Ex-Army Private Could Get Death Penalty For Rape, Murder In Iraq

In what many abroad bill as a war crimes trial, Steven Green, formerly a private in the U.S. Army 101st Airborne Division, 502/1, Bravo Company has been found guilty on all 16 counts including conspiracy to murder and rape, four premeditated, felony murders with a firearm, aggravated sexual assault, and obstruction of justice in the murder an Iraqi civilian family of four. On Thursday, May 7, these convictions from a Paducah Kentucky jury of nine women and three men opened Green to the death penalty.

Sentencing will bring reporters in from all over the world due to the high profile of this ethnic hate crime and what many around the world consider a war crime. Involving a possible death sentence, this case will also bring vehement protests. Moreover, the case sets U.S. legal precedent because acts taken during war time were judged by a civilian federal jury with the full cooperation and approval of the U.S. military.

As has now been proven beyond a shadow of a doubt, Green conspired with four other U.S. Army 101st Airborne Division Infantry soldiers in finding an Iraqi civilian family to rape and kill.

Green changed out of his U.S. Army combat uniform and into a black "ninja" outfit as he and four other soldiers--a sergeant and three privates--by prior arrangement deserted their Army checkpoint Yusufiyah, an isolated village southwest of Baghdad. While one posted guard, Green and three of the others then attacked an Iraqi couple and their two daughters in their home. Green herded the couple and their six-year-old child, Hadeel, into one room as Sergeant Paul Cortez and Privates James Barker and Jesse Spielman pulled the 14-year-old daughter, Abeer, who was dressed in a burka, into another room by her hair. Armed with an AK-47 and a shotgun, Green first shot the father, Qassim Hamza Raheem, as he tried to defend his wife and youngest daughter, then the mother Fakhriya Taha Muhasen, as she too tried to shield their little girl. Then he killed 6-year-old Hadeed by shooting her in the face. Meanwhile, as Spielman still in uniform and idly watched, Barker and Cortez dressed in black ninja clothes raped a sobbing, screaming, struggling teenage Abeer. First Barker pinned the 14-year-old's arms to the floor with his knees and hands as Cortez raped her, then they switched. Joining them, Green raped or attempted to rape Abeer before shooting and killing her. Afterward the four burned Abeer's dead body. Speilman threw blankets on the fire to make it hotter until there was nothing but thick char, leaving only a hand. The four tried to burn down the al-Jabanis' house in order to destroy evidence of the crime. Then, changing back into uniform, they returned to their post as though nothing had happened. When frantic relatives reported the burning house and bodies to the U.S. checkpoint, Cortez, a sergeant, covered it up by joining in the first perfunctory U.S. Army investigation which blamed the rape, four murders and arson on "insurgents."

Green bragged about it, standing on a cot at the forward operating base saying, "That was awesome!" He later, more soberly, admitted the crimes to enlisted men, friends at home and another sergeant, Anthony Yribe. Taking full blame, Green said that he was the only one involved. Although Sgt. Yribe knew what had happened because he had helped Cortez investigate the al-Jabani house on the day of the crime. Yribe did not report the conversation to his commanding officers and hurried Green out of the U.S. Army and out of Iraq.

Meanwhile, al-Qaida operatives in apparent retribution kidnapped two members of the 101st Airborne who had nothing to do with the rapes and murders. The men were tortured, beheaded, their bodies dragged through the streets and their heads played with while videotaped. Those tapes were briefly on the web where they were seen by other members of the distraught and enraged 101st Airborne.

Justice on some levels was swift. As the story of the al-Jabani family killings leaked out, the U.S. military itself arrested, tried and convicted the first four perpetrators, sentencing them to 110 years (Speilman) 100 years (Cortez), 90 years (Barker) and 27 months (the look-out, Howard) respectively. Yribe who covered up the crime and shipped Green back to the United States, got him out of the military and thus beyond military jurisdiction, was dishonorably discharged. The al-Malaki government in Iraq captured and beheaded the leader of the al-Qaida unit that tortured and beheaded the two U.S. soldiers.

