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Steven Green Trial: A Bargain to Let War Criminals Go?

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As the jury deliberates in federal court in Paducah, Kentucky, the spotlight is on defendant ex-U.S. Army Private Steven Green, but that leaves the other four soldiers involved in his crime in the shadows. The four are serving time, with quite long sentences in three instances -- 110 years [Pvt. 1st Class Jesse Spielman,] 100 years [Specialist Promotable Paul Cortez] and 90 years [Specialist James Barker.] Green's defense attorney however pointed out in closing arguments that federal prosecutors offered them help in getting out on parole in seven years if they testified against Green. An average sentence reduction of 90 years for cooperation is one sweet deal, especially in this case.

In prosecuting the hate-crime slaughter by U.S. soldiers of the al-Janabi family in Iraq, and the gang rape of the teenage daughter, the five men are in federal custody; by the evidence, there is no question that the crimes occurred nor that it was these men who perpetrated them. Should any of the four men already sentenced be so quickly freed in order to nail the fifth, Green -- especially if he has already confessed?

Green was the killer, no question. An obviously disturbed soldier who reportedly wore his pants torn to partly expose his genitals, he was so enraged by the deaths of ambushed U.S. soldiers that he kept shouting that he wanted to kill Iraqi civilians. He was called a "virus" by others in the platoon because his fury seemed contagious. Using an AK-47 and a shotgun, Green shot the father as he tried to shield his wife and youngest daughter, Hadeel; next he shot the mother as she too tried to cover Hadeel with her body; then he killed the cornered six-year-old with point-blank shots to her face. Going into the next room, he then joined in the gang-raping of 14-year-old Abeer before killing her. A few weeks after the killings Green dropped a puppy off the top of a building, and finding it still alive, burned it.

However, while Green is portrayed as the "ringleader," there is an argument that it was actually Barker. Barker by his own admission picked the al-Janabis to attack because he wanted to rape Abeer. Determined to leave no witnesses, he was prepared to kill the family, but enlisted Green's help by promising him that he could be the trigger man. Barker next went to Paul Cortez, who having just been aproved for sergeant's stripes was their non-commissioned officer [NCO.] Nothing had at that point happened to the al-Janabi family. They were alive and it was just a sick plan. Yet far from talking the two enlisted men out of the proposed crime, let alone alerting higher ups, almost-Sergeant Cortez decided to join in, insisting that he get the "privilege" of raping Abeer first. Barker made that deal. Private Jesse Spielman went with them and Pvt. Bryan L. Howard was posted as a guard.

While Green was shooting the parents and younger sister, Barker with his hands and knees pinned the arms of the sobbing, struggling and screaming Abeer to the floor while Cortez pulled off her stockings, lifted her dress, brutally forced her legs apart and raped her. Next they switched so Barker could have "his turn." Then Cortez held her down for Green. After Green killed her, they with Spielman burned her and tried to burn the house down. But complicity does not stop there. Investigating the crime, Sgt. Anthony Yribe of the 101st Airborne entered the house with Sgt. Cortez and was amazed to see Cortez begin violently retching. He entered the bedroom where the parents and little girl lay dead and spotted a spent U.S. military shotgun shell. With Cortez, he suppressed the evidence. Green spontaneously confessed (initially bragged about) the crimes to Yribe, but instead of turning Green in, or officially noting the confession of gang rape and multiple murder, Yribe pushed Green out of the Army with an honorable discharge and back into civilian life in the United States, with a personnel file noting "antisocial personality disorder."

When all this was discovered, Yribe was dishonorably discharged. Howard the guard got 27 months. Speilman who helped burn the dead teenager and the home, but unlike Cortez and Barker played no direct part in the rape -- and unlike Green had not taken part in the killing -- got the longest (110 year) sentence simply because the others had pled guilty and he contested. Green ended up in the civilian federal court system, and in 2009 got a jury trial in Paducah Kentucky which just wrapped up. The verdict is expected at any moment. And, if beneath the fog of the Green trial the sentences of Spiellman, Barker or Cortez are reduced to seven years, they will be out on U.S. streets in 2013.

