GUILTY - ALL 16 COUNTS

Day 9

"We never denied his involvement in this case. Is this verdict a suprise to us? No. The goal in this case has always been to save our client's life. We're going to go to the most important phase, which is the sentencing phase, and we're going to accomplish that goal."
- Darren C. Wolff, Military Attorney, Defense

The title says it all. The jury of nine women and 3 men deliberated for a total of ten hours and forty minutes, convicting one Steven Dale Green on all sixteen counts(list of counts listed below). Eight of these counts could bring a death penalty, when sentencing rolls around.
As the jury entered the court room, Green(red sweater vest) let out a large sigh, not of relief, but seemingly of anxiety, knowing the weight of the words to come. As Judge Thomas Russell stated "The court will now publish the verdict," Green interlaced his fingers and clasped them over his chin. Russell read the verdict flatly and absolutely. Green went from looking down at each "guilty" to eyeing the jury. His shoulders dropped as he was convicted of count #11, aggravated sexual abuse, realizing what this means. A paralegal at the defense table consoled Green by patting him on his back, even herself breaking down crying at the end of the verdicts.

After Russell finished reading the verdicts, he begged questions of the respective attorneys. Wendelsdorf, intending to ensure the absolution of the verdict, requested the jury be polled. Honorable Judge Russell asked each juror if they agreed with these verdicts, receiving a simple-but-sufficient yes from all jurors. Green watched the jury flatly.

After the jurors were excused, the attorneys approached the bench. Green shook his head ever so slightly, coming out of the super-stoic shell he has been in. He pursed his lips as the judge exited the courtroom.

The sentencing phase will begin on Monday, May 11th. Word on "the street"(aka around the court house) says that the Prosecution will present around a halfday to a full day's worth of a case. The defense will present around a week's worth of testimony.

See you on Monday.

Closing statements end; deliberation begins

Day 8
Closing statements have been heard and the jury is in deliberation as I write this. Marisa Ford and Scott Wendelsdorf presented excellent closing statements, albeit containing much conjecture, therefore much of what you will find here is direct quotation from his/her statement. The bold and italics found in quotations from the closings are my interpretation of the emphasis implied by that attorney. Also, both attorneys attempted to attack each of the 17 counts Green was charged with on an individual basis; as a result, I have left the “nitty gritty” out, although by the length of this particular post I’m sure you’ll say otherwise.
Marisa Ford began the prosecution’s closing by giving a short description of the events that occurred on March 12th, 2006. She told of the squad herding the family into their house(pictured here).She reminded the jury of Barker and Cortez raping Abeer while “Green, behind closed doors, blew Qassim Hamza’s brains out with his Army supplied shotgun.” According to Ford, he then took the AK47, “which was provided to the family for protection against insurgents,” and used it on the mother, Fahkriyah, and their six year old daughter, Hadeel.” She went on to describe Green’s sexual assault and execution style murder of Abeer, before he “burned her, beyond all recognition.” At this, Green(in a blue Polo) looked down but was still listening intently. She talked about Green having had the AK47 disposed of, and his not-so-impaired judgement. “This was a crime…not committed in the chaos of battle, not committed while on an Army assigned mission, but a crime planned, and acted out in cold blood.” Marisa cattle prodded the Defense team, referring to Pat Bouldin’s “dumbing things down” for the jury in his opening statement. “To ‘dumb things down’ for you is an insult to your intelligence,” Ford told the jury, “you don’t need things dumbed down to know that what Stephen Green did was wrong.” Mr. Bouldin frowned as he listened. She talked about the non existent evidence that would dispute the planning of this crime(regarding the conspiracy counts). The killings were “a result of planning and deliberation,” Ford intoned(referring to the four counts of pre-meditated murder). “Everything you have seen before, during, and after the crimes, all the evidence, shows pre-meditation.” She brought up Jesse Spielman’s testimony of seeing Green searching the floor for the Army-tagged shotgun shell he’d used on Qassim, and Bryan Howard’s testimony of Green standing on his cot after the crime saying “that was awesome.” She brought up the testimony about the calamity that was Iraq. “It’s easy to bring in soldiers and let them tell you how horrible Iraq was, and we should feel sympathy…you wouldn’t be human if you didn’t feel sympathy for these men. But you have to put these events in context, and put the sympathy aside,” Ford implored the jury. Ford was perhaps a tad ill at ease in her closing, but remained convincing and confident. “When those men left the [Al-Janabi] house, they left in concert, knowing full well that they would destroy evidence and attempt to cover up their actions.” As can be expected, Ford brought in Green’s mental state: “He was acting in full mental capacity…he knew what he was doing.” She also combated the descriptions of life in Iraq: “ A soldier in the Civil War once said ‘war is hell,’ – this is not a new concept. We’ve known this since our country’s founding, and I will agree, Iraq probably was a kind of hell on Earth.” She played on the pride of the jury, coming from both the US and Paducah, “What’s good about the United States is our respect for human life. We’re here because of that respect. The victims in this case are suffering no less than if these crimes were committed right here