Combat Incapable

Day 11

The penalty phase continues.
Private Green and Private Eric Heath(a good friend) just after graduating from basic training

Both lot and little happened today. When court reconvened shortly after 9 AM, Dr. Ruben Gur was called to the stand. Obviously a man of intelligence, Gur spoke of his studies on brain function and behavior, and of his studies at the Hebrew University in Israel, Michigan State, Stanford, and his current residency at the University of Pennsylvania; and you had better believe he's got the collegiate proffesor's accent to back it up(see for yourself in the video below, edit: video only so that you can understand his accent...nothing to do with the trial)->

Dr. Gur spent the first hour of his testimony working with defense attorney Pat Bouldin in giving the court audience a High school Biology 101 lesson on the brain and it's various parts and functions. He took us on a tour of the brain.

Not word for word: "Green has frontal lobe damage....particularly on ze left side.[According to Gur] This means Green has difficulty making decisions, and does not work well under disorganization nor without being told what to do. He is or would be happy to follow a leader because he doesn't want to be pressured. He works well in a structured environment."

When asked if he thought Green would do well in the military, judging by Green's MRI, Dr. Gur agreed. "What about in prison?" Bouldin questioned. "With the structure...yes, without structure you can expect trouble." Again, more defense strategy in trying to save their client's life. On cross, Jim Lesousky questioned Gur on how Green could be "more prone to act on his impulses" when the four soldiers "sat around playing cards and planning the rape." For redirect, Bouldin brought out Green's seeking leadership as opposed to taking leadership as a response.

The defense's next witness was Dr. Greg Simolke, seen pictured here.


Simolke is Steven Green's uncle, he is an obstetrician in Marion, North Carolina. He talked about the family. His sister, Roxanne, is Steven's mother(expect to hear from her soon). He told the court of Steven's older brother Doug, and his younger brother Danny. When describing Roxanna, Steven's mom, he paused for a minute before answering that she is "a 'live in the moment' type of person,'... someone acts on impulse and doesn't give a lot of thought [to the consequences]." He said that he had always known her personality made it hard to raise kids, "I have a polar opposite personality to hers and even I'm having trouble raising kids." He talked about how Roxanna always worked a lot at night and wasn't home much for her kids. The next subject was Steven himself.
Steven at a younger age

You could see the emotion growing in Simolke's face and demeanor. He spoke of Steven, Doug, and Danny not having many rules. When asked about Doug's "being tough" on Steve, he testified that "Doug...was hard on Steve...(pause)...it felt like that...wore on Steve. Doug was sort of..." At this point, Dr. Simolke broke down crying and had to pause for a few minutes to regain his composure. He was given some water and he continued. "Doug was sort of...in charge, but he was too young to manage Steve." Bouldin asked what his(Simolke's) thoughts were on Green and he "generally..I felt sorry for Steve. I felt that he wasn't completely normal....nothing drastic or super unusual...he was generally left out [throughout] his life. (pauses...more tears) Nothing ever worked out for him, he had a black cloud hanging over him..(pause)..I just didn't think life was workin' out for him." During all of this, Green was noticed staring straight ahead.

Simolke testified that he wouldn't have called Steven Green a leader. "No....I don't want to be offensive...he wasn't a leader...anyone who knows Steve wouldn't say he was. He's a follower." Simolke testified about Green living with him for a few months, maintaining a C-average, before realizing that he was so far behind in school that wouldn't be able to graduate high school that year with the rest of his classmates; after which dropping out and moving back to his hometown of Midland, TX where he got his GED.

Simolke spoke of his memories of Steve, one of beginning a tandem bike riding relationship after Steven was denied from the football team for bad grades. He told the jury that he "was prouder at Steven's military basic training graduation than any other time." He too testified that he thought Steve "could make a life for himself in prison, he's a no needs guy, he doesn't ask for much and he adapts to his circumstances well." During this, the paralegal at the defense team was wiping her eyes.

Lieutenant Colonel Karen Marrs made her second appearance next. She was called to testify over things that the defense was not allowed to cover in the guilty phase of the trial. She testified that she told Colonel Kunk that 1st Platoon's mental health status was "red," or "combat incapable." She also admitted that Kunk was aware of the hostility and vengeance that was prominent in the 1st Platoon. Kunk recommended the platoon get some rest, according to Marrs. On cross, Lesousky asked Marrs if it was 1st Platoon or Bravo Company that was "combat incapable," to which she replied that Bravo Company was status red, but "1st Platoon had it the worst."