The long arm of U.S. law reached out from Iraq for Steve Green. As Army investigators contacted their civilian counterparts, a U.S. Federal Bureau of Investigation (FBI) agent aided by U.S. Army Criminal Investigation Division (CID) immediately tracked Green down. Green, after three years of legal maneuvering, was taken before a civilian federal jury in Paducah Kentucky near his former military home base, Ft. Campbell, nine days ago.

That the crimes occurred and that Green was the trigger man in a deliberate atrocity was never at issue. They did and he was--those facts had come out in trials of the other four men in 2006. The only legal questions were whether it was a conspiracy, Green's level of involvement in the rape, whether Green had tried to hide his crimes, and, according to the defense, the war's affect on Green's state of mind.

On the conspiracy charges, the defense argued that conspiracy is more than just a discussion, it is a deal. Barker and Cortez made a deal that Sergeant Cortez would participate if he were given the "privilege" of attacking the girl first; but the defense attorney said, "all Green wanted to do was kill" and therefore the defense said, there was no deal with Green. The prosecution rejoined that Barker, Green and Cortez had made a detailed plan to rape and murder and carried it out--changing clothing, leaving their post, walking to the house through backyards, cutting fences, committing the acts, then as planned covering evidence. That was a deal with Green, carried out with precision.

There were four possible levels of guilt in each killing--murder in the second degree, which may not be met by the death penalty, and three types of "capital" murder, which may result in the death penalty: premeditated murder, felony murder--that is, murder that accompanies another felony like rape--and murder involving a firearm. The prosecution argued that all four of the murders that Green admittedly committed involved weapons (either the AK-47 or the shotgun), that they were premeditated, and were committed in tandem with another felony, rape. Lead defense counsel argued that only the other perpetrators saw Green rape Abeer and that the testimony of three convicted felons should be discounted. He also pointed out that since their testimony was that Green had tried to rape without succeeding, he had not killed her in the course of committing another felony. Prosecution replied that even attempted rape is a felony. On obstruction of justice, the defense argued that far from trying to hide the crimes, Green confessed repeatedly to a sergeant, other enlisted people and friends. The prosecution pointed out that when Speilman opened the door to the bedroom where three of the killings had just occurred, he saw Green frantically searching for a spent shotgun shell. Green pitched the AK-47 in a canal. Green's sober reflection after the fact do not mitigate the point that Green at first made every attempt to cover up his crimes.

On each count, the jury of nine women and three men chosen from the pool by both the defense and prosecution attorneys came to a unanimous decision. Steven Green was found:

• Guilty of conspiracy to commit murder and conspiracy to commit sexual assault.

• Guilty of sexual assault and the aggravated (by another felony) sexual assault of Abeer Qassim Hamza, 14.

• Guilty of premeditated, felony murder with a weapon in the death of Fakhriya Taha Muhasen, 34. That is a capital crime; Guilty of premeditated, felony murder with a weapon in the death of Qassim Hamza Raheem, 45, a capital crime. Guilty of premeditated, felony murder with a weapon in the death of Abeer Qassim Hamza, 14, a capital crime, and Guilty of premeditated, felony murder with a weapon in the death of Hadeel Qassim Hamza, 6, a capital crime.

• Guilty of arson.

• Guilty of obstruction of justice--hiding evidence.

Some of the defense's arguments will come back up in sentencing because they raise unanswered questions. Foremost among these is what role the war and a lack of responsible command played in the crime?

Reporters saw Green almost immediately after his original arrest and his physical state is a matter of record. According to AP reporter Brett Barrouquere, who has followed the case closely since 2006, Green was so "thin and hollow-eyed" that he looked close to death. Although the defense originally contemplated an insanity plea, Barrouquere reports, after Green was evaluated by four psychiatrists, that plea was not made--the implication being that whatever was wrong with Green, he was not insane in the legal sense. He could understand the difference between right and wrong.

