Posted on 08/02/2011 6:45:36 AM PDT by curth
To the thousands of Michael Behenna supporters,
We are pained to share with you that the Army Court of Appeals has upheld Michael’s conviction and denied him a new trial. The appeal process took over two years (six months longer than is allowed by law) and their ruling was an absolute punch in the gut to justice for a young man who fought so bravely for this country.
Back in March of 2009 the sting of Michael’ conviction was eased somewhat by the knowledge that critical evidence was not heard at trial which made us hopeful for a successful appeal. During the trial, from beginning to end, the military argued Michael executed the al-Qaida cell leader Ali Mansur while he was seated on a rock. But in their appeal brief the military changed gears and argued that it didn’t matter how Mansur was killed because Michael lost his right to self-defense the moment he pointed his weapon at Mansur.
From our experience in the civilian appellate process we felt confident that a review of what had occurred during the trial would uncover the egregious errors committed by the Prosecution and the Trial Judge, including the Brady law violation involving non-disclosure of the PROSECUTION expert witness’s opinion that the forensic evidence supported Michael’s testimony of self-defense as the ‘only logical explanation’ of what occurred in that Iraqi culvert.
However, the twisted logic of the Appeals Court not only agreed with the trial judge, but even introduced language in their ruling that was never even part of the original trial. The substance of this appellate opinion was void of any indication that the facts and issues were really evaluated to a logical legal conclusion. The following quotes used in the appellate opinion are indicative of what the appellate court used as a basis for their decision and should strike fear in every soldier and Marine serving in a combat zone:
Commenting on Michael pointing his weapon at Mansur (a known al-Qaida member who both Michael and Army intelligence believed was involved in the blowing up of Michael’s convoy); "If, confronted by this demonstration of DEADLY FORCE, Ali Mansur, under these circumstances, attempts to turn the very same Glock pistol towards appellant, his assailant, there can be no escalation sufficient legally to excuse Ali Mansur's killing." By this logic every time a soldier points his gun at anyone, whether at a checkpoint or entering a village, they have assaulted those people by virtue of pointing their gun at them and if someone gets shot then they should be brought up on charges of murder. No consideration is even given that this is a war zone.
When confronted with Mansur standing and reaching for Michael’s weapon; "There is no evidence that Ali Mansur made contact with the appellant’s weapon. At that point, the appellant (Michael), in full battle armor, with much of his platoon standing nearby, ready to defend him, did not keep moving to the left away from the victim into the vast expanse of desert, did not shout for assistance, but instead shot the victim two times." So if a police officer in America has his gun pointed at a known killer and that killer suddenly lunges for his gun the police officer’s only option is to turn and run while yelling for backup? Seriously, who comes up with this nonsense! Unfortunately, the entire Appellate opinion was full of this kind of logic.
We are to going to appeal to the final level, the Court of Appeals of the Armed Forces (CAAF), but their opinion will take at least eight months to a year before it is issued. Despite losing the first two rounds to a corrupt and outdated military justice system that refused to guarantee one of the most basic rights that Michael and his men fought for – the right to a fair trial, there is one positive to mention: CAAF is a civilian court that is supposed to be completely removed from all military influence. That is a good thing…for what we have learned through this ordeal is that the Military Justice System is in fact beyond broken. As one article on military corruption put it, ‘Military justice for the majority is prefabricated according to the wishes of the local Commander, and the "trial" or "court-martial" is tantamount to a pre-ordained verdict of GUILTY. How could any court proceeding be considered fair when the "convening authority," by right of title, is given the power to select the judge, the jury and defense and prosecution attorneys? It may go "unsaid," but the implication is very clear - if the convening authority "sees fit" to bring about a court-martial, then the accused can be assumed to be guilty. In the U.S. military, the court-martial conviction rate of 98% "rivals that of Communist China." Innocent until proven guilty" by an "impartial judge" is the right of every American. The military deserves a jury that can seek out the truth without fear of retaliation.’