Dr. Pablo Stewart was called to the stand last. He is a professor at UCSF with a specialty in PTSD, psychiatry, and alcohol/substance abuse. He mainly testified that while Col. Marrs had followed her psychiatric guidelines "to the nail," she did not give a correct diagnosis of then Pfc. Green. He also testified that the Army's psychiatric standards at that time did not meet the "standard of care" for soldiers like those in 1st Platoon.

Expect more family to testify in the upcoming days.

Notes:
-John Scruton, who was Green's Army comrade that testified yesterday, was present in the courtroom today. An exchange of mouthed-words was seen, with a few head nods and grins and laughs to boot.

(EDIT @ 12:15AM 5/13/2009): I forgot to put what he was wearing today and I've received emails complaining about this. I am fascinated. Blue polo and khakis. He also never rolls his sleeves up soas not to show his tattoos.

Hangin' in the balance

Day 10
(NOTE: This is by far the longest blog yet, a lot happened today, and in trying to give you, the reader, a play-by-play of what's going on, it's hard to leave things out and still get the whole picture. Grab a cup of coffee or something!)

Artist Sketch of the proceedings(better picture to come)

Opening statements in the sentencing phase of USA v. Green were heard today, along with more testimony from various Iraqi family members.

And so it began. Marisa Ford of the prosecution opened up by speaking about murdering children and how terrified Abeer Al-Janabi must have been before she was killed. “The murder of a child is an unspeakable act, especially an innocent child, which all children are. Abeer’s last moments must have been filled with terror as she was raped while her parents and little sister were shot in the room next door. And then, by one of the men who was sent there to protect them, she was murdered.”
Lots of legal jargon made it’s way into the opening statements. Marisa Ford reminded the jury that they are encouraged and in fact, required to reconsider the evidence which was heard in the guilty phase of the trial. She spoke of imposing the death penalty, and how doing so requires that they, the jury, by law, must outline and note the aggravating circumstances, especially in the death of Abeer, which according to Ford was committed in an “especially heinous, cruel, and depraved manner.”

She repeated how the four soldiers committed the crime on March 12th, 2006, and reiterated how they agreed on the plan, changed clothes, “brought weapons and took tools to complete their mission,” and how they worked to cover up the evidence. She told the jury how they would hear of the impact on the victims, and how the Al-Janabi family was like many families from both Iraq and “right here in Paducah, Kentucky.” She ended her opening by elaborating on a quote from Winston Churchill: “All the great things are simple, and many can be expressed in a single word: freedom, justice, honor, duty, mercy, hope.” Ford defiantly expressed, “The defendant Steven Dale Green failed to live up to his duty, he didn’t show mercy to Abeer, he took away the two remaining brother’s hope for a normal life, he doesn’t deserve mercy.”

Pat Bouldin was nervous at the beginning of his opening, saying that he’s “never had a man’s life, nor his liberty, in [his] hands.” He reiterated a quote that “in peace time sons bury their fathers, in war fathers bury their sons.” He began to talk about the brothers who had to bury their brothers, referring to the Army and the brotherhood within. He talked about the psychiatrist Marrs who said that losing a military brother is “like losing a child.” He thanked the jury for being so attentive, noting that the Defense team respected the verdict. Also a big point, Bouldin remembered the entire trial in saying “Steven has never denied his actions on March 12th, 2006.”

He talked about broadening the scope of the evidence for the jury to “help the jury understand the context.” He listed the two(2) possible sentences, which are life without the possibility of parole, and the death sentence. He took a turn for the empathetic in saying, “these sentences are both the death penalty...because Steven will die in prison.” Trying to save his client’s life, Bouldin continued, “The decision is about if he will die of natural causes, or if he’ll be taken to a room, by government officials, employees, and sat in front of some witnesses, and killed.”

“Justice must be served,” he would later say, “but justice must be incorporated with fairness. Steven Green did not do this by himself.” He spoke of the leadership issues and in trying to make connections, saying, “Scott Wendelsdorf(D) is my boss—I do what he tells me. But,” he added, “in the Army, if you don’t do as you’re told, you go to prison.”

He told of Green’s lying about being the only person who committed the crimes, “while Steve protected his ‘friends,’ they were plotting against him to shift the blame from themselves.” He reminded the jury that Cortez, Barker, and Spielman will be able to see a parole board in 7 years, by military court martial, but the “ring leader,” is in Federal Court, sentenced to die in prison, one way or another. “Is it really fair?” Bouldin beckoned. “ The letter head for the co defendants will say ‘parole board’. The letter for (points to) Green? Death.” Defendant Green looked down.