In court, the prosecutor pointed out that the acts against the al-Jabani family were not unthinking violence committed in the heat and fog of battle but crimes pure and simple, "planned, premeditated, celebrated, covered up: committed in cold blood." The U.S. has had over 100,000 troops in Iraq since 2003, and many had testified in this case as witnesses for both the prosecution and the defense. Several of these soldiers clearly suffered from Post-Traumatic Stress Disorder [PTSD] and yet the prosecutor argued, "they all know where the line is."

Why didn't Green? While Steven Green may not be legally insane, these are not the acts of a normal human being. What is wrong with him? Have others like him simply been booted out of the military and shipped back to the States?

As I have previously reported, in return for testifying, the prosecuting attorney offered to help Speilman, Cortez and Barker--who were sentenced to 110,100 and 90 years respectively--secure a reduced sentence where they would be released after seven years, putting them on the U.S. streets by 2013.

Sentencing is scheduled at the federal courthouse in Paducah. Members of Steven Green's family say they will be there to speak of the Steven they knew before the war and ask mercy. Relatives of the murdered al-Jabani family of Iraq will be there to speak of Abeer and Hadeel and ask for the death penalty. Europe will condemn a death penalty in this case as barbaric; Middle Eastern countries will expect it. Protestors will try to block it. Where will U.S. civilian and military opinion come down on that issue and what will the judge and jury in Paducah, Kentucky choose to do?

Comments

[BobSacomano]

Wait a minute....­..the others are getting maybe 7-13 years (probably less than 7)? They ALL participated in this psychopathic murder/ rape...wha­t the he!!????

[AmandaLS]

I suppose that if it were my loved one killed I would want the death penalty for the person who committed the crime. However something about punishing someone with the death penalty seems to be no better then the criminal that committed such horrible acts. I feel that it is stooping to their level to act with the same calusness, and hatred. The death penalty is not a detourant in most crimes, people continue to kill without caring much about this law. However Europe is a bit too strict with no death penatly because people know they can get away with horrible things and not get killed for it. So I am personally torn in my opinion of the death penalty, but lean more towards it is not a good idea. I personally think that you should let these horrible monsters sit in a prison cell forever and suffer, let them think about the bad things they have done and let their demons consume them. Hopefully they are smart enough to realise that poor desicions and choices in life ruined not only the lives of their victims but their own.

[AmandaLS]

I am in no way defending Green or the others involved in this case. I am simply saying that their mental health should be monitored better in a war zone, they should be sane enough and watched closely enough that things like this never happen. Some troops get so stressed out that they freak out on all people that fit anything that to them may resemble the "enemy" in their minds, we can see this in some "shell shocked" Vietnam vets. There should be some medical leave for troops that display any unusual traits in their personality that can cause them to harm themselves or others. This is a shame. I also a think that a 27 month sentance for Howard, the lookout is not enough time. This man was sent to a country to be honorable and help the Iraqi people, but instead he assisted in the horrible murders of an entire Iraqi family by guarding the post so to speak and did nothing to stop them, he did not allert higher military officials, he did not decline involvment, he is just as much at fault as the rapist murderers in this case. As for the death penalty issue, that is another can of worms. While the death penalty is favored by Islamic countries, Iraq being the one since their citizens were killed in this case, and the US, the death penatly as a whole is something that does not sit too well with me.

[AmandaLS]

This case is attrocious. Many things need to be addressed in cases like these. The first issue I think is that the soldiers involved should be tried in a Military court and not a civilian court. The crimes were commited while fighting a war in another country as US military personel. I can think of other crimes committed in the states that were tried in military courts because the parties involved were in the military. Military law is much stricter and the punishments are much harsher, therefor I feel that the crime suits the method of trial as well as the punishment. This was not a civilian crime and should not be judged as one. The second issue is the insanity issue. Green may be "Sane" according to medical records, but some people use the temporary insaniyt plea to their benefit and the terms that define temporary insanity seem to be applicable in this scenario. PTSD is a serious problem as well with the troops in both Iraq and Afghanistan, they need to recieve better care for ptsd and not have that medical condition either ignored or documented as a lesser illness, which is often the case in order to reduce the amount of money that is dispursed to wounded (mental and physical) troops.

