Posted on 05/25/2005 9:29:11 AM PDT by kiriath_jearim
Jury Seated in Soldier's Murder Trial Charged With Killing an Unarmed Suspected Iraqi Insurgent
By ANGELA K. BROWN Associated Press Writer
FORT HOOD, Texas May 24, 2005 —
A six-man jury of four enlisted soldiers and two officers was seated Tuesday in the murder trial of an Army soldier charged with killing an unarmed suspected Iraqi insurgent.
Three new jurors were chosen Tuesday, the day after two jurors were unexpectedly dismissed after opening statements. The jurors said they already formed opinions about some of the witnesses while serving on a previous jury.
Staff Sgt. Shane Werst, 32, faces up to life in prison without parole if convicted of premeditated murder and obstruction of justice in the January 2004 death of Naser Ismail. Prosecutors say the killing was in retaliation for a mortar attack on a U.S. base in Balad that killed Army Capt. Eric Paliwoda.
A military jury must have at least five members. The judge, Col. Theodore Dixon, said attorneys can repeat opening statements to the entire jury Tuesday afternoon.
Prosecutors say Werst had a list of Iraqi insurgent suspects when he took part in nighttime raids in Balad. After he confirmed that Ismail was on the list, he punched and shot him, then planted a handgun on him to make the shooting appear as self-defense, prosecutors said.
But defense attorneys say Ismail was shot after he was fighting with another soldier who turned his back, and that Werst was defending his comrade.
During jury selection Tuesday, one potential juror was dismissed because Paliwoda was his West Point classmate and close friend. He said that loss probably would prevent him from being objective in hearing evidence in the case.
Werst, of El Toro, Calif., was a combat engineer in the 3rd Brigade Combat Team at Fort Carson, Colo., part of the Fort Hood-based 4th Infantry Division.
Prosecutors say Werst had a list of Iraqi insurgent suspects when he took part in nighttime raids in Balad. After he confirmed that Ismail was on the list, he punched and shot him, then planted a handgun on him to make the shooting appear as self-defense, prosecutors said.
Then they wonder why their recruitment is off, who wants to fight in a war like this, against savages?
"Where do you get lists of Active Iraqi Insurgents!!"
Probably from Military Intelligence who put them together after interrogating the terrorists (I hate the word insurgent) they capture. I am sure the Iraqi intelligence is giving the Army lists also.
As far as his trial is concerned it will depend on what members of his squad or unit tell the court. If he did shoot this guy after he attacked another soldier then I doubt if he will be convicted.
There is something I don't understand about the makeup of the Courts-Martial board in this article. The UCMJ allows for an enlisted member being tried to elect to have up to 1/3 of the board enlisted so long as they are senior in rank to the accused. But this article states that the board is 2/3 enlisted and 1/3 Officers. I don't understand that.
Snapper do you think this is detrimental to the defendants trial?? I think this would be fair.
The old rule about an enlisted being courts-martialed, never, never, ask for enlisted on the board. They will all be Senior NCO's and, as a group, tend to be much more strict when it comes to discipline.
What's a snapper?
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