Posted on 08/13/2006 7:14:16 AM PDT by MizSterious
By Debbie Stevenson
Killeen Daily Herald
The Killeen attorney knew he had his work cut out for him from the moment he was sent to the airport to board a flight for Kuwait.
The next stop for Dan Christensen would be Baghdad, Iraq, the heart of a war zone that has become the center for increasingly violent attacks in the more than 3-year-old war.
Christensen's mission was to make it to the Iraqi capital in time for an Article 32 hearing, the military's equivalent of a grand jury.
The military had denied a request for a delay and made it clear the hearing would begin just two days later on Aug. 6, with or without him.
Once there, Christensen's job was to defend Pfc. Jesse V. Spielman, one of five soldiers facing capital rape and murder charges in a gruesome case that has U.S. military and civilian leaders worried about the repercussions in the volatile region.
Christensen flew on civilian flights to Kuwait. From there, he hopped a military C-130 cargo plane into Baghdad.
It was a rough ride in and Christensen got his first taste of how difficult the next few days would be in the 4th Infantry Division's makeshift courtroom at Camp Liberty.
"The ride was extremely rough. I was sitting next to a naval woman ... she was throwing up like crazy because the ride was so rough," Christensen said.
"I was the only one on the plane that didn't have body armor and Kevlar," he added.
"Everyone else has weapons ... then there's me, the civilian guy, wearing pants and a shirt."
The plane developed mechanical problems just before Baghdad and had to turn back to Kuwait for the repairs due to the lack of parts at the military airport in Iraq.
The second flight delivered Christensen into Baghdad in time for the last hour and a half of the second day of hearings, which violated attorney-client rights accorded to Spielman under a recent Supreme Court ruling and caused irreparable damage to the case, Christensen said.
"I've never seen an investigating officer in a case of this magnitude refuse to delay a case 48 hours," Christensen said.
"We can ask for another investigation. But really, it's kind of inadequate," he said. "The government has had an opportunity to have a dry run, school their witnesses and fill in the gaps in their case for the second hearing. It's never going to put Spielman back in the position he would have been had his rights not been violated."
The hearing ended after three days of testimony. The stakes remain high about the outcome for both the Army and Spielman.
Charged with rape, murder, housebreaking, arson and drinking alcohol against military rules are Spielman, Sgt. Paul E. Cortez and Spc. James P. Barker. Pfc. Bryan L. Howard is charged with premeditated murder, rape and obstruction of justice. All face the death penalty if they go before a court-martial and are convicted.
Sgt. Anthony W. Yribe is charged with dereliction of duty and making a false statement for allegedly failing to report the incident. A sixth man, former Pfc. Steven D. Green, has pleaded not guilty to charges of rape and murder in federal court in Kentucky.
All were in Iraq with Bravo Company, 1st Battalion, 502nd Infantry Regiment of the 101st Airborne Division, from Fort Campbell, Ky. The unit has been assigned to the 4th Infantry while in Iraq.
All statements to the Army's Criminal Investigation Department agents have agreed that Green, Cortez, Barker, Spielman and Howard changed into dark clothing and covered their faces before going to the house. Howard remained on watch with a radio. Barker's testimony put Spielman at the scene, noting that it was Spielman who grabbed the 5-year-old sibling outside the house and took her inside, according to stories filed by CNN and the Associated Press reporters who covered the three-day hearing in Baghdad.
Army Special Agent Benjamin Bierce testified that Barker, 23, said he held the girl, identified through records as Abeer Qassim Hamza al-Janabi, while she was raped by Cortez before also making an attempt to rape the 14-year-old. She was shot to death by Green, according to Barker's statement. Barker admitted pouring kerosene from a lamp on her body, although it was unclear from the testimony who set the girl on fire. Her father, mother and 5-year-old sister also were killed.
Special Agent Gary Griesmyer testified there was no evidence Spielman raped or murdered anyone in the house. Special Agent Michael Hood said Spielman passed a polygraph test, in which he denied shooting or raping anyone.
Barker, however, claims Spielman was given the soldiers' clothing to burn and an AK-47 to throw in a nearby canal.
The courtroom, in the heart of Baghdad's heavily fortified Green Zone, insulated the sights and sounds of the violence outside, but did not stop the war from taking its toll on the hearing.
"When you were out and about, it was clear you were in a combat zone," Christensen said.
"The checkpoints. Everyone is walking around with weapons and body armor on. ... There were massive concrete barriers around all the buildings," he said.
Other cheaper barriers substituted concrete for a combination of wire mesh and a canvas barrel filled with sand.
"It is the same effect – it would protect against shrapnel, protect against gunfire," said Christensen, who has prior service.
Then, there was the complication of the crime scene in Mahmoudiya, a town in the heart of an area south of Baghdad called the Triangle of Death.
No one was prepared to take Christensen to the girl's house, a considerable setback for the defense's case.
"You are never really in an ideal position to evaluate your client's position or the prosecution's theory until you ... can reenact – evaluate (the scene)," Christensen said. "The prosecution did go out there and will have a leg up as far as that is concerned."
Fighting elsewhere also interfered with the testimony.
"A lot of folks were declared unavailable," Christensen said.
"One of the critical witnesses was the commanding officer of my client," Christensen said. "I had to take his testimony telephonically. That was unfortunate. As an attorney, you want to look a witness in the eye. But his position, his little base that he operates out of, was attacked right during the hearing. He had to get back there and assess the damage and get some command and control."
Of most concern to Christensen, who believes capital charges and court-martial are inevitable for his client, is the politics of war and the Army's need to be seen as dealing swiftly and harshly with wrongdoers.
"The acts are horrific (in this case)," Christensen said. "People are going to be so caught up in the hysteria and the command is going to be so caught up in the politics of it all, his rights are going to be the victim."
The hearing should be Christensen's only trip to Iraq in the case. If a court-martial is recommended, defense attorneys say they expect it to be convened in Kentucky after the unit returns to Fort Campbell, some six weeks from now.
Mahmoudiya pinglist--if you want on or off, let me know via freepmail.
Coming from the defense counsel, this is the most telling statement of all. Why didn't he say that the alleged acts are horrific? Could it be that Mr. Christiansen is already convinced his client is guilty and is now just looking for some technicality that will save his client from the firing squad?
Bump for later.
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