in Paducah.” Ford also, perhaps a bit viciously, attacked the Defense’s case regarding the deaths of fellow soldiers. “Using Casica and Nelsons death’s as an excuse for these horrific crimes dishonors all of Bravo Company!” At this, Green stared at Ford, looking… ‘peeved,’ I’ll call it. A picture of James Barker and Sgt. Nelson She spoke of how thousands of other soldiers “fought hard, even if they had feelings of revenge and anger, but still fought fairly and did the right thing when noone was looking.” She ended her cross with something from Brian Skaret’s opening: “These men forfeited their right to call themselves U.S. soldiers... when they did this, they were thugs, who planned out the murder and rape of the Al-Janabi family.” Scott Wendelsdorf began with one word: “Madness. Madness? Madness…is the only way that we could wind up where we are today. These crimes might as well have happened on an alien planet far removed from our conscience and livelihood.” Wendelsdorf talked about how the Army broke [the soldiers], failed them, and in turn “drove them to do horrible things.” He implied the law by which Green wound up here in Paducah and not in a military court martial by allaying “after which he was dragged before a jury who will never be able to understand what those brave young men went through,” Wendelsdorf said, attitude in tow. “So we find ourselves here before a jury of “peers” who will give Stephen Green a verdict and possibly a sentence…perhaps the ultimate sentence.” Wendelsdorf told of Green succumbing to combat stress, and how the Army, “rather than treat him, help him, or cure him, gave him a handful of sleeping pills and sent him straight back into combat.” He reminded the jury of how he had to “drag” that testimony out of Colonel Kunk, and how even the psychiatrist Colonel Marrs ordered followups on Green, “and...? Nothing.” Wendelsdorf spoke of a two way street, implying that the Army had failed it’s soldiers. “If we send our young men over there to fight, under ‘engaged leadership’ as Kunk put it, we do it knowing that if our boys are injured, they will be cared for, if their mind’s are broken, they will be healed.” Perhaps the most tumultuous statement of the day’s proceedings, Wendelsdorf fired out “Did Green uphold being a U.S. soldier? HELL. NO.” he rhetorically questioned. “But did the Army uphold it’s part of the bargain? Absolutely not.” He brought in Anthony Yribe, telling of how “Yribe did nothing! Even when Green confessed to him!” He said that Yribe initiated the cover up, and that all the soldiers boldface lied to Kunk, CID, and others, but only when Yribe confessed did everyone else confess. “Sure, let’s talk about the cover up, but don’t point fingers at the defense table while you do it.” Scott rhetorically asked the jury “Steve sees his friends being murdered and blown to bits by insurgents… who’s bringing them to trial?!” He brought out Green’s age at the time of the crimes: “to a 19 year old kid, [Iraq is] a devastating reality.”
I noticed that Wendelsdorf left out the burning of the FOB which contained many a soldiers personal belongings, pictured below:Wendelsdorf sidelined the government's vying for the death penalty: "We have respect for human life in this country, yes. But Barker and Cortez were the ones who instigated the rape, and they will get to see a parole board in seven years. The prosecution is even writing letters to said parole board to assist them with their release from prison. Stephen Green? Not the case. Yes, we have respect for human life, but not across the board. They, the soldiers, got caught because Green reported the crime!" “Cortez? Parole board, 7 years. Barker? Parole board, 7 years. Spielman? Parole board, 7 years. Green? We want him dead.” He tried to allay some of the blame on Barker for picking the house and initiating the rape discussions. He reminded the jury that Ebel, Kunk, and Marrs all knew of Green’s state of mind, but let the snowball keep rolling. “Green was the weapon here, and Barker and Cortez pulled the trigger.” Wendelsdorf openly admitted that he wanted the jury to charge Green with 2nd degree murder, because the judge would handle the sentence, not the jury. For the ending, he agreed with the US that “Justice needs to be done for this family. Nothing justifies what happened to the Al-Janabi family. But, America owes it’s soldiers justice, too.” For the prosecution’s rebuttal, Jim Lesousky garnered some humor in saying “We(Scott & I) have been in court for a number of years, as you can tell by our white hair.” Wendelsdorf blurted out “objection!” getting a few laughs. “We agree on some things, disagree on others, but the most important thing, is that you are his peers and you must unanimously agree. Common sense is your most useful tool. War is bad and has been for 200 years, but that doesn’t justify the rape and murder of that family. I’m asking you to give a guilty verdict on all 16 counts” he ended. Green looked distastefully at Lesousky. After closing statements, Judge Russell excused six alternate jurors and gave the remaining jury of 9 women and 3 men their instructions(it was lengthy and repetitive). The jury went into deliberation at roughly 1PM Central time.
EDIT: Jury adjourned deliberation's for today at 5PM CST. They will resume at 9AM tomorrow.
Notes:
-The crowd in the courtroom was quite larger than in days past today. -When Marisa Ford showed the picture of 6 year old Hadeel, dead and bloody, several grunts were heard.
-WPSD correspondent Lauren Adams became the second person to be removed from the courtroom for using a cellular device. She returned at the next break.
-Marisa Ford objected to Wendelsdorf’s opinionated “you throw enough charges at the jury and hope to get a conviction on one or two.” It was sustained.
-Wendelsdorf complimented the jury, saying he’d never seen a more diligent jury, even taking notes during the closing arguments.

