Soldier charged as ringleader in Iraqi rape caught in legal fray

Soldier charged as ringleader in Iraqi rape caught in legal fray no court martial

By RYAN LENZ Associated Press Writer
© 2007 The Associated Press

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— They were convicted one after another — four U.S. soldiers who helped gang rape a 14-year-old Iraqi girl before a fifth among them allegedly killed her and her family in a drug-fueled daze.

In exchange for leniency, each struck deals to testify against the charismatic and troubled private who allegedly killed the family and planted in them the idea of raping the girl.

But the case against former Army Pvt. Steven D. Green, of Midland, Texas, has dragged slowly forward in the 18 months since the allegations surfaced. It’s a pace, military legal experts note, that bears stark contrast to swift prosecutions of nearly every other crime to come from Iraq and Afghanistan.

Defense attorneys and federal prosecutors have fought each other on the reach of federal courts into military affairs, the access civilian attorneys have to classified military evidence and, most recently, what constitutes enough time to prepare for trial.

Judge Thomas Russell only Tuesday set an April 13, 2009, date for trial, in an order entered in Paducah, Ky.

Some legal experts say the delays and infighting suggest challenges ahead in trying the last chapter of what many regard as the worst atrocity committed by U.S. military personnel in Iraq.

“You’ve got some very smart people trying a type of case that they normally don’t,” said Charles Rose, a law professor at Stetson University and former deputy military judge advocate. “Federal criminal courts are designed for paper-driven cases. They don’t do violations of the laws of war.”

Unlike his co-accused, Green, 22, is the only soldier charged in civilian court for the March 2006 slayings, where he faces a possible death sentence if convicted.

Green pleaded not guilty in November 2006 to charges of rape and murder.

Four Fort Campbell, Ky.-based 101st Airborne Division soldiers have since been convicted for their roles in targeting the girl from a checkpoint near Mahmoudiya, a village 20 miles south of Baghdad, and helping rape and kill her. They were given sentences in courts-martial ranging from five to 110 years under agreements with prosecutors.

At the core of Green’s trial is the law used to charge him in U.S. District Court.

The Military Extraterritorial Jurisdiction Act allows prosecutors to try military personnel in federal court if they no longer are in the service and are charged for a crime punishable by a year in prison.

Described as a catchall for the military, the law is used rarely and never before on a high-profile case.

But the law has dissolved Green’s chances of receiving a comparable sentence to the rest if he is convicted, attorneys have argued. Each soldier was charged identically, but those convicted in the military have a chance for parole in 10 years no matter the sentence.

Green faces a minimum life sentence if found guilty, and a maximum death sentence.

While legal experts say disparity in sentencing is not unusual, Green’s attorneys have argued there is a fundamental issue of fairness that is lost by the government’s insistence on trying Green outside of the reaches of the military.

Assistant U.S. District Attorney Marisa Ford has in the past declined to comment on the case. A telephone message from The Associated Press seeking comment was left Tuesday at her Louisville, Ky., office.

Green’s attorney, Patrick Bouldin, declined to comment Tuesday night.

Green, who was also a member of the 101st, had been honorably discharged from the military with antisocial personality disorder when he was arrested by U.S. marshals in June 2006 after attending the military funeral of a friend.

Delays are expected in a federal death penalty case, where proceedings have lasted as long as three years, legal experts say. As an example, it took federal prosecutors two years to convict Timothy McVeigh and sentence him to death for the April 1995 bombing in Oklahoma City.

But Gary Solis, a law professor at the U.S. Military Academy at West Point, remains baffled that prosecuting the Mahmoudiya slayings has lingered when so many other crimes in Iraq have come to a close.

The allegations of rape and murder at the hands of U.S. soldiers in July 2006 enraged the world community, including Iraqi Prime Minister Nouri al-Maliki, who demanded full accountability.

The U.S. military promised justice.

Solis said trying Green in U.S. District Court undoubtedly reflects a political pressure to ensure the most severe punishment for the crime’s alleged ringleader.

“The death sentence is a dead letter in the military,” Solis said. “If tried in the military, Green probably would not be sentenced to death. And if sentenced to death, it’s questionable the sentence would ever be carried out.”