He touched on Green’s childhood, saying he “didn’t have the greatest childhood, it was a broken home.” There “was a fair amount of drinking, of neglect,” he told. He talked about Green’s needing a psychiatric follow up and how he didn’t get it. He mentioned the lack of leadership. “In the prosecution’s closing they talked about respect for life…yet here we are, debating the life of this man.” He played on the empathy once again, saying, “All of you have the choice of life or death, any one of you has the power of life…. Green will die in prison, but by whose hand?” He went through some of the lawyer jargon with aggravating circumstances, etc, before ending with “The 1st Platoon…Bravo Company has suffered enough deaths…do we have to kill one more?” Green stood solemnly as the jury exited.

The prosecution completed its case shortly after lunch. They called four total witnesses to the stand, who were all related to the family members. Each Iraqi minus young Ahmed greeted the court with a “may peace be upon you,” before beginning. The first was “Amina” Al-Janabi (I know that is incorrect spelling so if you can correct me, leave a comment or email me!). She was Qassim Hamza’s older sister. Qassim was Abeer’s father. She spoke of having a good relationship with Qassim, of him having a normal life, mostly directed towards giving his family a good life. She broke down crying while on the witness stand, with tissues in hand, but she spoke strongly. “What I say about him…isn’t enough. He cared for all of our family.” She went on to talk about how Qassim named his two daughters, Abeer and Hadeel, after her (Amina’s) children of the same name. She told of Fahkyriah(Abeer’s mother) being a strong, powerful woman. She talked about Abeer’s pride. “She was proud of being young, and she was proud of the freedom her father gave her. She was spoiled, her father never suppressed her.” She almost 'boarded a tangent train', her voice elevating as she said, “their life is destroyed currently, by a crime committed against their family, the kids don’t go to school…” She spoke of young Mohammed and Ahmed running up to her “countless” times, devastated over their loss, and how they “want to suicide.” Green’s eyes widened as he heard this.

When asked how she, along with her family and the boy’s grandmother, had tried to care for the boys, she “tries to care and help, but that’s not going to be their mother and father for them.” A picture of four young apparently Iraqi children was shown to the jury, and she named off Abeer, Mohammed, Ahmed, and Hadeel. This is the first time anyone has seen a picture of Abeer(at a different age) other than the one on her I.D. card. The defense didn’t present any kind of cross-examination for “Amina,” or for any of the other witnesses.

Mohammed Al-Janabi testified next, wearing an Under-Armor workout shirt. He was stout, lips pursed. He talked about his father’s memory; “I remember when we played together…when we would take rides in the car with Ahmed to the market.” Brian Skaret asked Mohammed if his father bought him everything he wanted at the market, and Mohammed grinned with a “yes.” “That sounds good!” Skaret added, allowing for some humor in the courtroom. He liked studying and going to school before the incident, but Mohammed no longer goes to school; when asked why, he said, “Because I no longer have the mood to study and go to school.” When questioned about his life now, he said things you might expect, “life with my grandmother is different, my parents aren’t like anyone else…their principles and how good they were to me.” Again, no cross-examination.

Ahmed Al-Janabi was next, appearing apprehensive. He told of how the family slept in the same room together. He talked a lot about Hadeel. “She would play with me. I found her one day in the courtyard and she asked me ‘why aren’t you playing with me Ahmed?’ We played hide-n-seek a lot.” He told the court how Qassim taught him to play soccer and helped him with homework, and how Fahrkyiah played with him and put him to bed. He also admitted that he was the troublemaker of the family, with help from Hadeel. He told of Abeer helping their mother with the cooking. When asked what he wants to be when he grows up, he said “A policeman, so I can protect myself, so I can protect my family, my community.” The youngster also already wants a wife.

Abu Farras testified next, his second time here in Paducah. He is Ahmed and Mohammed’s uncle. He reiterated many points already made by his family. He told of Fahkriyah’s dreaming of having a house next to his, and the care and work she put into her fruit orchard. He spoke of Qassim’s dreams of being the best family man, “but fate didn’t let him do that” he muttered. He told of Hadeel’s dreaming of school, and how he would give her toys when she had no money for them. “She wanted to have a fun filled life, but fate didn’t allow her to have fun, either.”