We want you to know that despite everything that has happened to him over the past three plus years Michael is doing well. In the next week or so we will be sending out a letter that Michael has written to all of you - his incredible supporters who have stood beside him throughout all of this madness. Please continue to contact your Congressional Delegations to put pressure on the Army regarding Michael’s case. And most importantly please continue to write to Michael. All of your efforts have helped us to spread Michael’s story as we promised him we would do when he was hauled away in handcuffs over two and a half years ago. For Michael and the other Leavenworth 10 warriors who are behind bars and the thousands of brave soldiers and Marines who are on the front lines facing an enemy that wants to kill them and a JAG corp that wants to imprison them – THIS FIGHT IS FAR FROM OVER!
Respectfully,
Scott & Vicki Behenna
Proud Parents of 1LT Michael Behenna
www.defendmichael.com
bfl
Wow...
I hope they stand firm. The delay until the next appeal may work to their advantage. If we are lucky, there will be a new sheriff in town.
Note to Army: When a terrorist kills two Soldiers in a particular platoon, and you intend on releasing said terrorist, send an officer NOT CONNECTED IN ANY WAY with the platoon/company of the Soldiers who were killed.
It’s not Rocket Science.....
The DOD needs a top-to-bottom house cleaning, starting at the top. There is only one potential POTUS that can and will do the job: POTUS Sarah Palin.
With a little bit if luck we will have new ROE on 21 Jan. 2013. No more “Mr. Nice Guy”, Shoot First and Ask Questions Later!
This is going to come back to bite Obama.
It will be the Willie Horton ad of the 21st. Century.
Taking what’s said here at face value, I’d wonder why the appellate level would turn out this screwy. Has it been packed by the Bummer administration with ignoramuses (ignorami)? Obama has quite the gift for the tossed monkey wrench.
Might be a travesty of justice, but she is very hard on the military justice system. She assumes these men have no honor.
I suspect the rules of what the judge allowed in for evidence was more at fault than the people that made up the jury.
I can’t get the link to work, where would I get info on why this guy is being charged?
That’s why my son will never join up like his father, 6 uncles and grandfather did. Unless he became a lesbian-communist Latina then his temper would have made a criminal of the PC mentality currently permeating the armed forces.
The democrat quisling party has almost accomplished it’s goal of destruction of the country and asserting a police state. It needed to destroy the economy, takeover education in order to indoctrinate the majority of the country and limit knowledge and finally the destruction of the military effectiveness.
One of the Republican nominee’s campaign promises should be a full pardon for the Leavenworth Ten and any other soldiers ensnared by the pro-Muslim rules of engagement.
“Military justice for the majority is prefabricated according to the wishes of the local Commander, and the “trial” or “court-martial” is tantamount to a pre-ordained verdict of GUILTY. How could any court proceeding be considered fair when the “convening authority,” by right of title, is given the power to select the judge, the jury and defense and prosecution attorneys?”
The premise is false. The CA does not select the judge, the jury (members of the court martial panel are subject to objection for any - or no - reason) or the defense or prosecution attorney. They may have a point in Behenna’s case (I don’t know, having not followed it), but using false data doesn’t bolster their case.
Colonel, USAFR
Meanwhile, the POS Quisling who murdered his fellow soldiers in cold blood at Ft. Hood is still drawing a pay check . . .
Disgraceful army nonsense.
We live in Bizarro World, the upside-down world of liberalism. It’s going to take a purge of the courts, civilian and military as only one of the actions we need to take.
I respectfully disagree about it being a gift. Causing chaos and mayhem is easy even for the small minded. The trick is having the lack of conscience to do it.
Keep trying. The link should work but may be busy. There’s a wealth of information there. One additional bit of irony you might not see is that sometime after this incident, the army issued a “wanted dead or alive” order on Ali Mansur, not knowing he had already been killed. Makes no difference; 1st Lt Behenna is still locked up in Leavenworth.
As you very well know politics and personal vendettas run rampant at the company/battalion level.The CO will do a preliminary investigation. He will interview First Sgt.’s, company commanders, other platoon leaders. Also take into consideration the military is and always has been a “good ol boy” club. If you are well liked and respected you can get away with alot. On the other hand if your a smart ass or pissed off others, well, lots of luck on that one. There is nothing “fair” about how the UCMJ is administered.
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