No Jail Time for Officer Convicted of Killing Iraqi General

http://aolsvc.news.aol.com/news/article.adp?id=20060123171409990015 ^ | 1 24 06 | JON SARCHE

[freepatriot32]

FORT CARSON, Colo. (Jan. 24) - A military jury recommended a simple reprimand Monday for an Army officer who killed an Iraqi general by stuffing him headfirst into a sleeping bag and sitting on his chest during an interrogation.

As soldiers applauded in the courtroom, Chief Warrant Officer Lewis Welshofer Jr. hugged his wife after hearing the surprisingly light sentence, which will be reviewed by Fort Carson's commander, Maj. Gen. Robert W. Mixon.

The commander cannot order a harsher sentence, defense attorney Frank Spinner said.

Welshofer, 43, was charged with murder, but was convicted over the weekend of negligent homicide and negligent dereliction of duty that carried a penalty of up to three years and three months in prison, a dishonorable discharge, loss of pension and other penalties.

The murder charge carried a potential sentence of life in prison. Instead, Welshofer faces no jail time, the forfeiture of $6,000 in salary and what amounts largely to a restriction to his barracks for 60 days.

"I have the utmost respect for the decision the panel members came to tonight," Welshofer said. "I'm sure it was difficult for them."

Welshofer was convicted of putting a sleeping bag over the head of Iraqi Maj. Gen. Abed Hamed Mowhoush, sitting on his chest and using his hand to cover the general's mouth while asking him questions at a detention camp in 2003 in al Qaim, Iraq.

The defense argued that a heart condition caused Mowhoush's death, and that Welshofer's commanders had approved the interrogation technique. Spinner also argued that interrogators were under pressure to extract information from detainees and to find a way to replace techniques that hadn't been working.

Spinner said Mixon can order a lighter sentence and that he might ask the general to set aside the verdict entirely. He contends his client should never have been charged.

After the sentencing, Spinner said the six-member jury apparently accepted his argument that Welshofer did what he thought was right without clear guidance from his commanders during a chaotic time.

"When you send our men and women over there to fight, and to put their lives on the line, you've got to back them up, you've got to give them clear rules, and you've got to give them enough room to make mistakes without treating them like criminals," Spinner said.

During the sentencing hearing, Welshofer fought back tears as he apologized and asked the jury not to separate him from his wife and children by sending him to prison.

"I deeply apologize if my actions tarnished the soldiers serving in Iraq," Welshofer said. "It was never my intent to cast aspersions on their tremendous accomplishments."

After his testimony, Welshofer mouthed "I love you" to his wife, Barbara, who was seated in the gallery. She told the jury she was worried about providing for their three children without her husband, but was proud of him for contesting the case.

"I love him more for fighting this," she said, tears welling up in her eyes. "He's always said that you need to do the right thing, and sometimes the right thing is the hardest thing to do."

Lt. Col. Paul Calvert, testifying on Welshofer's behalf, said attacks by Iraqi insurgents around al Qaim, the area where Mowhoush was taken into custody, "went to practically none" when Mowhoush died.

Prosecutor Maj. Tiernan Dolan suggested Mowhoush's death likely denied coalition forces valuable information. He did not call any witnesses at the sentencing hearing.

Prosecutors described Welshofer as a rogue interrogator who became frustrated with Mowhoush's refusal to answer questions and escalated his techniques from simple interviews to beatings to simulating drowning, and finally, to death.

Spinner admitted that Welshofer sat on Mowhoush while the general's face was covered by the sleeping bag. But he said Welshofer did nothing illegal, and claimed Army headquarters had told interrogators it was "time to take the gloves off" during questioning because of a need to gather information about an increasingly lethal insurgency.

The weeklong court-martial included dramatic testimony from secret witnesses. One man spoke from behind a green cloak and recalled Welshofer saying rules about interrogation techniques were probably being broken in Iraq "every day."

In the background of the trial was whether the CIA played a role in the attempts to get Mowhoush to talk. The CIA said last year that one of its officers may have been involved in the death, but the agency refused additional comment despite reports that documents said Mowhoush had been beaten by a paramilitary Iraqi group sponsored by the CIA two days before he died.

