Military Legal Articles:
David P. Sheldon in the News
Amy Robinson's grandmother slams killer's mental retardation claim
12:00 AM CDT on Sunday, April 20, 2008
By DEBRA DENNIS / The Dallas Morning News
debdennis@dallasnews.com
A decade after Amy Robinson was abducted, shot with pellets and left for dead, the fate of one of her two killers remains unsettled.
Michael Wayne Hall has appealed his death sentence, offering evidence that he is mentally retarded.
That has angered Ms. Robinson's family, especially her grandmother, Carolyn Barker of Grand Prairie. It is her granddaughter, Mrs. Barker said, whose own mental defect made her an easy target for Mr. Hall and his co-defendant Robert Neville Jr.
[more...]
In More Cases, Combat Trauma Is Taking the Stand
By Deborah Sontag and Lizette Alvarez | New Your Times | Sunday, January 27, 2008
When it came time to sentence James Allen Gregg for his conviction on murder
charges, the judge in South Dakota took a moment to reflect on the defendant as
an Iraq combat veteran who suffered from severe post-traumatic stress disorder.
“This is a terrible case, as all here have observed,” said Judge
Charles B. Kornmann of United States District Court. “Obviously not all the
casualties coming home from Iraq or Afghanistan come home in body bags.”
Judge Kornmann noted that Mr. Gregg, a fresh-faced young man who grew up
on a cattle ranch, led “an exemplary life until that day, that terrible
morning.” With no criminal record or psychiatric history, Mr. Gregg had
started unraveling in Iraq, growing disillusioned with the war and volunteering
for dangerous missions in the hope of getting killed, he testified.
Nonetheless, the judge found that Mr. Gregg’s combat trauma had not
rendered him incapable of comprehending his actions when he shot an acquaintance
in the back, fled the scene, and then pointed the gun at himself as a SWAT team
approached — the helmeted officers “low crawling,” Mr. Gregg
testified, and looking “like my own soldiers turning on me.”
[more...]
No Murder Charges Filed in Haditha Case
Four Marines to Face Lesser Charges After
Two-Year Inquiry Into Iraqi Killings
By Josh White – Washington Post Staff Writer | Friday, January 4, 2008
After a two-year investigation into the killings of up to 24 civilians in
Haditha, Iraq, the Marine Corps has decided that none of the Marines involved
in the incident will be charged with murder. Instead, two enlisted Marines and
two Marine officers will face trial in coming months for the killings and for
failing to investigate them.
The most serious charges have been leveled against Marine Staff Sgt. Frank
D. Wuterich, who is scheduled to be arraigned on charges of voluntary manslaughter in
California next week, the last step before the case officially moves to trial.
Initially called a massacre by Iraqi residents of Haditha and later
characterized as coldblooded murder by a U.S. congressman, the case has turned
not on an alleged rampage but on a far more complex analysis of how U.S. troops
fight an insurgency in the midst of a population they seek to protect.
The Marine Corps at first charged eight Marines and officers with murder
or failing to investigate an apparent war crime. The charges have since been
narrowed to four men in the unit, after three were cleared and a fourth was
granted immunity to testify.
[more...]
Dog attack raises concerns over pet policies
By Trista Talton | Monday, December 10, 2007
JACKSONVILLE, N.C. — Amy Gaston didn’t think twice about letting her
9-year-old daughter pedal her bicycle down the road to a friend’s house.
After all, the family lived in base housing, well within the confines of
Camp Lejeune, N.C. It’s a place where youngsters still ride bikes to
school with little fear of drug dealers or predators, and neighbors generally
look out for each other.
But news from one of the neighborhood kids who came running up to her house
on a late March afternoon in 2005 changed Gaston’s perception of base
housing — and changed her family’s life.
The message was short: Ashley’s hurt. She was bitten by a dog. She
needs to go to the hospital.
Ashley had stopped at a friend’s house to see if he could come out
and play. Before she reached the door, the family’s Rottweiler escaped
from its poorly secured fence, grabbed Ashley’s head in its powerful
jaws and began to attack.
Two-and-a-half years later, Ashley still has nightmares. She has been
diagnosed with post-traumatic stress disorder. She faces three, maybe four
rounds of cosmetic surgery, but doctors say that mentally, she “just
wouldn’t be able to handle going through it yet,” according to
her mother.
[more...]
