Army Officer Denied Retrial Despite Expert's New Testimony

newsmax.com ^ | March 21, 2009 | Nat Helms Article

[kellynla]

A military judge Friday refused to throw out Army Lt. Michael C. Behenna's murder conviction despite an 11th-hour claim by the prosecution’s own forensic expert that the infantry officer is likely innocent.

A military court on Feb. 27 found Behenna guilty of murdering al-Qaida operative Ali Mansur Mohammed in Iraq on May 16, 2008 during a field interrogation. Behenna, 25, an infantry platoon leader in the 101st Airborne Division, maintains the shooting was in self-defense.

The seven-member panel that convicted the young officer rejected that claim, but new information indicates the court may not have heard the whole story. On the day the verdict came down, the government's own forensics expert, Dr. Herbert L. MacDonell, told Army prosecutor Capt. Meghan M. Poirier that he had changed his mind and now believes Behenna killed Ali Mansur in self-defense.

In a letter dated February 27, 2009, MacDonell told Poirier he was “concerned that I did not testify and have a chance to inform the court of the only logical explanation for this shooting.”

“From the evidence I feel that Ali Mansur had to have been shot in his chest when he was standing. As he dropped straight down he was shot again at the very instant that his head passed in front of the muzzle,” MacDonell wrote. “It fits the facts and I can not think of a more logical explanation.”

The Army lawyers prosecuting Behenna had a legal duty to reveal such “exculpatory evidence” that could clear Behenna to the defense and failed to do so, Behenna’s lawyer Jack Zimmermann tells Newsmax.

Military prosecutors could not be reached for comment.

Behenna has already begun serving a 25-year sentence for unpremeditated murder. He will eventually be transferred from Kentucky to the Ft. Leavenworth Disciplinary Barracks in Kansas.

[kellynla]

ping

[coloradan]

I didn’t know murdering Al Qaeda was illegal. If it is, there are a lot of people who should be tried and convicted.

[Oldpuppymax]

Of course had the terrorist shot our kid, it would have been perfectly acceptable and the ACLU would have rushed to his defense. There is something radically wrong in this nation. The question is how long the American people will “shrug!”

[Anti-Bubba182]

The Army lawyers prosecuting Behenna had a legal duty to reveal such “exculpatory evidence” that could clear Behenna to the defense and failed to do so, Behenna’s lawyer Jack Zimmermann tells Newsmax.

That is true. The prosecutors are sucking eggs if they withhold “exculpatory evidence”.

[kellynla]

“I didn’t know murdering Al Qaeda was illegal. If it is, there are a lot of people who should be tried and convicted.”

WRONG!

There are many American Soldiers, Sailors, Airmen & Marines, including yours truly, who have “killed” the enemy in war BUT 99.9% never “murdered” anyone. There is a HUGE difference in killing the enemy & murdering the enemy.

Semper Fi,
Kelly

[Yorlik803]

Breaker Morant, call your office.

[Just A Nobody]

Nat Helms Ping

[SandRat]

Miliary Court of Appeals time

[JDW11235]

While it is going to be very hard to point it out to some people, you are absolutely correct.

[freema]

armymarinemom ping

[xrmusn]

Madness!..Madness! Madness!
Major Clipton at the end of “Bridge on the River Kwai”

We are self destructing .....

[armymarinemom]

Do you know of anyone who is working on this? Merry Pantano’s org sounds like it has it’s hands full with the Marines.

[brushcop]

You’re terminology is wrong coloradan, watch it. I don’t appreciate the inference.

Vet and combat Infantryman’s dad

[jimtorr]

If the story is accurate, Zimmerman should already be planning an appeal.

[mountainlion]

So lets see if I have this straight. Officer confronts ali Manure and the Ali Manure has the choice of surrendering and going to Club Gitmo or going to Alla. US Officer goes to court and gets sent to Levenworth over protest of innocents.

Right is wrong, cold is hot, up is down.

[JDW11235]

Light for darkness, bitter for sweet?

[Polybius]

I didn’t know murdering Al Qaeda was illegal. If it is, there are a lot of people who should be tried and convicted.

There is a huge difference between "killing" and "murdering".

For example, "killing" was the case when that man saved John F. Kennedy's life. Just as the potential assasin, I forget his name, had Kennedy in the sights of his rifle, the hero burst into the room at the Dallas School Depository and shot the would be assasin dead. As you recall, he received the Congressional Gold Medal for his heroic act.

"Murdering" would have been if our hero had, say, shot the assasin after he killed Kennedy and was already in custody. If that had happened, he would have ended up in prison for murder.

Self defense makes the shooting justifiable.

"He was al Qaeda" or "He assasinated JFK" does not.

If the dead man was al Qaeda, he might have divulged valuable information under interrogation that would have prevented an attack that later took American lives or helped round up other al Qaeda operatives. Dead men, however, don't talk and takes their information to the grave.

[RaceBannon]

It is one of the reasons I hate Bush now. His admistration allowed this crap to go on, and these men have even less chance to get exonerated with Obamanazis in power

[Uri’el-2012]

You’re terminology is wrong coloradan, watch it. I don’t appreciate the inference.

Vet and combat Infantryman’s dad

No sugar in your coffee this morning ?

Veteran & son of a WWII Officer.

All of my uncles served in WWII as well.