Iraq: "it's like shootin' at ghosts, blindfolded."

Day 7

The guilty/not guilty phase of USA V Green is complete. The defense finished it's case today with three witnesses: Christopher Barnes, a video deposition of James Gregory, and Justin Watt.

No surprise, Barnes spoke of the area he shared with the defendant in Iraq. "It was rough, like hell, constant sweat and no sleep."
When attorney Pat Bouldin asked what the general thought from soldiers was on Iraqis, again, he paraphrased what had already been said: "they were all in on it... they don't want us here anyway." He talked about the average four hours of sleep soldiers achieved. He spoke of the deaths of superior officers Munger and McKenzie. He said that the deaths of Casica and Nelson and the effects they had on the morale of the troops was by far "the worst, the roughest I've ever seen." He talked about assisting in the search for, and finding pieces of Britt's body. Marisa Ford crossed Barnes, asking his personal thoughts on Green pre-war. "He was really innocent, a really big kid." When questioned about his PTSD, "PTSD ruined my life," Barnes grievously stated.

Waiting on the sidelines, James Gregory "took the stand" next. A video deposition that was filmed on April 25th was shown to the courtroom. Gregory would seem to be the typical just-out-of-the army dude. A big, burly man, with a deep voice and the tattoos to boot. You can't forget the Led Zeppelin shirt either. He, like the rest of the former soldiers, enlisted in the Army and was deployed to Iraq in September of 2005. The effects of PTSD were extremely obvious in Gregory; he looked down and spoke somberly but matter-of-factly, as if being forced to remember something he'd rather forget. He spoke of witnessing Britt and Lopez, among others, walk over and trip an IED, and of how the IED appeared to be designed for a vehicle, not dismounted troops. He appeared upset(as upset as a man like him could be) as he talked about trying to extract Britt's body from the canal it was thrown into. Bouldin asked him what it was like to be in a firefight, to which he replied "well i mean, it's a firefight. You got all this shit flying at you..around you, but you can't see the source." He would later add that "it ain't like you see the Germans and know what they look like and where they are...it's like shootin' at ghosts, blindfolded." He also talked about seeing the company FOB(Forward Operating Base) from TCP1. He talked about not having near enough manpower at the TCPs and his aformentioned PTSD diagnosis. For the cross, Jim Lesousky simply addended that "You knew your limits while you were over there didn't you? You knew not to kill innocent civilians or innocent Iraqis?" "Yes," Gregory replied, before adding "It's something I think about every day."