Navy Chaplain Pleads Guilty
HIV-Positive Priest Is Sentenced in Sex Case
By Ernesto Londoño | Friday, December 7, 2007
Quantico, Va. — Talk to the chaplain.
The words have long been a mantra for those in distress. But prosecutors say
the authority the phrase suggests allowed Navy Lt. Cmdr. John Thomas Matthew Lee
to prey on vulnerable lower-ranking male troops, some of whom he exposed to HIV.
"His selfishness was so strong he was willing to destroy the lives of others
to make himself happy," Maj. Derek Brostek, the prosecutor, said yesterday,
as Lee pleaded guilty at a court-martial to forcible sodomy, aggravated assault
and other crimes and was sentenced to 12 years of confinement, all but two of
them suspended.
Since 2004, Lee has used his position as a Catholic priest and his rank
to obtain sexual gratification from at least three servicemen, according to
the findings of the Marine Corps investigation outlined yesterday during the
court-martial.
In 2004, at the U.S. Naval Academy in Annapolis, a midshipman struggling with
academic and personal problems sought counsel from Lee. The two had dinner one
night, and Lee invited the 20-year-old to his apartment. As they drank scotch
and beer on the balcony, Lee began masturbating, the young man testified.
The young man, now an ensign, said he attempted to ignore it, until Lee
initiated a sex act on him.
"I said I didn't want it," the ensign said. Lee continued, the ensign
testified, telling him: "It's all right, it's all right."
[more...]
Plea Deal Expected In Military Sex Case
Chaplain Accused Of Abusing Power
By Josh White and Michelle Boorstein | Thursday, December 6, 2007
A Navy chaplain who is HIV-positive is expected to plead guilty this morning
to charges that he used his positions at the U.S. Naval Academy and Marine
Corps Base Quantico to lure midshipmen and Marines into sex acts, according
to military officials and sources familiar with the case.
Marine Corps officials announced yesterday that Lt. Cmdr. John Thomas
Matthew Lee, 42, who is a Catholic priest, is scheduled to face a court-martial
at Quantico on charges that stem from several alleged incidents from 2003 to
2007. The charges include consensual and forcible sodomy for allegedly having
sex with several men; indecent acts for allegedly posing for nude photographs;
aggravated assault for not informing an alleged victim of his HIV status;
and conduct unbecoming an officer.
It is unclear whether any of the men has been infected with HIV. But
prosecutors allege that Lee, knowing he had tested positive for the virus in
2005, had sex with an Air Force lieutenant colonel in December of last year
and exposed him to the virus without telling him.
In another instance, court documents also indicate that Lee fraternized
with one midshipman over a two-year period after the student came to him for
counseling and advice in 2004. Lee offered the underage midshipman alcohol,
engaged in sex acts, asked him to take nude photographs of Lee and e-mailed him
pornographic photos of naked men, according to the documents. The Washington
Post generally does not identify victims of sex crimes.
Lee was a chaplain at the Naval Academy from September 2003 to October of
last year, and investigators found that he had sex or inappropriate contact
with several men, including some academy students who went to him for counseling
after they were identified as homosexuals, the documents and sources indicate.
[more...]
Army Punished 2 Officers in ’06 After Failures in Iraq Ambush
By PAUL von ZIELBAUER | Friday, May 18, 2007
An Army general relieved a company commander and a platoon leader
of their commands last year after enlisted men were ambushed and killed
by insurgents at an isolated observation post south of Baghdad in June
2006, Army officials said yesterday.
An Army investigation into the circumstances of the attack, which
killed one soldier immediately and resulted in two others being
kidnapped and later killed, concluded that they had been left for
up to 36 hours without supervision or enough firepower or support to
repel even a small group of enemy fighters.
The investigative report, by Lt. Col. Timothy Daugherty, a deputy
brigade commander with the Fourth Infantry Division, which the soldiers
were attached to at the time, recommended that the platoon leader and
company commander be given written reprimands.
But Lt. Gen. James D. Thurman, the commander of American forces
in Baghdad last year, went a step further, Army officials said, and
relieved the company commander, Capt. John Goodwin, and the platoon
leader, First Lt. Timothy Norton, of their duties.
“This was an event caused by numerous acts of complacency and
a lack of standards at the platoon level,” Colonel Daugherty
wrote in a nine-page summary of his report. “The shortcomings
of standards at the platoon level was compounded by company leadership
that was not engaged in enforcing standards.”
[more...]
