Posted on 08/06/2006 2:21:29 PM PDT by NormsRevenge
BAGHDAD, Iraq - An Iraqi army medic on Sunday told a U.S. military hearing of the horrific scene that confronted him in a tiny home south of Baghdad where he found the naked and burned body of a 14-year-old girl allegedly raped and murdered by American soldiers.
The medic testified on the opening day of a hearing to determine whether five U.S. soldiers must stand trial in the March 12 rape-slaying of Abeer Qassim al-Janabi and the killing of her parents and sister in the town of Mahmoudiya.
It is among the worst in a series of cases of alleged killings of civilians and other abuses by U.S. soldiers that have tarnished the American military.
The medic, whose name was withheld for security reasons, testified that he was the first responder to enter the house, arriving between 3 p.m. and 4 p.m. on the day of the killings.
The girl was sprawled naked in the house, her torso and head burned by flames, and she had a single bullet wound under her left eye, he said.
He said he found Abeer's 5-year-old sister, Hadeel, in an adjacent room dead from a bullet wound in the head. The children's father, Qassim, and mother, Fikhriya, suffered similar deaths, he said. The mother's abdomen and chest were riddled with bullets, he added.
"I was feeling very bad," he said. "I was sick for almost two weeks."
He told the hearing that because Mahmoudiya's hospital did not have enough space to store the bodies, they were kept in an air-conditioned ambulance overnight, then buried the following day.
Four soldiers — Sgt. Paul E. Cortez, Spc. James P. Barker, Pfc. Jesse V. Spielman and Pfc. Bryan L. Howard — have been accused of rape and murder and could face the death penalty if the case is passed for a court-martial. A fifth, Sgt. Anthony W. Yribe, is accused of failing to report the attack but is not alleged to have been a direct participant.
A former private, Steven D. Green, was arrested in North Carolina in June on rape and murder charges in the case. Green, who was discharged from the Army for a "personality disorder," has pleaded not guilty in federal court and is being held without bond.
The commander of the soldiers' battalion in the 502nd Infantry Regiment, 101st Airborne Division, Lt. Col. Thomas Kunk, testified Sunday that he recalled hearing Green say "all Iraqis are bad people."
"I told him that that wasn't true and that 90 to 95 percent of the Iraqi people are good people, and they want the same thing that we have in the United States," Kunk said.
Sunday's proceeding is referred to as an Article 32 hearing and is the military equivalent of a grand jury session. It is expected to last several days, and parts will be held in secret.
During cross-examination, Kunk said Green, Cortez and Spielman were "wallowing in self-pity" amid the violence and loss of comrades in the Mahmoudiya area, known in Iraq as the "Triangle of Death." They sought help for combat stress, Kunk said.
Much of Sunday's testimony focused on whether the accused soldiers were suffering from combat stress and whether such emotional trauma might have led them to commit the crimes.
Kunk estimated that about a quarter of the soldiers in his battalion suffered from some form of combat stress, including sleepless nights, nightmares, perpetual nervousness and chronic nausea.
However, "the majority of the platoon, in my opinion, were able to accept the loss of their brothers in arms," Kunk told defense lawyer Capt. Jimmie Culp. "I believe every soldier wakes up every morning wanting to do the right thing. I don't believe any soldier wakes up thinking 'I want to be screwed up.'"
The medic was among three Iraqi witnesses to testify Sunday. Reporters were not permitted to hear the first two but were allowed back in the hearing room when the medic took the stand.
The military prosecutor, Capt. William Fischbach, showed him several photographs of the bloody crime scene to confirm the bodies were as he found them when he entered the room. All of the accused watched expressionless as the photos were shown to attorneys.
Defense lawyers contended the bodies were staged for the pictures. They also questioned whether the victims were shot to death, suggesting they may have already been dead when bullets were fired into their bodies.
The medic acknowledged after questioning he could only assume the family was shot to death.
Since the case became public last month, U.S. officials have said they were concerned it could strain relations with Iraq's new government if Iraqis perceive that the soldiers receive lenient treatment.
They have offered assurances that the case will be pursued vigorously and that the soldiers will be punished if convicted.
The case already has increased demands for changes in an agreement that exempts U.S. soldiers from prosecution in Iraqi courts. And Prime Minister Nouri al-Maliki has demanded an independent investigation.
Kunk said he was told on June 19 about possible American involvement in the alleged murders and rape. He said he questioned Barker and Howard the next day, and both denied any coalition soldiers were involved.
The battalion commander described Baker as "very flippant, very confident, and more than willing to answer the questions I had."
U.S. soldiers' conduct has come under the spotlight over a string of similar cases.
Four soldiers from another regiment in the 101st Airborne have been accused of killing three Iraqi detainees in Samarra three months ago. The Article 32 hearing in that case ended Friday in Tikrit but no decision on a trial was announced.
In another case, the Marine Corps and Navy prosecutors are reviewing evidence to determine whether to recommend criminal charges against Marines accused of killing 24 Iraqi civilians in Haditha in November.
Well there are the dead bodies and they have bullet evidence. How can combat stress be a defense?
Are their ballistic results?
Where was the green helmet guy?
As you know, there is no requirement for "bodies" for murder convictions. And, you simply refuse to admit that three of these men have admitted their involvement; in fact, it was THEY who alerted the military to the fact that American soldiers may have been the perps.
It's not, unless that's all the defense can use.
I find nothing to rule out terrorists.
I mean they changed out of their uniforms, were off duty, and went into that house and raped that girl and killed the family.
Where's the combat stress in that situation?
Regarding having "bodies" for a murder case, that applies when, in fact, there are no "bodies". What we have here are "bodies" that the Iraqi authorities refuse to have examined to see if, among other things, they were shot to death and with what. We allow those we charge with law violations to have witnesses and evidence.
The key witness is also part of the Iraqui government, and he finally admits that the people could have been dead before they were shot.
You're wrong. Completely.
But, you will simply not accept anything that refutes your mistaken notions, as we have been through this before.
Our conversation is over.
Not a good case yet ~
The DOJ has "impressions," as do the Marines.
Then it's not a "case" yet ~
If there is no DNA evidence then I don't see how they can convict these soldiers.
I agree, and it really makes me angry. However, I don't see how this will end well for the US no matter what. I hope it ends well for the guys.
susie
Weren't the three brutalized and murdered soldiers killed or kidnapped at Mahmoudiya part of the nine-member squad that all of the accused belonged to? If they had not been killed, I wonder if they would also be among the accused.
Thanks, susie. So do I. But there's a long way to go.
I pray their lawyers are the best of the best and they have good cases.
The only thing I will say is that the WaPOO article lied about what Green's lawyer (Sheldon) said. Their spin diverged from the AP wire story re Sheldon's remarks.
WaPOO had a field day with spinning a yarn, and that was the reason the FReeper posted the WP story rather than the AP wire report.
Agree about prayer.
susie
Yeah, you'd better pray for them. Prayer is what they need.
uhhhh......they already admitted to it....geezzz....go get a clue
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