problems of both countries are solved and the world will live in peace forever. I'll be expecting my Peace Medal in the mail, any day now.

[MindBender26]

There is one question that the lawyer can ask that has tremendous legal and PR benefit: Did Colonel West's action save the lives of American sodiers.

Won't repeat the details here, but we know it did. (Prevented an ambush.) As such, what American is willing to give up American lives to protect some Iraqi assasin from being scared?!?!

There s a Safe Harbor defense here, as well as a great groundswell of PR to be generated. Can you imagine the mother of a dead soldier giving interview: "I just wish Colonel West could have saved my son's life too!"

[Conspiracy Guy]

Good idea. I think I'll dig up my "What if they gave a War and nobody came" Poster.

[NetValue]

The "hearing" is a disgrace to the armed forces of the U.S. Pardon LCOL West and then give the man a commendation and let him retire with his dignity intact. Sheeesh!

[MindBender26]

There are significant legal issues here:

Basically, LTC West is accused of scaring an Iraqi. That Iraqi was not in the recognised uniform of a combatant, and was hiding his role as a combatant, therefore giving LTC West the legal right under Geneva to shoot him on sight.

The Army's position: It's ok to shoot him, but not to scare him?

In addition, the use forse, in fact deadly physical force, is justified in self-defense, OR IN THE DEFENSE OF OTHERS.

For example, A walks down the street. B pulls a gun and starts shooting at A. A can draw his weapon and return fire, perhaps killing B. It's a simple act of self-defense.

Also, A walks down the street and sees B pull and gun and begin shooting at C. A knows C to be an innocent person. A can draw his weapon and shoot B, in the act of protecting C. Again, it's justified.

LTC West had reason to beleive that the actions of the Iraqi combatant would results in the death of Americans. Could it be possible that he could have shot him to stop the killing of those Americans, but isn't allowed to scare him?

LTC West's actions were not "nice." War is not "nice." People, nice people, our neighbors, get killed and maimed in war. Is it Ok that LTC West scared this Iraqi spy so that Americans might live.

If someone doesn't think West's actions were permissable, perhaps they should ask an expert on the issue. Ask the wife or mother of one of the people who would have been killed in the Iraqi spy's ambush. Even better, ask the wife or mother killed my an Iraqi since the war has been "over."

They'll probably say it was "Ok" to scare an Iraqi so their son or husband might live.

Scaring Iraqis: Isn't that what "Shock and Awe" was all about?"

[dead]

Other soldiers covered Hamoodi's face with a shirt and began punching him in the body and head, Reginelli quoted the detainee as saying.

I guess they were fresh out of hugs.

[Cogadh na Sith]

It's obvious that we're not serious about actually winning this war.

[NYC GOP Chick]

For some reason, I used to have a "War is Bad for Children and Other Living Things" button. For the life of me, I can't figure out how or why I had it -- I was a little kid and my parents were both pro-America, pro-military folks...

[Pan_Yans Wife]

"War is Bad for Children and Other Living Things"

On the face of it, that is a true statement.

However, life is much more complex than that.

[rightofthefairway]

It's obvious that we're not serious about actually winning this war

---

you can add protecting troops if crap like this keeps up

[Ben Bolt]

God bless Ltc. Allen West . We need more of him in our ranks .

[Conspiracy Guy]

My first wife was borderline peacenik. Made her nuts when I joined USAF with Nam still going on.

[NYC GOP Chick]

Did you do it to make her nuts? :)

[SLB]

I have to wonder about an ax to grind from his driver, PFC Johnson. "He was just scared," Johnson described the detainee. "I knew it was wrong."
Wasn't it also wrong for the Iraqis to set up an ambush?

If we would have had that same amount of intel on 23 Dec '70 there would have been two less names on that long black wall in Washington, DC.

[Conspiracy Guy]

Nope. She got better. But she still voted for Carter in 76 after we were out of USAF. We divorced in 77.

[Conspiracy Guy]

Heck I forgot to post my Lt. Col. West Poem.

He’s a Hero

Just what the heck you thinking,
Your head is turned around.
He was out there fighting,
Protecting taken ground.
He didn’t harm a single soul,
He only saved some lives.
A few more soldiers, who’ll go home,
And grow old with their wives.
How can you drag him through the dirt,
While sitting in your chair?
I for one am glad that he,
Not you, was over there
Our soldiers fight our nation’s wars,
And this man is the best.
Stop this persecution of,
Lieutenant Colonel West

Flurry 11/7/3