Chief Warrant Officer Todd Sonnek testified that Mowhoush had been beaten by Iraqis, but he did not identify the civilian interrogators he said were responsible.

[Theo]

Bring the charges against the #@%$*&# lawyers

Amen!

[Trailerpark Badass]

Not good, he got the subject to die without talking.

'...attacks by Iraqi insurgents around al Qaim, the area where Mowhoush was taken into custody, "went to practically none" when Mowhoush died.'

Looks like some good came from it.

[HiTech RedNeck]

post hoc ergo propter hoc

[eastforker]

England did it for the kicks, she was not extracting information and she was not an interogator. This guy was doing his job, big differance.

[Mrs. Darla Ruth Schwerin]

"I have the utmost respect for the decision the panel members came to tonight," Welshofer said. "I'm sure it was difficult for them."

So do I. This was a military matter and the military took care of it-quite appropriately!

[ExtremeUnction]

My older cousins did much worse to me for absolutely no good reason.

Yeah! My brothers beat the crap out of me all the time. And when I complained to my mom, she whacked me too!!

[CheneyChick]

Excellent news. Jack Bauer would be proud.

Lt. Col. Paul Calvert, testifying on Welshofer's behalf, said attacks by Iraqi insurgents around al Qaim, the area where Mowhoush was taken into custody, "went to practically none" when Mowhoush died.

[NoClones]

having this go to a trial was going to far - the officer should have just gotten a reprimand only for allowing things to get out of hand...

at least the knee-jerk sentencing of our military personnel who are in the field and making tough decisions seems to be coming to an end.

[Americanexpat]

at least the knee-jerk sentencing of our military personnel who are in the field and making tough decisions seems to be coming to an end.

---

It wont be long until they will have a JAG officer assigned to every squad to advise them they could be tried by courts martial under certain circumstances. Sarcasm

[The Sons of Liberty]

If I were his Commander - Promotion and and a medal!

[Trailerpark Badass]

post hoc ergo propter hoc

Hardly.

[Dick Vomer]

No Jail Time for Officer Convicted of Killing Iraqi General ..........hmmmmmm...I'm good with that. All I want to know is if he got info or not... if he died prior to info, then his sleeping bag technique failed.

I say give him another Iraqi General and give him another chance. I "forgive" him.

[printhead]

Reminds me of Colonel Kurtz.

[sheltonmac]

A military jury recommended a simple reprimand Monday for an Army officer who killed an Iraqi general by stuffing him headfirst into a sleeping bag and sitting on his chest during an interrogation.

Would the sentence have been different if he wasn't an officer?

The defense argued that a heart condition caused Mowhoush's death ...

He probably had that rare condition where the heart needs oxygen in order to function.

... and that Welshofer's commanders had approved the interrogation technique.

The old "I was just following orders" defense. Okay, so why weren't the commanders on trial?

"I deeply apologize if my actions tarnished the soldiers serving in Iraq," Welshofer said. "It was never my intent to cast aspersions on their tremendous accomplishments."

But he's not sorry for killing an unarmed man in cold blood?

[dfwgator]

"Killin' generals could get to be a habit with me."

[milemark]

England did it for the kicks, she was not extracting information and she was not an interogator. This guy was doing his job, big differance.

England didn't kill anybody, all she did was point and laugh and get her picture taken. This man should never have been tried and England should have his wrist slap.

[libertylover]

Re "should not make a judgment": The man was found GUILTY of the charge of Negligent Homicide by fellow soldiers who were at the trial and heard all of the testimony, not by me. As far as whether that was the proper verdict I couldn't and didn't "make a judgment, because, like you wrote, I wasn't there. But my point was the PUNISHMENT does not fit the CONVICTION and I stand by that.

[verity]

Do not play word games with me to salvage your ego.

You rendered a 'personal' judgment on this matter.

[verity]

"Killin' generals could get to be a habit with me."

Does that include American officers?

[Al Simmons]

HOOOAAHHH!!!!!!

A military jury administers a wood paddle to the backside of the system. Unfortunately, there's no paying back for the $$$ that Spinner charged to defend him...