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MILITARY PROSECUTORS WITHHOLD EVIDENCE; ARMY RANGER GOES TO PRISON FOR 25 YEARS FOR SHOOTING AL QAEDA OPERATIVE
On March 20th, 2009, Army Ranger 1st Lieutenant Michael Behenna was sentenced to 25 years in prison for killing Ali Mansur, a known Al Qaeda operative while serving in Iraq. Mansur was known to be a member of an Al Qaeda cell operating in the lieutenant’s area of operation and Army intelligence believed he 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 the 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 Mansur was detained at his home for involvement in the attack on Lt. Behenna’s platoon
May 16, 2008: Without explanation 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 by firing two shots which kill Mansur
Lt. Behenna panics and fails to properly report the incident
Three days after Mansur’s death the Army issues a Kill / Capture order for Mansur for his terrorist activities (not knowing he was already dead)
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
On the evening of February 25th, prosecution expert witness Dr. Herbert MacDonnell tells the prosecution attorneys that based upon the evidence he has seen the only logical explanation for what happened was that Mansur had to be standing, reaching for 1LT Behenna’s gun when he was shot. This contradicted the prosecution’s argument that Mansur was executed while seated on a rock.
On February 26th 1LT Behenna tells the jury that while he was interrogating Mansur he turned back to his interpreter and when he did so Mansur lunged for his gun. The 1LT moved to the left and fired a control pair of shots. This explanation was identical to what prosecution expert witness Dr. MacDonnell had told the prosecution team the night before.
During a recess after 1LT Behenna’s testimony Dr. MacDonnell meets with the prosecution team (Megan Poirier, Jason Elbert, and Erwin Roberts) in their meeting room and tells them that what Michael had just testified towas exactly what he had demonstrated to them the day before and that Michael Behenna ‘must be telling the truth’. He told them that in the interest of justice they should put him on the stand. They looked at him coldly and said they no longer needed his services and were flying him home that night. On his way out of the courtroom he tells Jack Zimmerman, defense counsel, that he would have made a great witness for 1LT Behenna. Zimmerman asks him why and Dr. MacDonnell says he can’t say because he was still an expert witness for the government, but to ask the prosecutors.
The first thing the next morning Zimmermann asks prosecutors if they have any exculpatory evidence that should be provided to the defense as a result of Dr. MacDonnell’s comment. Prosecutors deny having any such evidence despite having been told by their own expert witness that Lt Behenna’s explanation was the only logical explanation.
In closing arguments on February 27th prosecutor Jason Elbert argues that 1LT Behenna’s testimony that Mansur was reaching for his gun was ‘impossible’ based upon the evidence (despite knowing that his own expert witness had told him it was the only logical explanation.)
Later that Friday night Lt. Behenna is convicted of unpremeditated murder and assault by a military panel of seven officers, none of whom had combat experience.
Dr. MacDonnell sends an email to the prosecution team requesting that the information provided in his demonstration be turned over to the defense.
One of the prosecutors provides such information late Friday night, 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 both defense motions to declare a mistrial and to order a new trial. 1LT Behenna is given 30 minutes to say goodbye to his family and is taken to the county jail
A week later Lt. Behenna is paraded in handcuffs through the Nashville airport, the Milwaukee airport, and the Kansas City airport en route to Fort Leavenworth Prison
Lt. Behenna’s attorneys are appealing the verdict on the basis that he did not received a fair trial
Lt. Behenna is currently serving a 15-year sentence (the 25 year sentence was reduced five years by the commanding general of 101st Airborne and reduced another five years by the Army Clemency Board.) The earliest he would be eligible for parole is after serving a third of his sentence. Without parole or a new trial Lt. Behenna will get out of prison for the shooting an Al Qaeda terrorist in self defense when he is 40 years old.
1st Lieutenant Michael Behenna was an excellent officer. He received his call to serve his country while attending the University of Central Oklahoma. He is from a family of public servants, his mother being an Assistant United States Attorney and his father a retired Special Agent with the Oklahoma State Bureau of Investigation. He has served the Army and the United States with honor and dignity. To sacrifice the life of this Oklahoma soldier over the death of a known terrorist, is a breech of faith with all who are serving our country. Please stand with us and demand justice for this American hero!!! He fought for you; now please fight for him!