Next, Justin Watt was called in. Justin was the RTO(radio operator) for 1st platoon. Chris Cooper...errr Darren Wolff, brought in the radio log book which contained all of the events that occurred(or were logged) between February 25th, 2006 to March 28th, 2006. Prior to trial, Watt also prepared a list of abbreviations for the jury to use during deliberation. Wolff and Lesousky(P) both went through a page or two in the log book, having Watt explain various abbreviations and commands and directions.
Lastly, the defense showed a clip from a September 28th, 2008 airing CBS' 60 Minutes, the main point being that before "General O" took command, there were upwards of 100 attacks per week in Iraq, whereas now there are around two per week. In the clip, Barbara Walters asked the incumbent General O if the Triangle of Death was one of the worst parts in Iraq, he said "the worst."

The guilty/not guilty phase is complete. Chief District Judge Thomas B Russell adjourned shortly before noon today, admonishing the jurors of their duties, and announcing that court will reconvene tomorrow, Wednesday, May 6th 2009, to hear closing statements. Expect a guilty/not guilty verdict by Wednesday's end, Thursday at the latest.

Notes: -The fatigue was visible today in the courtroom. The judge, lawyers, jurors, even members of the press(mostly me) were seen yawning at various times.
-The Huffington Post sent Gail Mellor to report on the trial. You may very well find a byline on her story about this trial... we shall see!

"On edge and angry"

Day 6th

The prosecution concluded their case today. Green appeared a little bit more light hearted during today’s proceedings. Before I forget: yellow button down. He also appeared to have shaved…on Friday, the U.S. Marshall service allegedly refused to give Green his razor for reasons unknown.
The second to last witness for the prosecution was Blake Huggins. Huggins became friends with Green in 2004 after meeting him through Green’s brother Doug. Huggins testified of talking to Green via cell phone, stating that he “seemed really negative… he seemed like he’d been through a lot.” Huggins was by far the most “spacey” witness to have testified thus far. Green reportedly compared what he’d seen to the Michael J Fox/Sean Penn war drama Casualties of War. Huggins said Green did mention the murder/rape to him, occurring in the Triangle of Death. Cross? Nuffin’.
The next witness was Noah Galloway, a former soldier who Green and his fellow soldiers had witness lose an arm and a leg to an IED. At taking the stand, he was spotted giving the defendant a “cheerful smirk,” if you will. Galloway was the radio/telephone operator for Bravo Company(RTO). His relationship began with Green after hearing of his discharge. He stated he wanted to talk to Green about his VA benefits. Green allegedly told him about the crimes but Noah didn’t want to get involved because “it was too soon for me to just jump into something, I was still recovering in Germany.” For the defense, Pat Bouldin took the stage again. He made one big point: during Galloway’s first deployment in ’04, he saw only one death the entire time, but during his second deployment, within a few months, he saw over fifteen(15) die before he himself was injured. He also requested Galloway show his injuries to the jury. “I don’t watch enough Court TV,” he added. At this point, the prosecution’s case concluded.
It was about 11 AM at this time, and there was a bit of legal confusion as to whether or not some of the defenses witnesses would be allowed to testify. Court reconvened at 1:30PM. The defense called Lieutenant Colonel Karen Marrs. She was the psychiatric nurse practioner who examined Green. She testified that Green was “very stressed about the deaths of Casica and Nelson.” Green was exposes to mortars, IEDs, wounded soldiers, and dead soldiers. According to Marrs, Green’s chief complaint was “It’s fucking pointless!” She spoke about his former use of illicit drugs, and his blackouts while drinking. She testified to his speech being “abnormally slow, as was his eye contact.” His mood? “On edge and angry.” She also mentioned his homicidal ideations and that he recognized the consequences of acting on impulses. She would later make the point that ideations do not mean intent to act upon said actions. Wendelsdorf for the defense extracted “soldiers can change over time” out of Marrs.
The defense MAY have one witness tomorrow before resting and moving on to closing statements. Expect a guilty/not guilty verdict by Wednesday, before moving to opening statements.

Mixed Emotions

Day 5

The prosecution’s case of the guilty/not guilty phase came to a close today. Green’s legal team decided to opt for the “casual Friday” option, giving him a plain-gray button down. Darren Wolff began his cross of now-inmate Barker, noting that Barker was mere acquaintances with Green, whereas he was friends with Cortez. Wolff also brought up how Barker was the go-to-guy for many illicit things, with the former private speaking of getting things such as “gin, whisky, beer, and pills” from an Iraqi officer named Pedro. Wolff attempted to bring in the pornography found in Barker’s inventory, but an objection was sustained.
Asked if alcohol was a coping mechanism while in Iraq, Barker agreed, “It allowed me to escape the everyday stuff…the never ending feeling of danger..” Wolff showed a picture of Barker hugging Casica, “he was a mentor to me,” he remarked. He also spoke of the aforementioned deaths of Lopez and Britt, and of watching Noah Galloway lose an arm and a leg to a trip-wire IED. When asked what this did to him and his fellow troops, he responded, “It diminished us even more than what we already were…it takes your legs out from under you… I felt that I wasn’t gonna live to come home.”
He spoke forlornly about his diagnosed PTSD, speaking of the nightmares, waking up yelling, crying, saying that “reflecting on everything is harder… when movies come on and a soldier’s friend dies in the movie… I feel pain for them and it hurts… it’s something you can’t turn off.” He said that TCP2 was more or less “just an abandoned house with no windows or doors.” Of the daily morning routine IED sweeps, “You walk down the street, and if you don’t get blown up by an IED you’re just lucky.” Wolff asked him if his assumption of being involved with 20 IED attacks was correct. Barker sounded bemused, “that sounds low… you stop counting after a while, it becomes normal.” Asked about his thoughts on Iraqis, “they talk to you and become your friend, and the next day they try to kill you, or they do kill you; anybody had potential to ham you and kill you, woman, child, or man.” He talked about seeing decapitated bodies floating down the river, finding body parts such as torsos with hands tied behind their back, and other… atrocities.
Wolff made a big point in Barker’s admitting that had Cortez have declined to go along with the plan, Barker would’ve done the same. Barker said he feels responsible for the killings: “I shoulda had more sense than that…it was against everything I stood for, it was against how I was raised.” After a long, thoughtful pause, he added “it was.... barbaric in a way.” Like every other co-defendant, Wolff combatively and rhetorically asked Barker, “the government can’t kill you, can they?” After speaking of the details of his 90 year plea deal, Wolff ended on a professional note, wishing “The best of luck to you, Mr. Barker.”
Questioning for the prosecution, James Lesousky brought Paul Cortez to the stand. An unusual occurrence, the court actually forgot to swear in Mr. Cortez, causing the few minutes of completed testimony to have to be redone. Of the crimes, he said he “knew what was goin’ on, we knew we were goin’ down to that house to have sex with that girl, and Barker and Green seemed to know where they were going to get there.” He spoke of throwing the girl to the ground. “I was trying to…… rape her? [pause] after a few seconds…. I couldn’t.” Lesousky asked if he knew Green was going to kill them, he replied “that wasn’t…the intention. Sh…stuff just went crazy…” He talked a little bit about getting sick at the crime scene after being called back to investigate, and of telling the other soldiers to keep this quiet. The cross examination of Cortez lasted 90 seconds, therefore, there’s not much to tell.
Bryan Howard testified next. He, like the rest of his former friends, told his story of the events that occurred on March 12, 2006. He talked about approaching the soldiers as they were playing poker and an “awkward silence” overcoming the table. “Cortez told me….about planning on going to some house and fuckin’ some chick” he would say. A new detail in the storm surrounding this case, Howard spoke of attempting to contact the team via the radio to tell them that there was a line of trucks waiting to be searched at the TCP, even though there were no such trucks. He talked about Cortez trying to keep things on the down low.
“He told us not to bring it up again… if anyone asked… ‘we didn’t know anything.’” He went on to tell of lying in the CID investigation and his dishonorable discharge. For the defense, Pat Bouldin asked Howard if TCP2 was the most dangerous, Howard said “absolutely.” He also questioned Howard about how he tried to divert the attention away from everyone still in the Army and put the focus on Green.
Another soldier testified, mostly that Green confessed to the killings after asking him if he “could keep a secret.”
Notes: whiskey + energy drinks = bad things happen