This story is continuously unfolding. For an updated explanation of the murders, based on the most recent testimony, check Part I.
Part II covers the trial outcome and the officers who got away.


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As the jury deliberates in federal court in Paducah, Kentucky, the spotlight is on defendant ex-U.S. Army Private Steven Green, but that leaves the other four soldiers involved in his crime in the sha...
As the jury deliberates in federal court in Paducah, Kentucky, the spotlight is on defendant ex-U.S. Army Private Steven Green, but that leaves the other four soldiers involved in his crime in the sha...
 
 
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02:21 PM on 05/08/2009
I thought there was no parole in federal prison.
07:27 AM on 05/08/2009
Lets all thank Ole W for ensuring that there will be terrorist for decades to come with the actions of these cowards..um I mean soldiers and the torturers and the many more who are flying under the radar and have not been caught. I wanted so hard to try to agree with Obama to lets move on and not look to the past but I can not turn a blind eye to this, I feel that everyone from Bush on down the line should be rounded up and locked up and then throw away the key. In fact, I feel so strongly about this issue that if this admin does not prosecute these bas-tards that come 2012 I will do all that I can to see to it that Obama does not get re-elected. This is completely unacceptable, America is supposed to be so much more than this crap, is this what we as a nation have become? I have seen more honor in South Central L.A. between the crips and the bloods. Please no more, no deals, no reduced time, no time off for good behavior, just round em all up lock em up throw away the key and forget about em.
05:36 PM on 05/07/2009
He has just been found guilty on all counts! Very good.
RIP Abeer.
04:34 PM on 05/07/2009
He should get the harshest sentence.
If we are to believe that soldiers risk their lives to protect us, these stories of Abu Graib, and rape and murder doesn't help. Our soldiers in Iraq are supposed to help protect the people there, not murder and rape them.
04:28 PM on 05/07/2009
So much for these soldiers but what about the rest that condoned or participated in the many events like is depicted here http://forum.prisonplanet.com/index.php?topic=69246.0%3Bwap2

My guess is America is going to carry the burden of the Bush years around for centuries as there is just so much the outside world knows that ordinary Americans haven't seen or heard.

When 60% of country feels there shouldn't be any criminal investigation or prosecution for the atrocities and war crimes committed they are in fact condoning what has happened and obviously wouldn't object to a repeat of these past 8 years. SAD!
04:15 PM on 05/07/2009
This whole thing has reeked since day one, but I can't decide which part is stinkiest. Soldiers slapped on the wrists for war crimes, uranium munitions (also a war crime) that will leave Iraq radioactive for generations, torture, massive government giveaways to their politicians' own companies, coverups, corruption of all stripes, and on and on. All in the name of a war on religious extremeists who do cocaine and hang out at strip clubs (sounds more like hired mercenaries than religious zealots), whose collaborators work out of caves and outsmart the automatic missile defense shield so as to fly something into the most heavily guarded building in the world.
I hope these guys get some pshcological treatment while serving their full sentences- - I'm not saying they are the only ones to blame, but they were representing America and were supposed to be winning hearts and minds, instead they made things infinitely worse for the Americans they were supposed to be protecting AND the Iraqis they were supposed to be liberating.
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03:44 PM on 05/07/2009
Everyone knows that gangrape and murder is fine when done by our good ol' boys in uniform...he'll get a token sentence if he's unlucky, but countless others have got away with it without it rising up the news agenda.

The standards of the military (high for the majority of members) are often compromised by the deception that follows when a soldier does something truly horiffic.
03:32 PM on 05/07/2009
It's scary to think that some of these men could be out walking our streets in a few years.

None of these men should be able to see the light of day again. And Sgt. Anthony Yribe should be charged for his role in this dispicable crime. He participated in the cover up, he is just as guilty as the others IMO.
03:19 PM on 05/07/2009
I'll kick out the chair.
03:09 PM on 05/07/2009
It's a travesty of justice if Speilman, Barker & Cortez's sentences are reduced to 7 years -especially since Green had confessed. None of them should see the light of day for this horrid crime.
And, btw..Thank you to the writer for such a clear and honest account of the story - good writing!
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truenortherner
All will be revealed
02:39 PM on 05/07/2009
I'm going to get lambasted for this but: The way I see it, if you institutionally train people to kill, give them weapons and set them loose with the expressed support of God and the nation ... you can pretty much expect them to perform other immoral acts too.