Criminal Charges Dropped
against Officer in Hamdania Case
By: MARK WALKER – Staff Writer
CAMP PENDLETON – Criminal assault charges against a Marine Corps
officer for his alleged treatment of insurgent detainees in Iraq
have been withdrawn, but he will face administrative punishment for
mishandling interrogations and could be discharged from the service.
The Marine Corps announced Tuesday that the assault charges against
2nd Lt. Nathan Phan were withdrawn last week by order of Lt. Gen. James
Mattis, the convening authority over the case as head of Marine Corps
forces in the Middle East.
"We are certainly happy this case is being resolved," David Sheldon,
Phan's lead attorney, said Tuesday in a telephone interview. "Lt. Phan
is obviously pleased and relieved."
Phan, 24, commanded a platoon from Camp Pendleton's 3rd Battalion,
5th Marine Regiment, in Iraq's village of Hamdania last year. Eight men
under his command were charged in June with the slaying of a retired
policeman in Hamdania in April 2006, a killing that Phan was not accused
of participating in or having any knowledge of before it occurred.
The investigation of the homicide case led to Phan being charged in
August with three counts of assault and filing a false statement. The
charges accused the Sacramento-area native of taking part in the beating of
three insurgent detainees in the weeks before the homicide and misleading
commanders on whether one of the detainees was still in his custody.
[more...]
Lawyer: Charges dropped against Marine
By THOMAS WATKINS, The Associated Press | Tuesday, May 1, 2007
SAN DIEGO (AP) — Military prosecutors have agreed to withdraw
criminal charges against a Marine accused of beating of Iraqi detainees
in exchange for testimony against three subordinates, his lawyer said
Tuesday.
Marine 2nd Lt. Nathan P. Phan will acknowledge the assault at a
less-serious administrative hearing and has agreed to testify against
three Marines under his command who are accused of killing an Iraqi
man. Phan is not accused in the slaying.
Phan, 26, is accused of beating, choking and threatening two men
in March or April 2006 in the town of Hamdania during an interrogation.
Attorney David Sheldon said Phan will "accept responsibility for
his actions" and "testify truthfully" against the three Marines in
his platoon.
Sheldon said Phan acknowledges telling one of his men to place
a detainee in a choke hold because he believed it was necessary to
gather information from suspected insurgents, and pushing an unloaded
pistol against the mouth of another detainee to frighten him.
"The information he gained from these terrorists was highly important
and valuable in saving Marines' lives," Sheldon said.
Phan faced up to 10 years in prison had he been found guilty
of assault at trial, Sheldon said. At the administrative hearing,
he faces a reprimand, such as forfeiture of pay. He could also be
referred to a separate hearing at which he could be discharged.
[more...]
Fighting Walter Reed After Fighting the War
By David Yancey | Sunday, April 8, 2007
I had a big anniversary last week. April 1 marked the end of two
full years I've spent at Walter Reed Army Medical Center.
Like a lot of outpatients who've been here a long time, I was happy
to see the Washington Post report about the lousy conditions and the
delays and frustrations soldiers face when they're ready to leave the
service. But the bureaucratic obstacles that injured soldiers have to
fight through are still a problem, for me and a lot of others. Reforming
the disability system that keeps us hanging around for no reason – a
system so complex that it's all but impossible for soldiers to navigate
it – is going to take longer than renovating Building 18.
I was hit while serving in Iraq with the Mississippi National
Guard early in the spring of 2005. I was the gunner on a Humvee headed
toward Baghdad. A bomb buried in the road exploded and tore our vehicle
in half. The driver lost his legs. At the time, I thought I was lucky –
the blast fractured my left femur, and severed the brachial artery and
caused major nerve damage in my right arm. It also broke several ribs,
collapsed a lung and caused traumatic brain injury. Three days later,
I was in a place I'd never heard of until I woke up there: Walter Reed.
For the first year, through several surgeries, I felt that the medical
staffers knew what they were doing, even though they did seem eager to
move soldiers out of the hospital. Living in Mologne House, the Army's
hotel at Walter Reed, I tried to cope with a manual wheelchair that I
could barely move. I nearly lost my arm a second time when it got caught
in the door to my room, rupturing my brachial artery again. My arm filled
with blood, but the doctors were able to save it. Over time, with the
help of physical therapists, I graduated from a wheelchair to crutches
to a cane. Now, with a titanium rod in my leg, I walk with a limp.