People kill people

Day 4

♫On the fourth day of trial, lawyers gave to Green-- yet another sweater vest, this time red.
For the first segment of today's proceedings, the prosecution called a plethora of FBI agents to the stand, most of which, in my humblest of opinions, didn't have much to say. First was Special Agent Steve Vogt. Vogt has been an FBI agent for 20 years, one of those he spent in Iraq. He testified that a month after arriving in Iraq, he was contacted for assistance in finding the AK47 that was allegedly used in the crimes. He spoke of using SONAR imaging equipment to search for the missing weapon. Pictures of the dive operation were examined and presented to the jury. He was also questioned about the inability to exhume the bodies of the victims.
For the defense, Bouldin pointed out the number of soldiers required to make the area safe for the dive.
Next up was Special Agent Christopher Lando. Lando was an agent in the Asheville, NC area at the times of Green's arrest. He said he was informed of Green's presence in the area and organized his arrest on the same day. After being arrested, Green allegedly commented to Lando that he "wished [the FBI] would've called, because [Green] would've just turned himself in." When asked if he wanted his grandmother to know the story, Green reportedly agreed before having a change of heart, saying "No no, I don't want to upset her." He was allowed to have "a cigarette or two" before being taken away in a police car. Wendelsdorf(D) deftly made light that it was a routine arrest for Lando, and that Green did not resist arrest at all.


Darren Wolff = Chris Cooper?
Special Agent Stewart Kelly was brought in, mostly to testify as to what Green had told him. According to Kelly, Green said things such as "You probably think I'm a monster," and "I knew you guys were coming," as well as "looks like I'll be spending the rest of my life in prison." He said that Green questioned on whether or not he would be tried in Federal or military court. Wendelsdorf once again pointed out that Green didn't resist, also that Green had returned to NC from one of his former Sergeant's funeral. Green allegedly said he knew that the FBI was coming and "wanted to enjoy his last minutes of freedom."
After the mid-morning break, the first of Green's co-defendants was called to the stand. Jesse V. Spielman appeared, wearing the typical "orange jumpsuit" worn by inmates. He told the jury how he asked to be placed in infantry because he "wanted to fight for his country." He also repeated things already mentioned in other testimonies such as Bravo Company's mission, and the length of stays at TCP2. He spoke of the aforementioned drinking and card games on March 12, 2006. He said he saw Spc. Barker and Pfc. Green talking, who "looked like they were having a private conversation." He said they went inside and started changing into all-black clothes which they called "ninja suits." He went on to describe Barker cutting through a fence with a Gerber multi-tool(which was exhibited to the jury). When Marisa Ford asked Spielman what he thought they were going to do, he hesitated before acknowledging that "heading out and roughing people up wasn't that uncommon so I figured we were going to a residence to rough people up." It was stipulated that Green did not participate in any other incident involving "roughing up" of Iraqis.