He told of Abeer’s thin, lanky features, and her occasionally problematic asthma. “She had the dreams other girls had, marriage, kids, just like any American family would here, but fate also led her a different direction,” pausing before adding “but…again, you can judge what happened.” He told of the horrible fits Mohammed and Ahmed had, how they wouldn’t talk for a long time and how they no longer have futures because they have quit school. “If they had died with their family it would be better for them.” He told of how HE has moved houses and neighborhoods because of the PTSD-like fear he contracted after the events of March 12th. He finished by reading a statement, perhaps speaking for all the Iraqis, speaking that he “wanted to thank everyone for the kindness they have shown us in this country, there are great people in this country. We now have a very different, clear view of this country.” He asked for justice for his nephews, and wished peace yet again.

After the lunch break, the defense began its case. SFC(Sergeant First Class) Philip Miller was called first. Attorney Darren Wolff, ever the professional, spoke with Miller about the conditions in Iraq, but not about the leadership. Miller, linear and descriptive, stated that since he was still in the army, he did not want to put his future in jeopardy by commenting on leaders who he might see again(remember this during Eric Lauzier’s testimony which is a few paragraphs down). Miller, with an attitude of someone who has seen a lot, reiterated several points already touched upon by the co-defendants, “the big issue was that you didn’t know who was an insurgent and who wasn’t. We were going out on missions without knowing why… so the causalities caused a lot of [disruption]. The big picture of what we were trying to do there didn’t make it down to us.”

He talked about seeing the emotion in Green’s face. He also highlighted that the conditions were in part due to the Army’s “armchair quarterback” style of command. “People were making decisions that weren’t actually THERE.” He repeatedly noted that “everyone deals with stuff differently.” He talked about how HE was blamed for Casica and Nelson’s deaths. “I don’t know if any of you have ever felt that…it’s unexplainable… to be told that YOU were responsible for the deaths of someone YOU and EVERYONE else knew…it sends a chill down your spine that you never want to feel again.” He said that the deaths were “the breaking point” for Steven Green. Jim Lesousky didn’t have much for cross-examination. He questioned Miller on the breaking point, to which Miller replied “Okay, everyone has the point in time where it’s like ‘okay I can go another day,’ and then you just snap…without any warning. Steven snapped.” Defendant Green bit his nails. When asked if Cortez failed in his leadership, he stated flatly, “hell yes, Cortez failed.”

The most controversial person to testify yet, Eric Lauzier was called to the stand. He testified about leadership, because he HAS been discharged from the Army and will suffer no repercussions from his testimony. He nearly vilified the army:

When asked about Sgt. Fenlason(the commanding officer over the co-defendants who wasn't present at TCP2 on March 12th), he appeared to become testy, saying “that man was tactically incompetent. He had what, sixteen years of service, with only four of those years spent ‘on the line’. He never fired his weapon and he’d never been fired at, he hid out at TCP1 the entire time, in fact I think he told me ‘I’ve never seen an insurgent before.’ He was a ‘hider-and-slider.’”(A hider-and-slider is a term used to describe an Army officials who “hide” from combat while sliding up the ranks). He was asked about the Combat Stress program and it’s reputation. He told the court that he overheard Cortez ask Fenlason for permission to go to Combat Stress. According to Lauzier, Fenlason’s response to Cortez was “you want to take that punk ass route? Go right ahead.”

When asked about Captain Goodwin, he testified that “his hands were tied, he felt responsible for Britt and Lopez’ deaths so he was put on R&R.” On Britt’s leadership, he stated that he was “the best lieutenant I ever had, he was a West Point graduate and he listened to his NCOs.” Lauzier got very frustrated when asked about Lt. Col. Kunk. “he would micromanage, he wouldn’t listen to what the NCOs were telling him… he would absolutely berate any officer who tried to say things like ‘we don’t have enough manpower.’ He threw lives away…when he showed up after Casica and Nelson got killed he said he ‘was tired of First Platoon feeling sorry for itself.’

The defense’s last witness was one of Green’s best friends from the Army. He spoke of the “do as you’re told” Army style. He went through basic training and employed at Fort Campbell with Green. When he told a story of someone playing a prank on Green by shaving his right eyebrow just before a family visiting day, Green showed more emotion than he ever had before, grinning and chuckling at the memory.

Notes:
-Dave Alsup from CNN was present in the courtroom today, as was a string reporter for the New York Times. Expect some of the European Media to show up as the week progresses, and possibly Al-Jazeera, the Arabic news network.
-A sketching artist was in the courtroom as well.
-Abeer means the smell of a flower, and Hadeel means the sound of water.
-Green ALWAYS listens to the sidebar(legal talk between judge and prosecution and defense/objections) via headphones. We, the audience, cannot hear what is being said.

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