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Soldier rejects plea deal, pleads innocent in Iraqi's death
The Associated Press ^ | Apr. 26, 2005 | Angela K. Brown

Posted on 04/26/2005 4:49:47 PM PDT by Dubya

FORT HOOD0 -- An Army soldier backed out of a plea agreement Tuesday and pleaded innocent to murdering an Iraqi civilian while searching for insurgents who attacked a U.S. base north of Baghdad.

Staff Sgt. Shane Werst, 32, also pleaded innocent to an obstruction of justice charge for allegedly lying to his superiors about how Naser Ismail died in Balad in January 2004.

Neither Werst nor his attorneys would comment about the plea deal reached in March or why they rejected it at Tuesday's arraignment. His trial was set for May 23, the date that had been scheduled for sentencing.

Werst said in court that he wanted a military jury rather than a judge to decide his murder case. The jury must have at least five members, a third of them enlisted personnel.

If convicted, Werst, of El Toro, Calif., faces a maximum punishment of life in a military prison without chance of parole.

Werst was a combat engineer with the 3rd Brigade Combat Team at Fort Carson, Colo., part of the Fort Hood-based 4th Infantry Division. He and other soldiers raided houses after a mortar attack killed Capt. Eric Paliwoda, a company commander in the 4th Engineer Battalion, the same unit to which Werst was assigned.

A soldier in Werst's squad who had been in counseling later told Army investigators that after Ismail was identified as a possible insurgent, the Iraqi was taken to an isolated area, punched repeatedly by the two soldiers and then shot by Werst.

The soldier said Werst then planted a handgun on the dead man to make the shooting appear as self-defense, according to previous court testimony. Werst was charged in November. His attorneys have requested that soldier's medical files.

The military judge, Col. Theodore Dixon, said Tuesday that one of the witnesses in Werst's trial would be 1st Lt. Jack Saville, who pleaded guilty to assault and other charges last month and was sentenced to 45 days in prison for forcing three Iraqis into the Tigris River, including one who allegedly drowned.

Saville's co-defendant in the river case, Staff Sgt. Tracy Perkins, was acquitted in January of manslaughter but convicted of assault and obstruction of justice. Perkins was sentenced to six months.


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Foreign Affairs; Government; Miscellaneous; News/Current Events
KEYWORDS: courtmartial; iraq; shanewerst; soldier

1 posted on 04/26/2005 4:49:50 PM PDT by Dubya
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To: Dubya
Werst said in court that he wanted a military jury rather than a judge to decide his murder case. The jury must have at least five members, a third of them enlisted personnel.

So that would be one and two-thirds enlisted members.

2 posted on 04/26/2005 4:52:52 PM PDT by Still Thinking (Disregard the law of unintended consequences at your own risk.)
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To: Dubya

We seem to have a huge problem when it comes to killing the enemy. We are pc'ing our army into a bunch of U.N woosies.


3 posted on 04/26/2005 4:56:21 PM PDT by mirkwood (Flush the johns)
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To: Dubya

How does one contribute to his defense?


4 posted on 04/26/2005 5:13:44 PM PDT by brushcop
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To: mirkwood
We seem to have a huge problem when it comes to killing the enemy. We are pc'ing our army into a bunch of U.N woosies.

ha yeah totally, what about the rights of low ranking soldiers to summarily execute suspected enemies and plant evidence?
5 posted on 04/26/2005 5:27:42 PM PDT by joemoe
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To: Dubya

Is it possible to allegedly drown?


6 posted on 04/26/2005 5:44:01 PM PDT by yooper (If you don't know where you're going, any road will take you there......)
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To: yooper

Allegedly because they don't know if the guy drowned. No body. Only the word of people who may hate America. The three were caught out in violation of curfew. Probably terrs.


7 posted on 04/26/2005 5:55:00 PM PDT by Eagles6 (Dig deeper, more ammo.)
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To: mirkwood

Neither "W" nor Rumsfeld will step up to the plate and put an end to this type of non-stop prosecution of our troops for mostly imagined offenses.
"W"s second term is turning our military into Hillary's punching bag after G.W. has gotten all of the mileage he can from kicking it around.


8 posted on 04/26/2005 6:21:45 PM PDT by em2vn
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To: joemoe

ha yeah totally, what about the rights of low ranking soldiers to summarily execute suspected enemies and plant evidence?
What the h*ll are you talking about? Plant evidence? Joemoe, you have obviously NEVER been in or near military.


9 posted on 04/26/2005 9:07:38 PM PDT by mirkwood (Flush the johns)
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To: mirkwood

did you read the article?


10 posted on 04/26/2005 9:58:04 PM PDT by joemoe
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To: joemoe

Yea..I read the article..."He and other soldiers raided houses after a mortar attack killed Capt. Eric Paliwoda, a company commander in the 4th Engineer Battalion, the same unit to which Werst was assigned. "


11 posted on 04/30/2005 5:43:42 PM PDT by mirkwood
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To: mirkwood

i meant this: "The soldier said Werst then planted a handgun on the dead man to make the shooting appear as self-defense, according to previous court testimony. Werst was charged in November. His attorneys have requested that soldier's medical files."

i wont defend that kind of action.


12 posted on 05/01/2005 1:57:16 AM PDT by joemoe
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