After the lunch recess, Spielman described entering the house and keeping watch while Barker and Cortez separated 14-year-old Abeer from her family. He agreed to hearing three gunshots and that, after asking Green if everything was okay, Green replied "everything's fine", before letting him see the bodies of Qasim, Fakrhiya, and Hadeel. He said he knew they were dead because there was "blood scattered on the wall & part of the father's cranium was missing." Accordingly, Spielman walked out of that room and witnessed the rape of Abeer. The prosecution lent the model of the Al-Janabi house to Spielman for better clarification of the events and how they happened. When an M14 shotgun was brought out for demonstrative purposes, the court enjoyed a moment of humor as Marisa Ford, holding the weapon, declared "Judge, these have all been rendered safe but since I clearly have no clue what I'm doing," "and you're pointing it at me," (D)Wendelsdorf added. Spielman was confused, "I didn't really know what to do," he said, "It was an unsafe area and three out of my four squad members were involved so I couldn't leave and run back to TCP2." He testified to seeing Green unbuttoning his pants and getting down between Abeer's legs and raping her, after which he took a pillow and put it over Abeer's head and fired an AK47 into the pillow, killing her. At this, the defendant was spotted looking down. He then watched Barker pour a liquid onto her body. While her body was burning, he added clothes and blankets to fuel the flames, "to destroy evidence," he said.
He continued, describing Cortez & Barker washing their chests and genitalia back at TCP2, and how he himself threw the AK47 into the canal. When asked why he didn't turn his squad members in, he "didn't feel right, telling on people [he] served with." He was also fearful of retaliation from his fellow troops.
On cross, it was easy to see Spielman recalling the events past. Wendelsdorf pinned him down to "hoping for a recommendation from parole board for giving truthful testimony in all cases involved." A picture of Spielman after graduation from boot camp was shown. Asked on his thoughts about heading to Iraq at that time, he "was looking forward to going over there. I was enthusiastic."
According to Spielman, Casica & Nelson were very friendly and courteous to Iraqis, often giving candy and school supplies to Iraqi children. Wendelsdorf questioned if anything changed his view of them. Spielman told of how he witnessed one of Casica's informants approach them at TCP2, shaking Casica's hand before drawing a revolver and shooting Casica and Nelson. Spielman gunned down the informant, saying that "It was devastating to me. Stories of kids, women, elders, really anyone could be an insurgent..." Asked if this event changed Green's view of Iraqis, he wholeheartedly agreed. "Yes, it changed everybody's view." The next subject was the explosive death of their superiors, Britt & Lopez. "It literally blew Lopez in half, and killed Britt too." Wendelsdorf reminded him that he had found Britt's jaw lying on the ground, to which he conversed "It's something you can't describe... they're alive and talking to you minutes before, then minutes later you're picking up their body parts."
The next point from the defense was the burning of the soldier's Forward Operating Base. All the soldiers lost their homely items. Letters, family pictures, programs from the memorial services of Casica and Nelson, and even laptops were lost. While soldiers were reimbursed for ~80% of the value of their material items lost, he said it was the niceties from home that mattered the most. He stated that Sgt. Fenalson was very adamant about shaking Iraqi hands. At this, Spielman said "I wasn't about to follow his advice and shake people's hands," implying the deaths of Casica & Nelson. "Fenalson cared more 'bout the Iraqis than he did us." His testimony ended there.

Spc. James Barker was brought to the stand next. I noted that every military witness, and the defendant, all showed their militaristic style, standing at attention when the "all rise," call came from the U.S. Marshalls. Barker said that on the day of the killings, they were playing poker and talking, mostly "bullshit at first, then Green turned the conversation to killing Iraqis." Barker admitted that he was the one who brought up the Al-Janabi house, having seen the house and family on a recent patrol; he also admitted that he first implied raping the girl to Green.
According to Barker, "Cortez took a little convincing to get him to come along. He said if we were gonna have sex with the girl, he wanted to go first." He testified to ushering the 5-year-old girl and father into the house, and then separating 14-year-old Abeer from her family. He said that he held Abeer's hands down while Cortez raped her in mere seconds, while Green shot the remaining three family members. When Cortez was finished, they switched places, with Abeer screaming and crying the entire time. Afterwards, Green raped her, and then shot her.

Trial adjourned early. Barker will be crossed tomorrow, expect Sgt. Casica to play a semi-significant role.

Sustainability

Day 3

The cross of Colonel Kunk got a little more exciting today. Green opted out of the sweater vest and in with a light blue button down(why am I writing about court fashion style?). During the cross, Darren Wolff once again had conflicts with Kunk. Questioned over the burning of the soldier’s FOB(forward operating base), Kunk testified that the soldiers “lost some of their personal property,” with Wolff trying to assert the morale downturn the soldiers would have had after losing their “homely” items. Wolff forced Kunk into agreeing that he did put all involved soldiers in the same place(TCP2) on March 12th. Kunk skillfully evaded saying what Wolff was trying to extrude from him(a la “maybe if I hadn’t put the soldiers there, it wouldn’t have happened”). Wolff then used the technology in the room to diagram the bases(touch screens with projectors, the drawings and exhibits being show to the jury). A re-make of said diagram shown here:

When confronted about his testimony in the other soldier’s Article 32s(courts marshal), Kunk consented to the fact that he had stated that Cortez, Spielman, and Green were all “wallowing in [their] self pity.” Green perked up at this segway in the back-and-forth. Down the hypothetical “road” a ways, proceedings stalled again when Wolff inquired as to whether or not Kunk had identified Green as having combat stress issues. “No I did not,” he denied. In his previous testimony, Kunk stated he had(plot thickens).
Kunk spoke of the time he counseled to Green about his officer’s deaths and the grief that came with it. He spoke of asking Green if he thought “all Iraqis were bad,” to which Green reportedly responded “no not all off the Iraqis are bad.” Kunk said he questioned Green about his meaning of “not all,” and that Green spoke of how frustrating it was to “not be able to tell who was an insurgent and who wasn’t.” One of the larger points in today’s events, Kunk admitted that Colonel Ebel, himself, and Captain Goodwin all knew that Green was having “violent tendencies towards Iraqis and wanted to kill them.”
Next, [former] Sgt. Anthony Yribe(“ya-ree-bay”) testified for the prosecution. Upon entry, Yribe nodded to his former soldier and friend across the courtroom(Green). The then-Sergeant was charged with derelict of duty and falsifying information to a superior officer; once brought to trial, Yribe signed a plea agreement allowing him out of the Army on an “other than honorable” discharge, in addition to truthful testimony in his co-defendant’s cases, obviously including this one.
Yribe spoke of his supervision of four soldiers, and of operations at the various TCPs, stating that TCP life consisted of “primarily guard duty.” He talked about his teamwork with defendant Green in rushing the bodies of Sgt. Nelson and SSgt. Casica back to medical facilities in hopes of saving their lives. Personally, I noticed the militaristic style that Yribe exhibited. Except when directed to explain further, all of Yribe’s answers consisted of short, curt replies of “yes” or “no.” Perhaps not a surprise but more of a formality, his direct examination with Prosecuting Attorney James Lesousky seemed oddly rehearsed at times.
He was questioned on the whereabouts of the bodies upon being called to examine the crime scene. The prosecution unveiled a to-scale model of the Al-Janabi house to assist Yribe with this, murmuring about being “careful” because it “cost a lot of money.”[Note: In general terms, the “United States” has spent or is spending anywhere from $4 to $6 million dollars in prosecuting and vying for the death penalty for Green…there’s your tax dollars at work, America]
Next were pictures that the former Sgt. Took of the crime scene upon his arrival. Skipping over the menial details… Exhibit 7D, a picture of Qassim Hamza Rasheed dead, laying face down on the floor with brain matter scattered in.. multiple places around him… caused several visible and audible grimaces within the crowd, with Green looking down but eyeing the jury. After pictures of all bodies were shown, Green was seen rubbing his eyes/forehead.
Yribe spoke of Green’s “confession” to the crimes, and of Specialist James Barker’s hearing the confession but saying nothing, something that the Defense would later play upon. As he spoke of his realization that Spc. Green was telling the truth, Def. Green anxiously bit his nails.
When attorneys asked Yribe why he didn’t turn Green in, Yribe murmured, “It was kind of….out of sight out of mind? I didn’t understand the gravity of the situation.”
During his cross-examination, Yribe was, for the most part, accepting and cooperative. As previously mentioned, Yribe was questioned on Barker’s presence during Green’s “confession” to the murder. The defense made light of Green’s confessing that he and he alone did the murders, with Barker saying nothing and confessing to nothing, even though he had every opportunity to do so. Scott Wendelsdorf(D) pondered, “Is it true that if Green had said nothing to you, these crimes would have gone unsolved?” to which Yribe confirmed. Wendelsdorf also pointed out that the only lie Pfc. Green told was that he was the only one who committed the crimes, while Barker “stood there, cool as a cucumber.”
When the cross showed pictures of Casica & Nelson’s assailant/murderer(gory…more brains), Yribe stated that what [we in the court] were seeing was “not that bad.” He testified that the deaths of Casica, Nelson, Britt, and Lopez would have “absolutely affected the morale of the troops.” Defense attorneys asked how long a soldier could live in the conditions that the five soldiers involved were living in, before succumbing to fatigue and sleep deprivation. “3 to 4 days,” Yribe answered, “I mean it’s 120º out there, it’s kind of hard to sleep.” Regarding the morning IED searches, Yribe sadly intoned “you get used to the fact that you’re gonna die, you become numb, fatalistic.” The cross inquired: When asked how you could tell if someone was a good guy or a bad guy, Yribe flatly stated “You couldn’t.” “This war didn’t break you did it?” “No.” “Do you know people it has broken?” A curt, definitive “yes.” “Destroyed…?” “Yes.”

