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Soldier gets 90 years in Iraq rape case
Yahoo ^ | 16 Nov.2006 | RYAN LENZ

Posted on 11/16/2006 3:48:05 PM PST by Passionate_about_USA

A soldier was sentenced Thursday to 90 years in prison with the possibility of parole for conspiring to rape a 14-year-old Iraqi girl and kill her and her family.

Spc. James P. Barker, one of four Fort Campbell soldiers accused in the March 12 rape and killings, pleaded guilty Wednesday and agreed to testify against the others to avoid the death penalty.

"This court sentences you to be confined for the length of your natural life, with the eligibility of parole," said Lt. Col. Richard Anderson, the military judge presiding over the court-martial.

Under the plea agreement, Barker got a life sentence but will not serve more than 90 years in prison, Anderson said. He will be eligible for parole in 20 years.

Barker, 23, showed no reaction when the sentence was read. Afterward, he smoked a cigarette outside as a military bailiff watched over him. He grinned but made no remarks as reporters passed by.

Earlier Thursday, Barker wept during his closing statement, accepted responsibility for the rape and killings and said violence he encountered left him "angry and mean" when it came to Iraqis.

"I want the people of Iraq to know that I did not go there to do the terrible things that I did," Barker said, his voice quivering as he began to weep. "I do not ask anyone to forgive me today."

After Barker's sentencing, military prosecutors declined to comment because three other soldiers have yet to be tried in the case. Defense attorneys planned a news conference.

Barker confessed Wednesday to the crimes as part of a plea agreement to avoid a possible death penalty that requires him to testify against the others.

In his closing statement, Barker said Iraq made him angry and violent.

"To live there, to survive there, I became angry and mean. The mean part of me made me strong on patrols. It made me brave in fire fights," Barker said. "I loved my friends, my fellow soldiers and my leaders, but I began to hate everyone else in Iraq."

During testimony intended to show the judge that Barker could be rehabilitated, Barker's fellow soldiers described weeks with little support and sleep while manning distant checkpoints.

Capt. William Fischbach, the lead prosecutor, told the court that such conditions were no excuse for Barker, who led the group to the family's house, and that no one deserved such unspeakable horrors.

"This burned-out corpse that used to be a 14-year-old girl never fired bullets or lobbed mortars," Fischbach said as he held pictures of the crime scene. "Society should not have to bear the risk of the accused among them ever again."

The killings in Mahmoudiya, a village about 20 miles south of Baghdad, were among the worst in a series of alleged attacks on civilians and other abuses by military personnel in Iraq.

The defendants are accused of burning the girl's body to conceal the crime.

Sgt. Paul E. Cortez, 24, and Pfc. Jesse V. Spielman, 22, members of the 101st Airborne Division along with Barker, have also been charged. Cortez has deferred entering a plea, and Spielman will be arraigned in December. Pfc. Bryan L. Howard, 19, also deferred entering a plea at his arraignment in October.

Private Steven Green, 21, pleaded not guilty last week to civilian charges including murder and sexual assault. He was discharged from the Army for a "personality disorder" before the allegations became known, and prosecutors have yet to say whether they will pursue the death penalty against him.

In earlier testimony, Barker described in detail how he raped Abeer Qassim al-Janabi with Cortez and Green before Green killed the girl, her younger sister and parents.

"Cortez pushed her to the ground. I went towards the top of her and kind of held her hands down while Cortez proceeded to lift her dress up," he said. "Around that time I heard shots coming from a room next door."

Howard, Cortez and Spielman could face the death penalty if convicted. Cortez and Spielman are both being held in confinement, and Howard is restricted to post.

Barker did not name Spielman and Howard as participants in the rape and murders but said Spielman was at the house when the assault took place and had come knowing what the others intended to do. Prosecutors on Thursday said Howard had been left behind at a checkpoint.


TOPICS: Crime/Corruption; Foreign Affairs; News/Current Events
KEYWORDS: 101airborne; fortcampbell
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1 posted on 11/16/2006 3:48:07 PM PST by Passionate_about_USA
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To: Passionate_about_USA
Good.

How many US Soldiers have been put in increased danger because of this cabal of monsters?

2 posted on 11/16/2006 3:49:35 PM PST by Wormwood (We broke it. We bought it.)
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To: Passionate_about_USA

Stupid is, as stupid does. You screw up, you pay the price.


3 posted on 11/16/2006 3:49:57 PM PST by EagleUSA (T)
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To: Passionate_about_USA

Bill Clinton was rewarded for serial rape and intimidation with Life. Life-ling pension... Life-long 24-hour protection...


