Yes, there will be a capital court-martial!
The suspense is over. The Army will seek the death penalty against two soldiers for the notorious rape-murder of a young Iraqi girl and her family. Keep in mind that a court-martial proceeds under Article II of the Constitution, not Article III. I will continue to watch this as it proceeds. The implications seem quite large to me on a number of levels. Aside from legalistic considerations, it will be interesting to learn what kinds of mitigation arguments are made if the defendants are found guilty and face the death penalty. Combat stress? Exactly what is combat stress anyway? To be continued.
8 GIs to be tried over killings
The Associated Press WEDNESDAY, OCTOBER 18, 2006 EVANSVILLE, Indiana
Eight soldiers from the 101st Division of the U.S. Army will be court-martialed on charges of murdering Iraqi civilians, the military ordered Wednesday. Two of them face the death penalty for allegedly raping an Iraqi girl and killing her and her family.
The military authorities said they would seek the death penalty against Sergeant Paul Cortez and Private First Class Jesse Spielman in connection with the rape and murder in March of Abeer Qassim Hamzeh, 14, at her family's home in Mahmudiya, south of Baghdad. Specialist James Barker and Private First Class Bryan Howard are also accused in the rape and murders but death sentences will not be sought against them, the military said in a statement.
Four other soldiers face a separate court martial for the alleged murders of three men near Samarra. The rape-slaying case set off international outrage and led to a claim by a group linked to Al Qaeda that it had killed three soldiers of the 101st Division in retaliation. The case also increased demands for changes in an agreement that exempts U.S. soldiers from prosecution in Iraqi courts.
Spielman's attorneys expressed shock that their client faced the death penalty, citing evidence from a hearing in August that indicated he was not in the house when the rape and murders occurred. "Even according to the government's evidence that they're putting forth, Jesse isn't even a principal in murder and rape," said Craig Carlson, Spielman's attorney. "It surprises me that they're treating him like they're treating Green."
Former Private Steven Green, who was discharged for a personality disorder and arrested in North Carolina, will be tried in a U.S. court in Kentucky. In affidavits, Green was described as a central figure in the rape and murders. He has pleaded not guilty to one count of rape and four counts of murder.
posted by John Mathias at 2:54 PM
1 Comments:
Combat stress is a term used to describe the psychological and physical changes that the repeated exposure to combat operations creates in personnel engaged in extreme military operations. Symptoms include sleep loss, nightmares, anorexia, changes in bowel or bladder habits, nausea, vomiting, and fatigue. Mental symptoms include anxiety, fearfulness, wakefulness, a sense of "doom," and fits of rage, or bouts of tearfulness. Memory loss, confusion, and inability to complete simple/complex tasks are also signs of combat stress.
When soldiers are exposed to periods of great stress for extended periods, there is a toll on the body and mind. The loud noises, the sight of dead and dismembered bodies, grievous wounds, and the loss of comrades to death or injury are some common causes of combat stress. Unlike PTSD which can appear days, weeks, months or even years after a traumatic event, combat stress manifests in hours to days. Typically, soldiers are given periods of rest and counseling to work through the emotions associated with the rigors of extended combat operations. I believe extreme combat stress is a mitigating factor, but only in regards to a death sentence versus life in prison if they are convicted.
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