On that note I’m going to end this particular blog post. It’s 1 AM. Yes, some CID agent named Terry testified for nearly three hours. But whereas Yribe testified for two and I got seven pages of notes out of him, Terry testified for three hours and I only got half of a page. Minus a legal squabble over a shell casing, the only “important” thing was that an investigation occurred.
Notes: -Many objections today, and much sustainment, causing one Attorney Wendelsdorf much frustration, albeit I think he tried to hide it.
-For those not living in Paducah and unable to see for themselves, the NSA allegedly had watch over the court house for a month prior to the trial’s beginning for fear of bombs/retaliation. Even as the court proceeds, police officers are stationed on three street corners outside the front door of the courthouse.
-Expect the blogs to decrease in size—I, being an almost graduated high school student, must maintain grades so that I can indeed graduate, therefore I won’t be at the courthouse all day everyday as I have been. Don’t worry, I won’t miss anything important, therefore you won’t either. Keep spreadin’ the word, folks!

"War is Stress"

Day 2
Today began with the cross-examination of Colonel Todd Ebel. Although Green chose the darker grey sweater vest, he appeared to be in a lighter mood, at times smiling and conversing with his lawyers. In fact, the entire court came across as more courteous, if at times getting semi-quarrelsome. Defense Attorney Darren Wolff was very cordial in his cross of Col. Ebel. Even when he seemed to reach a brick wall in questioning Ebel if he’d ever fired his weapon in combat (he didn’t), he showcased a calm, professional style, asking Ebel not to “dumb down” what he was saying, but to instead translate his “military speak into civilian speak” for the jury. Laughs were heard from all parties present in the courtroom when Ebel was questioned about the structure of the military ranking system, “Well, I outranked the highest commanding officer over there, but I’d never tell him what to do.” Wolff spent most of his cross pointing out faults in the Colonel’s leadership. Ebel agreed that he had sat down for 30 minutes to speak with Defendant Green after the deaths of his commanding officers Casica and Nelson. A minor breaking point was reached when Wolff finagled the Colonel into admitting that he could not recall any other incident where he had sat down with a soldier for any amount of time after the deaths of said soldier’s superiors. The next witness called was Colonel Thomas G. Kunk (how ‘bout that for a last name!). Kunk was a Lieutenant Colonel under Ebel with the 2nd Brigade Combat Team, and was Battalion Commander of the 1st Battalion, commanding around 1100 soldiers during the tour of duty in question (Col. Ebel commanded ~7500 troops). Prosecuting Attorney Marisa Ford questioned Kunk about his background in the military, as well as [obviously] his service in Iraq. Kunk explained how he played a major organizational roll in the training of the Iraqi Army back in 2006, and how he used various platoons to help train the Iraqi soldiers. He discussed the tasks of his battalion, with Ford extruding details about Bravo Company’s specific mission. According to Kunk, Bravo company’s mission was to A) disrupt enemy missions, B) bring security and stability to the Mahmuhdiya region, and C) to train the Iraqi security. More specifically, he spoke of the platoons stationed at J. C. Bridge, and their respective goal of preventing any force from traversing the bridge, east or west. He spoke of his unsettling feelings upon his arrival at the bridge, saying that “8 men at the western end of the bridge… that did not sit well with me.” Furthermore, Kunk spoke of rebuilding the Iraqi infrastructure: protecting a water treatment facility while living there, and how his soldiers began working on infiltrating or engaging lands where U.S. soldiers previously hadn’t been able to go by way of earning the Iraqi people’s trust. “Some would say you gotta win people’s hearts or minds, well, I think that to win people’s hearts and minds, you first have to earn their trust and their confidence.” Though proceedings appeared to be more formal and in motion today, and even though both sides of the trial were quite courteous and helpful to each other, when objections were called, things appeared to get heated, with both sides exhibiting more rambunctious hand motions and snippy whispers, appearing to have mini-tantrums in trying to get what they wanted from Judge Russell. Next, he was questioned on the deaths of Specialist Lopez and Lieutenant Britt; they had completed a search for, and found, 15 IEDs when they spotted yet another IED which exploded when they traversed a canal to inspect the bomb. Kunk said he questioned those soldiers who knew the superior officers to insure their health and mental stability. He testified that the deaths “didn’t just hurt the 8 soldiers in the squad, or the 30 in the platoon, or the ~130 in the company, it hurts us ALL.” When asked if he spoke with then Pfc. Green about the deaths, Kunk evasively replied, “It’s possible.” [Defendant] Green perked up at his answer. The Colonel attempted to showcase his… for lack of a better word, manliness, at times seeming exaggerated or, in all honesty, even forged (that’s just my take). After being injured on/around March 8th by an IED while traveling in an M1151 (pictured below)
An M1151 -> A common humvee
Kunk refused a medivac to the nearest hospital, saying, “If you go out by medivac, sometimes you don’t come back…I wasn’t leaving my men… not to be cavalier.” A major point of interest in the trial, Kunk brought in controversial new testimony regarding the hearsay surrounding the March 12 slayings: the Colonel asked lesser officers that reported to the scene if any rumors were circulating about who committed the crimes. Kunk testified that officers only told him “the insurgents…some kind of sectarian violence.” Again with the fabrication, the witness stated, “something about that just diiiidn’t sound right to me.” This caused several murmurs in the crowd, specifically within the press section. Kunk has never mentioned any of this in any of his previous testimonies regarding the Mahmudiya killings. Kunk continued, speaking of his recommendation for the discharge of Green, and of his notification regarding the killings and that they “might have been committed by U.S. soldiers.” After being informed, Kunk called his superiors until all proper parties had been informed, “I either had to prove it or disprove it.” Even on cross, Kunk was all encompassing in his tales of wartime. He told of Bravo Company’s attempts to get schools back in order, to get medical services up and running, and running water, “things we take for granted here in the U.S.,” Kunk added. Darren Wolff returned once again for cross. A big issue was made of how “engaged” Kunk and his respective peons were, and what they thought of each soldier’s ability to “choose to do the harder right than the easier wrong.” When asked what he meant by this, Kunk gave an explanation to the amount of “choosing the harder right by retaliating against true enemies, as opposed to the easier wrong by killing innocent Iraqis.” The next topic was Captain John Goodwin. Kunk stated, “It was reported to me that Cap’n Goodwin had a ‘thousand yard stare’ and looked lethargic.” Wolff pinned Kunk down in forcing him to admit that when Kunk asked Goodwin to list where his soldiers were located, Goodwin was unable to do so, thus making Goodwin “not an engaged leader” as was previously stated. In response to this, Kunk stated that he recommended a 3-day leave of absence for Goodwin because, “If you can’t do the small things right… when it’s tough, you won’t be able to do the complicated things.” The last point military lawyer and defense attorney Darren Wolff made regarded the TCPs. Wolff was once again extremely professional in his actions and questioning. He was quick in bringing the differences between TCP 1 and TCP 2 to light (note: Kunk had stayed overnight in TCP1, and Def. Green was located at TCP2). Whereas TCP1 had at least 10 Iraqis and 8 U.S. soldiers on hand at all times, TCP2, the check point where Green and his fellow convicts were stationed, had a mere six U.S. soldiers. While TCP1 had sandbag barriers surrounding the checkpoint, working electricity, and a bathroom, TCP2 had none of these. Kunk, his egotistical side showing, proudly proclaimed “Sometimes I slept in the litter because I gave the cots in the TCP to my soldiers.”(Note: a litter is a stretcher used for bodies) In the end Kunk admitted, “We were asking an awful lot of our men… war is stress.” Other notes of today’s trial:
-The Press Section was asked twice today to be quiet during the objections while both prosecution/defense were at Judge Russell’s desk.
-A co-defendant's attorney, name witheld, present in court every day thus far, was escorted out of the courtroom after being found using a cell phone.

