Government withholds evidence to imprison another soldier. The forensic findings alone doesn't support 1st Lt. Behanna's conviction.
This is more evidence of the eviscerated JAG corp using rules from the Saul Alinsky "play book". Persecute, prosecute, demonize, demoralize, and falsely convict citizens, in this case an Army Officer.
On March 20th, 2009, 1st Lieutenant Michael Behenna was sentenced to 25 years in prison for killing a known Al Qaeda operative while serving in Iraq. The “victim”, Ali Mansur, was known to be a member of an Al Qaeda cell operating in the lieutenant’s area of operation, and was suspected to have organized an attack on Lt. Behenna’s platoon in April 2008 which killed two U.S. soldiers and injured two more. Army intelligence ordered the release of Mansur and Lt. Behenna was ordered to return the terrorist to his home.
During the return of Mansur, Lt. Behenna again questioned the Al Qaeda member for information about other members of the terrorist cell, and financial supporters. During this interrogation, Mansur attacked Lt. Behenna, who killed the terrorist in self-defense. The government subsequently prosecuted Lt. Behenna for premeditated murder.
Not only is this a miscarriage of justice on the behalf of Lt. Behenna, who was acting to prevent further loss of life in his platoon, it is demoralizing to the U.S. troops who continue to fight on behalf of the freedom and security of our nation. Whether it is U.S. border patrol agents, members of the armed forces, or FBI agents, no individual who is serving on the frontlines in the War on Terror should be so blatantly mistreated.
We urgently need your help to correct this terrible wrong against a loyal and faithful soldier. Please contact your congressman and ask them to intervene on behalf of 1LT Behenna. Below is a brief recap of the relevant aspects of Lt. Behenna’s case.
- September 2007: 1st Lieutenant Michael Behenna deployed to Iraq for his first combat experience
- April 21, 2008: Lt. Behenna’s platoon was attacked by Al Qaeda operatives. The attack resulted in death of two of Lt. Behenna’s platoon members, two Iraqi citizens, and wounded two additional soldiers under Lt. Behenna’s command.
- May 5, 2008: Known terrorist Ali Mansur was detained at his home for suspected involvement in the attack on Lt. Behenna’s platoon
- May 16, 2008: Army Intelligence orders the release of Mansur
- Lt. Behenna, who lost two members of his platoon just weeks earlier, was ordered to transport Mansur back to his home
- Lt. Behenna attempts a final interrogation of Mansur prior to his release
- During the interrogation, Behenna is attacked by Mansur and is forced to defend himself. During the altercation, the terrorist is killed.
- Lt. Behenna failed to properly report the incident
- July 2008: The U.S. Army charges Lt. Behenna with premeditated murder for the death of Al Qaeda operative and terrorist Ali Mansur.
- February 23, 2009: Lt. Behenna’s trial begins
- Government and defense experts agree on the trajectory of the bullets killing Mansur
- Prosecution expert Dr. Herbert MacDonnell initiated contact with defense attorneys explaining his agreement with the testimony of Lt. Behenna and his presentation to prosecutors supporting Lt. Behenna’s version of events.
- Dr. MacDonnell is not called to testify in the case
- Jack Zimmermann, defense counsel, asks prosecutors if they have any exculpatory evidence that should be provided to the defense (referring to Dr. MacDonnell’s demonstration). Prosecutors deny having any such evidence.
- Prosecutors withholding of this evidence allowed them to argue that Lt. Behenna executed Ali Mansur while seated when the forensic experts, including Dr. MacDonnell, agree that Ali was standing with his arms outstretched when shot
- Lt. Behenna is convicted of unpremeditated murder and assault.
- Dr. MacDonnell contacts prosecution requesting that the information provided in his demonstration be given to the defense.
- Prosecutors provide such information after a verdict was rendered, but prior to sentencing.
- At the request of the presiding judge, Dr. MacDonnell provides his information to the court via telephone
- The judge orders both sides in the case to file briefs relating to a possible mistrial
- After reading the briefs the judge set an additional hearing and ordered additional briefs, including one from the defense requesting a new trial.
- On March 20, the judge denied defense motions to declare a mistrial and to order a new trial
- Lt. Behenna’s attorneys are appealing the verdict
- Lt. Behenna is currently serving a 25-year sentence