Posted on 08/07/2006 7:39:22 AM PDT by MizSterious
U.S. soldiers accused of raping and murdering a 14-year-old Iraqi girl drank alcohol and hit golf balls before the attack, an investigator said Monday at a U.S. military hearing to determine whether they should stand trial.
Criminal investigator Benjamin Bierce said he interviewed one of the accused, Spc. James P. Barker, on June 30, and recorded graphic and brutal details of the alleged assault on March 12.
Bierce was testifying on the second day of the hearing to determine whether five U.S. soldiers must stand trial in the rape-slaying of Abeer Qassim al-Janabi and the killing of her father, Qassim Hamza; her mother, Fikhriya Taha; and her 5-year-old sister, Hadeel Qassim Hamza, in the town of Mahmoudiya, one of the most violent areas in Iraq.
The rape and murders are among the worst in a series of cases of alleged misconduct by U.S. service members that have tarnished the American military.
Barker's sworn and signed statement was submitted as evidence during the hearing, and Bierce revealed portions during his testimony.
Barker is accused along with Sgt. Paul E. Cortez, Pfc. Jesse V. Spielman, Pfc. Bryan L. Howard of rape and murder. Another soldier, Sgt. Anthony W. Yribe, is accused of failing to report the attack but is not alleged to have been a direct participant.
Former Pfc. Steven D. Green was discharged from the Army for a "personality disorder" after the incident and was arrested in North Carolina in June on rape and murder charges. He has pleaded not guilty in federal court and is being held without bond.
At Monday's hearing, Pfc. Justin Watt testified that Howard told him before the incident that Green, Cortez and Barker had planned to rape a girl, and Howard was to be the lookout.
"There's nothing I've read that says what to do if your buddies have raped and murdered a family," Watt said.
According to Barker's sworn statement cited by Bierce, Green not only raped the girl but also shot her and her family members after telling his comrades repeatedly that he wanted to kill some Iraqis.
Bierce testified that on the day of the attack, Barker, Cortez, Spielman and Green had been playing cards and drinking Iraqi whiskey mixed with an energy drink. Afterward, they practiced hitting golf balls, Bierce quoted Barker as saying in his statement.
Bierce said Barker's statement made it clear that Green was very persistent about killing some Iraqis and kept bringing up the idea. At some point, they decided to go to the house of Abeer, whom they had seen passing by their checkpoint earlier.
According to Bierce, Barker told him that when they arrived at the house, Abeer and her father were outside. Spielman grabbed Abeer while Green seized her father and took them into the house, Bierce said, quoting Barker. Cortez and Barker also went in.
Green took the father, mother and the younger sister into the bedroom and closed the door, while Abeer remained in the living room with the others.
Barker wrote that Cortez pushed Abeer to the floor, lifted her dress and tore off her underwear while she struggled, Bierce said. Cortez appeared to rape her, according to Barker's statement, Bierce said.
Barker then tried to rape the girl, Bierce said. Suddenly, the group heard gunshots. According to Barker's statement, which was read by Bierce, Green came out of the bedroom, holding an AK-47 rifle, and declared: "They're all dead. I just killed them."
Green put the gun down, then raped Abeer while Cortez held her down; Barker claims Green picked up the AK-47 and shot her once, paused, then shot her several more times, Bierce said.
Barker confirmed he got a kerosene lamp and poured the fuel on the girl's body, Bierce said. The body was set on fire, but Barker does not say who did it. Barker's statement also does not say if Howard or Spielman participated in the rape.
Barker's statement says he grilled chicken wings when they got back to their checkpoint, Bierce testified. A few hours later, Barker wrote, Iraqi soldiers came to report they had found a family murdered.
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.
The Americans have offered assurances that the case will be pursued vigorously and that the soldiers will be punished if convicted.
The case has already 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 into the case.
Mahmoudiya pinglist--if you want on or off, let me know via freepmail.
They hit golf balls? Oh the humanity. Clearly evidence of too much male testosterone at work. If only they had gone shopping.
Indeed. A tough moral situation. What to do ... what to do ...
I suppose it would set a precedent, but Sharia law could be used. Then we would simply have to stone the girl's sister to death and let the soldiers go.
I'm not sure where the golf balls fall in this, but if these soldiers did commit this crime, and are found guilty they should face the firing squad. Murdering the innocent is never acceptable, even at War.
I agree with you and I don't see anything funny about it. We are talking about a 14 year old girl RAPED and brutally murdered and we have confessions.
14. It's one thing to have some depraved pervert and psycho do this on our own soil, but it is all the more shocking and saddening that these men are SWORN to defend this country and protect our constitution. I hope we have started to weed some of these 'personality disorders' OUT of our military. This is sickening.
If this is proven to be true, they should be returned to that village and executed according to the local law or custom there. Then it would become a precedent to others that an atrocity such as this would not be repeated.
Hitting golf balls ??? So now what? All golfers should register with their local police depts. as possible sex offenders?
If in fact they did the crime, I would not oppose turning them over to Iraq for the appropriate punishment. Walking the walk, so to speak. I do oppose them being declared guilty before due process has been applied.
What does that mean? What is wrong with you? The statement says they hit golf balls after commiting this horrendous crime. That's all. What are you reading into this? Do you think this is funny?
Would you be so quick to defend a fiend in our country who has confessed to such a thing?
The first sentence says they hit golf balls "before" the attack. Thought that was a ridiculous piece of info to insert in the article.
I've read that all of the six accused were part of a nine-member squad that included the kidnapped, tortured and murdered soldiers Tucker and Menchaca and the soldier who was killed when Tucker and Menchaca were kidnapped. I wonder if the three who were killed would also have been accused had they not been killed.
"golf balls?"..."AK47?"..."got drunk, then went on a rape murder patrol?"
another war novel...
I think I'll wait for the movie.
All this information is coming from Barker and apparently he's sticking to it.
Is there any corroboration from others?
Where did I defend anyone? Due process first, hanging later. I have no details on this confession; was it from one individual (who could be a nut job, or not) or from several? Were all involved, or just some? And to what extent?
If they did it, they deserve the worst possible punishment.
That's all I wanted to hear. I apolgize-I am just tired of people making sport of this issue. If we start to think that Iraqi civilians lives are not as valuable as our own, then what the hell are we doing there? Sacrificing our troops for people we don't give a damn about? I don't think so.
Sorry for the rant, I'm a mom, I have a daughter.
Those who actually participated should be tried by a US military tribunal, and if found guilty, delivered to the Iraqi government for whatever punishment it sees fit.
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