How We Got Here

Day 1
(Preface: I have been writing this kind of story for newspapers for my entire[albeit quite short] journalistic life. Making the sudden change to blog style posting has been a combination of interesting, difficult, and innundating. I'll be refining the style with which I write these.)
Proceedings began today. Defendant Steven Green entered the courtroom appearing in a champagne sweater vest, seeming jaunty and aware in light of his situation. Federal District Judge Thomas B. Russell was thorough in his swearing in of the jury. A minute Southern drawl making it’s way into his voice, Russell made sure to instruct the jury to not discuss any of the proceedings outside of the court, also noting that they should “change the channel” should they hear anything about the case via television or radio.
Prosecuting attorney Brian Skaret, tall and gangly in stature, was very clear in his depiction of Green’s crime of heinous gang rape/murder: “While most of you were probably here at home in the USA, enjoying a sunny day, getting used to the warming weather, some of you were probably anticipating the upcoming March Madness tournament…on the other side of the world, in Iraq, five soldiers, five thugs, were terrorizing a harmless family.” Skaret told of Abeer Al-Janabi’s rape and murder, how she was “violated and dishonored three times, then mercilessly shot.” He was accurate in playing the role of the prosecution, projecting a cold image onto the Green canvas. “Who could’ve done this,” Skaret asked rhetorically. “Not terrorists, not insurgents, but by the Army. In cold blood, then Pfc. Green orphaned two young sons.”
Each individual jury member had their own personal screen for viewing the various diagrams and exhibits. During the prosecution opening, the faces of Green and his former fellow troops were shown. Skaret projected the squad (excuse my misuse of military terms) having a regular day, playing card games, drinking Iraqi whiskey, until they began talking about the house they’d seen on patrol. Green was seemingly anxious at this point, one hand on his forehead and the other appearing to be writing notes. Skaret, sorrow ebbing in his voice, told the court of Abeer’s shooting death. He reminded the jury that “this isn’t television, this isn’t CSI or Law & Order,” also that “[some of] these witnesses are no angels, they hope by testifying in this trial to someday make parole…evaluate their testimony very carefully… it’s not about the lawyers, or the 20 page questionnaires. It’s not about the bumper sticker on the back of your car.”
Skaret told of the witnesses whom he and his team would call: witnesses who testified today include orphaned child Muhhamed Al-Janabi, Marti Al-Janabi or “Abu Farras,” uncle of the orphaned twins, Ahkmed (spelling?), a medic who reported to the crime scene, and took photos of the bodies, a Dr. who filled out the death certificates, and Colonel Todd J. Ebel, the commanding Brigadier General who was in place during defendant Green’s tour in Iraq.
While the prosecution’s opening largely focused on March 12, 2006 and the events therein, the defense’ opening focused on the events leading up to the day of the atrocity. Public defender Pat Bouldin told of the “most tragic of circumstances,” which culminated in the March 12 massacre. He also openly admitted that, “what [Atty. Brian Skaret] said the truth. I want that said at the onset of this.” He spoke of the deaths of many soldiers platoon that the soldiers were in. Also showcased was a video of the memorial service of SGG/SGTs Travis Nelson and Kenith Casica. Via a PowerPoint presentation, Bouldin presented to the court pictures of every day Iraqis and (perhaps rhetorically) asked if he himself or anyone in the court could say as to whether or not the man pictured was an insurgent, hinting at the defense his team plans to use. He spoke of Ctc Kunk being quoted as stating that the combat had made the squad of soldiers “mission incapable,” and recommended that the 1st Platoon be disbanded. Also mentioned was the burning of the soldier’s home base, which housed their belongings from home, the lack of supervision during the soldier’s stay at their traffic checkpoint. The defense is trying to explain that the soldiers became numb and accustomed to the violence around them, and that, over time, the soldiers were no longer able to tell civilian Iraqis apart, friend or foe.
The first witness called, Muhhamed Al-Janabi, was questioned on mostly background information, before leading up to the day of the crime. When asked what he saw upon entering his house after seeing smoke outside, he said flatly “I saw lots of flesh, and my father’s brains scattered against the wall,” eliciting some grunts and shudders from the “crowd”. I noticed defendant Green perking up to take a look at Muhhamed, a point of interest. Next was “Abu-Farras,” the uncle. He spoke of his job at the Ministry of Health, and his fourteen years in the military. He is 50 years old and he is in the United States for 14 days. This is his first time outside of Iraq, ever.
Farras spoke of his arrival to the scene on the day of, and scornfully of the soldiers who spoke to him while he was present. He told of how one of the soldiers said “look what the terrorists are doing!” At first, Abu-Farras wasn’t going to come to testify. “Even terrorists wouldn’t do that! I looked up to and respected the Army.” Abu told of how he became very distrustful of Americans, and how, after being asked to testify, he felt that “they [the Americans] would take me there [to the States] and do the same to me.” He obviously changed his mind, stating that he realized “not all Americans are bad, lots of them are good people.”
The medic, “Ahkmed,” was used mostly to illustrate the crime scene and the bodies, with pictures of the bodies being shown (more grunts and discomfort from the people in the courtroom). He spoke of how he covered Abeer’s body even after her burning death, “because I wanted to protect her honor, [even] while she was dead.” Again, the prosecution repeated it’s main point: when asked if he ever thought the US would be responsible, the medic sternly spoke, “No. I didn’t ever suspect the forces which came to protect us would be the ones responsible.” There was a small cross examination regarding whether or not the medic saw a soldier pick up a shell casing, but was menial in the end…
The doctor who examined the bodies for issuing the death certificates testified, again adding to the gory scene of the crime: “I saw that, on the father, all the brain was … out.”
Next to testify was Colonel Todd Ebel who spoke of his 27 years in the Army, including three tours in Iraq. Ebel was effervescent in his descriptions, at times seeming extremely sure of himself, and very informed as to what the court wanted to hear and what they did not. He spoke of how his leadership over the soldiers(including Green and his cohorts) led to the finding of more than 2200 IEDs(Improvised Explosive Devices--home made bombs), more than any other battalion. When asked about his confiding with Green after the deaths of Sergeants Nelson and Casica, Ebel noted “you could determine that he was making gross generalizations about ALL Iraqi’s,” but also noting that feelings of frustration were common after the death(s) of a fellow troop, “It’s like losing a family member, it’s an unfriendly event. We lose friends, family, teammates.”
Other things of note:
-The interpreter present at this trial is reportedly the same interpreter used for Saddam Hussein's trial. She was only present in the courtroom when needed.
-Known media presence at this time included the Associated Press, Reuters, local NBC affiliate WPSDTV, TIME Magazine, the Courier-Journal, and the French Press Agency.

A Total Lapse of Humanity

A soldier who fought in Iraq is being brought to trial on rape and murder charges in our city. In what has been called a “total lapse of humanity,” the soldier could potentially face the death penalty in his trial which begins April 27 at the Federal District Courthouse in downtown Paducah.
On March 12, 2006, five soldiers from Kentucky’s own Fort Campbell-based 101st Airborne Division stormed the farmhouse of the Qasim family in Mahmudiya, Iraq. Upon finding the family of four, Private First Class Steven Green and the other soldiers ordered three of the four family members into a room, where Green proceeded to shoot all three in the head. He emerged from the room, allegedly announcing “I just killed them, all are dead.” Soldiers then restrained 14-year old Abeer Qasim Hamza while Green and another private took turns raping her. After the rape, Pfc. Green shot and killed Abeer, and with assistance from his fellow troops, burned the lower half of her body.
As of this writing, all soldiers involved, except Pfc. Green, have been either indicted, charged, convicted, sentenced, and imprisoned. Specialist James Barker was sentenced to 90 years in prison, but will be eligible for parole in 20. Sergeant Paul E. Cortez pleaded guilty to rape, and four counts of murder. He was sentenced to 100 years, and will be eligible for parole in 10 years. Pfc. Jesse Spielman was given 110 years in prison, eligible for parole in 10. Pfc. Bryan Howard was sentenced to 27 months in prison for being an accessory (not reporting the crime).
Private First Class Stephen Dale Green is the only soldier who hasn’t been sentenced. He has been indicted on, and plead not guilty to, charges of murder and sexual assault. But because Green was arrested after his discharge, and after his return to the United States, the trial cannot be held via court martial as the other soldier’s trials were. He is to be tried in Federal Court, and due to the Paducah courthouse being the closest one to Fort Campbell, he will be tried at the courthouse in downtown Paducah under Judge Thomas Russell.
His one of a kind case is to be tried on April 27 at the Federal Court in downtown Paducah. This will be the first court case ever in which the government will try to sentence a soldier to the death penalty for offenses committed during wartime while overseas. Green’s lawyers have submitted motions declaring that Green’s defense will be to put the Army itself on trial for allowing Green to become a soldier. Prior to enlisting, Green had spent four days in jail for a minor in possession of alcohol ticket. Normally, the Army doesn’t allow applicants with a criminal history, but for Green, they accepted him via a legal form, which allowed them to waive his prior history. Not only this, but Green told military psychiatrists prior-to the incident that he felt anger and wanted to kill Iraqis. The psyche gave Green a drug for bi-polar disorder and released him, but failed to engineer a “safe plan,” as required, to keep Green away from Iraq civilians.
Due to the unique factors and controversy surrounding the case, there will no doubt be much spotlight in, on, and around Paducah from the national media syndicate. The trial begins Monday April 27.