In my view, it is a small step from taking a life in battle to murder or rape.

We have a volunteer military. Anyone who willingly signs up does so for the 'romance' of killing. I do not for one minute fall for the patriotism premise ... that is a side-line - a justification for joining, not the fundamental reason.
The horrors of war may certainly have been an exacerbating factor to this horrific event but the deep-down truth is that these people had, in my mind, a predilection for this type of thing. If that were not the case, there would not be so many cases of this sort of thing worldwide. In this case, the chain of command clearly broke down - not because of poor policy but because this is the nature of the beast.
04:40 PM on 05/07/2009
War and its training certainly takes ordinary people and turns them into something more fierce. I can't imagine anyone seeing what they have seen, and possibly killing many people during war, can be normal.

I don't think people sign up for the "romance" of killing. Seems like it's a variety of reasons. Some people think it's noble. Some people have no other plans after high school, and this is pretty decent room and board. Some people want to feel macho. Some people simply want to put in a few years to get college paid off later on. If people feel they are there to protect their country, I think that feelings comes after the training, and they realize they have a bigger mission than what they expected. And they may not be prepared, and are acting out.

However, the army certainly doesn't emphasize individuality, and so that may be another reason this occurs. They feel like invisible people fighting a war they may not even know why it's being fought. What 18-year old kid who enters the army, knows all the details and reasons why we are really there? They're told to go, and they go.
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HUFFPOST SUPER USER
klmebane
12:02 AM on 05/12/2009
"We have a volunteer military. Anyone who willingly signs up does so for the 'romance' of killing"

as a former marine i have to take issue with that. its true, some people join to kill, but many more join for a whole host of reasons among which are college money, job training, travel, to accomplish something many people can't or won't, to learn discipline and self respect, and yes even patriotism. my own reasons were college money and travel.

not every person who joins the military sees combat and not every person who joins has a predilection for violence. i knew lots of people who joined because most of the people in their family served and they felt obligated to do so as well. i agree with your statement about training people to kill with the express support of god and the nation, but i do draw a distinction between being shot at and shooting back and murdering someone in cold blood just because you can or you think it is fun. i'm not saying that those people aren't in the military, but i am saying that they are a much smaller percentage. if you've never served in the military or wanted to join how can you possibly speak to the motivations of others for doing so?
02:26 PM on 05/07/2009
A few Bad Apples? Bullshit! The entire Iraq war was a rape and massacre from beginning to end. That might as well have been Cheney, Bush, Rumsfeld and the entire slew of Neocons raping and slaughtering that family. I am so disturbed and sickened that I don't know what do do with myself right now.
02:57 PM on 05/07/2009
Perhaps you should go to Irag and/or Afghanistan and observe what is occurring, that way you would know that it is not government policy to engage in rape and the massacre of civilians. Judging from the 300 years assessed to these criminals thus far, there can be no doubt that this type of behavior is not condoned by the government, whether it is a republican or democratic one.

Were you disturbed and sickened by the deaths of the Afghan civilians caused during the Obama administration, or is it only when the government is not the one you voted for that you have these feelings.
02:06 PM on 05/07/2009
I'm blogging about the trial and have been since day one. Feel free to check it out at http://trialcoverage.blogspot.com

It's also on twitter at http://www.twitter.com/trialcoverage
02:35 PM on 05/07/2009
Thank you Evan. You are an incredible person and deserve a great career!
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justoverit333
make art not war
01:53 PM on 05/07/2009
Did you see the smug look on his face in the pic?
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stargazer13
To Love One Is To Love All
01:33 PM on 05/07/2009
he,s not a real military man he is a wannabe ! plain and simple

NO HONOR HERE!!

my heart goes to this family and the innocent children who suffered at his hand

I am shamed by such inhumane acts perpetrated by a man who wears one of my counties honorable uniforms

and then my heart turns to this man and says why have you done this Why!!! war is not god for the human soul in fact it is just bad for every one involved why do we as civilized humans continue such inhumane practices