[winningticket]

Maybe they should to him what was done to "Alex" on the movie, "A Clockwork Orange". Give him a chance at freedom if goes through a radical behavioral experimental reform program that makes him physically ill at the thought of violence.

[stargazer13]

all of this because a man named Bush wanted a preemptive war on a country that had never threatened us

war = uncivilized behavior

my heart goes out to both families they have both been ruined because of a man named BUSH

[kitkatborn]

I am just glad that I do not have to serve on the sentencing jury. My love goes out to all involved, including Steven Green. Some where along the way, he lost his humanity. This is a testament to what war does to people. And more importantly, what the current military training unleases in people. I have read a number of novels dealing with this scenario lately & I wonder what will happen when some of these guys come home. Incidentally, when I go to the library, I do not have any particular author in mind. And yet I have chosen 5 or 6 books with this plot.

[Cool-headed]

For me the worst thing in this barbaric story is the look of calm pride on his face on the photo. He's obviously proud of what he did. And what's the story with 100 or 90 years in prison that can be reduced to just 13?? This guy will go back out in the streets waaaaay to soon.

[CR46]

A remeditated gang rape of a child and the murder of her family are not normal actions of anybody, soldier or not. It seems you are making excuses for this sub-human.

[americanrevolution]

and We the People concern ourselves with same-sex marriage..­..

[JLee]

Know what the fitting punishment would be? More mercy and humanity than he ever showed his victims. By all means get this man off the streets for life, he's a danger to himself and everyone around him. Death, however, is too swift. Give him treatment, treat him humanely, and rehabilitate him until he is a good man again. Then let him reflect on his crimes for every day of his life, and live with the anguish and regret for every single day that he's alive. Let him realize he can't take any of it back, no matter how he might wish it to the core of his being, even if he wishes he could give his life to undo what he's done. I hope he heals and lives a long, long life regretting that night and the choices he made.

[NPA]

Are you kidding? For shooting an entire family, including a 6 year old in the face?! They need to put this mad dog down, period!

[BobSacomano]

Psychopaths don't live with guilt, they simply feel sorry for themselves, and that's what this guy will do in prison. I'm actually astounded over the light sentences afforded the other cretins in this case as well.

[piul05]

I'm against the death penalty even in heinous crimes such as this; it should be life without any chance of parole. However, it does bother me that, if this is the outcome, he might become some kind of icon for far-right "brotherhoods" inside the jail.

The best solution, in my mind, is for him to serve a life sentence in Iraq - let he spend the rest of his natural life looking over his shoulder.

[aardvark13]

He should be in an Iraqi prison and the minute they found out what he did he would have the death penalty.

[quindy]

The scary part for me is how normal he looks. I wonder if he would have turned into killer if he was not sent to war.

[TruthoverPropaganda]

Talk about naive...pl­ease tell me how rapists and killers are supposed to look like? What about Jeffrey Dahmer? You propably can't believe he was a serial killer and a cannibal because he looked so "normal".

[Yamunation]

exactly. what does 'normal' mean?
Since when do all killers have to have long hair, be deranged, unshaven and unshowered and loners? What does someone''s face - an uncontrollable feature, have to do with anything?

[coollbreezz]

Death is too good for these murderers. No punishment can suffice this crime against humanity.

[davidwayneosedach]

This crime cries out: DEATH PENALTY!

[AmandaSabater]

I really hope he gets the death penalty, this family deserves justice.

[rwext]

any reason that Iraq cannot extradite them and put them on trial?