4 posted on 11/16/2006 3:50:49 PM PST by weegee (Remember "Remember the Maine"? Well in the current war "Remember the Baby Milk Factory")
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To: Passionate_about_USA

He's getting off easy.


5 posted on 11/16/2006 3:51:30 PM PST by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: sitetest

I agree. I think he should have gotten the death penalty. What he did (and anyone else who participated) is pure evil.


6 posted on 11/16/2006 3:54:31 PM PST by Passionate_about_USA
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To: weegee
Bill Clinton was rewarded for serial rape and intimidation with Life.

Right. Because the charges against Clinton were equivalent to raping and killing a 14 year old child, then murdering her mother, father, and 6-year-old sister.

A little perspective, people.

7 posted on 11/16/2006 3:55:19 PM PST by Wormwood (We broke it. We bought it.)
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To: EagleUSA

90 years is about right, IMO.


8 posted on 11/16/2006 3:55:20 PM PST by Vn_survivor_67-68
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To: Criminal Number 18F

90 years for this piece of trash.......


9 posted on 11/16/2006 3:56:18 PM PST by Passionate_about_USA
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To: Passionate_about_USA

Feel no pity for these guys. They do not represent our great soldiers or Marines, just some thugs using the war as an excuse to commit this horrible crime. Save your good words for the great men and women who serve our country admirably and deserve all the credit we can give them.


10 posted on 11/16/2006 3:57:19 PM PST by June Cleaver (in here, Ward . . .)
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To: sitetest

Getting off easy is right.

"Rape case"?????

This SOB killed a 5 year old child so he could rape, kill, and burn a 14 year old child, and then killed other members of the family.

Rape case my ass-this guy was a sick dirty scum child rapist and murderer who has put our forces in danger by his actions. He should be executed, preferably after letting the remaining family members have some alone time with him-then whats left should be hung.


11 posted on 11/16/2006 3:58:00 PM PST by icwhatudo (The rino borg...is resistance futile?)
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To: icwhatudo

Dear icwhatudo,

Yeah, I'm with you.

I'm generally in favor of giving the death penalty to folks who rape young girls, and then kill them and their families to cover up the crime.


sitetest


12 posted on 11/16/2006 3:59:22 PM PST by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: Passionate_about_USA

He should hang.

As it is, I hope his 90 years is served out in the general population. in an Iraqi prison.


13 posted on 11/16/2006 3:59:26 PM PST by RedStateRocker (Nuke Mecca, Deport all illegals, abolish the IRS, ATF and DEA)
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To: Passionate_about_USA

Shameful.

There are soldiers who we have instinctively defended against charges that have seemed unfair or fraudulent. There are others who we have not defended outright, but whose actions deserve to be viewed with some understanding.

And then there are these monsters. In another era they would be put up against the wall and shot.


14 posted on 11/16/2006 3:59:46 PM PST by marron
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To: June Cleaver

I have a total of ZERO pity for them, thanks.


15 posted on 11/16/2006 4:00:34 PM PST by Passionate_about_USA
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To: Passionate_about_USA

As long as he serves the whole term.

No Parole for the creep


16 posted on 11/16/2006 4:00:35 PM PST by hattend (Carpe Macaca)
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To: Passionate_about_USA

He should have hanged.

And zero possibility of parole.


17 posted on 11/16/2006 4:07:24 PM PST by angkor
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To: hattend

Soldier grins and confesses to rape

Fort Campbell, Kentucky: One of four US soldiers accused of raping a 14-year-old Iraqi girl last spring showed little remorse and even smiled during a confession to charges he conspired to kill her and her family.

Even before the hearing on Wednesday to announce a plea agreement, James P. Barker, 23, slapped hands with other soldiers and grinned as he smoked a cigarette in the rain. A bailiff scolded him.

And when he described for the judge the assault in his own words, he gave vivid details of the rape with a deadpan delivery.

"That's pretty much all I have to say," Barker muttered with a shrug after describing raping the screaming girl. Barker agreed to plead guilty to the charges to avoid the death penalty, his civilian attorney David Sheldon said.

http://www.gulfnews.com/world/U.S.A/10083150.html


18 posted on 11/16/2006 4:08:09 PM PST by jmc1969
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To: jmc1969

what an evil prick


19 posted on 11/16/2006 4:09:52 PM PST by hattend (Carpe Macaca)
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To: RedStateRocker

exactly what I was thinking..That would be justice.


20 posted on 11/16/2006 4:13:57 PM PST by Michael Barnes (May Satan grip the souls of those with American blood on their hands)
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