I still can't make it more than a few blocks without needing to
rest. I've lost strength in my right arm. I suffer from migraines,
memory loss and symptoms of post-traumatic stress disorder.
[more...]
Hamdania Lieutenant Ordered to Court-Martial
By: MARK WALKER – NC Times Staff Writer | March 19, 2007
CAMP PENDLETON — A Marine officer who commanded a platoon charged
with killing a civilian in Hamdania, Iraq, last year has been ordered
to face a court-martial for the alleged assault of two other residents
of the village.
Lt. Gen. James Mattis, commander of the I Marine Expeditionary
Force and all Marines serving in the Middle East, made the decision
in the government's case against 2nd Lt. Nathan Phan last week, said
Maj. Jeff Nyhart, a Marine Corps spokesman.
It was announced on Monday, after Phan returned to Camp Pendleton after
a leave and was served with the notice of court-martial, Nyhart said.
Mattis rejected a hearing officer's recommendation that Phan also
be tried on a third count of assault and dismissed charges of making a
false official statement and conduct unbecoming an officer for incidents
occurring in Hamdania in March and April 2006.
Phan's lead attorney, David Sheldon, said he believes the 26-year-old
will ultimately be exonerated.
"I believe he will be fairly judged on the facts and circumstances
and will be vindicated," Sheldon said during a telephone interview
from his offices in Washington, D.C. "We hope the case goes to trial
by May because Lt. Phan is anxious to resume his Marine Corps career."
[more...]
Marine lieutenant could be ordered to trial for alleged assault of three Iraqi civilians
By: MARK WALKER – NC Times Staff Writer | February 27, 2007
CAMP PENDLETON — A Marine lieutenant accused of assaulting three
Iraqi civilians last year should face a court-martial, a hearing
officer is recommending.
Lt. Col. William Pigott makes that determination in a report filed
this week with Lt. Gen. James Mattis in the case of 2nd Lt. Nathan
Phan. Mattis must now decide whether to order Phan to trial.
The lieutenant was charged in August with assault, a case that
arose during an investigation that led to a murder charge filed against
eight men under his command last year in Hamdania, Iraq.
Phan was not charged in the homicide case, but stands accused of
assaulting the three Iraqis in Hamdania in March and April 2006 while
trying to get information from each about insurgent activity in the
Anbar province area northwest of Baghdad.
Phan's lead attorney, David Sheldon of Washington, said Tuesday
that he does not believe his client did anything wrong and that he
will be acquitted if ordered to trial.
[more...]
Attorney: Accused Marine lieutenant is really a ‘hero’
By: MARK WALKER – NC Times Staff Writer | January 28, 2007
CAMP PENDLETON — A Marine officer accused of assaulting three Iraqi
civilians last spring is really a hero, a hearing officer was told Sunday.
"You have a young officer sitting at our end of the table who was trying
to protect his Marines," defense attorney Lt. Col. Matthew Cord said at the
conclusion of a hearing that will determine if 2nd Lt. Nathan Phan is ordered
to face a court-martial. "He deserves a medal and they're trying to put a
knife in his back."
Cord's comments came as the hearing for the 26-year-old Phan ended with
the presiding officer, Lt. Col. William Pigott, saying he plans to recommend
two investigations stemming from testimony that emerged during Phan's four-day
Article 32 hearing.
Phan, a Kilo Company platoon commander from the 3rd Battalion, 5th Marine
Regiment, is charged with assaulting the three Iraqis in March and April during
efforts to obtain information about insurgent activity in and around the Anbar
province village of Hamdania in western Iraq. He also is accused of making a
false official statement in connection with one of the alleged victims.
Pigott said he will ask Lt. Gen. James N. Mattis to order a formal inquiry
into possible perjury and false official statements by three enlisted Marines
who were in Iraq with Phan and were called as witnesses by his attorneys.
[more...]
Statement overstated what witness said, NCIS agent admits
By: Rick Rogers – Union-Tribune Staff Writer | January 26, 2007
Two weeks ago, a defense lawyer accused agents for the Naval Criminal
Investigative Service of fabricating several witnesses' statements used to
charge a Camp Pendleton Marine with assaulting three Iraqis.
Attorney David Sheldon's claims reverberated far beyond the assault
case against 2nd Lt. Nathan P. Phan of Sacramento. They threw a spotlight on
controversial NCIS practices such as not using audio recordings or videotaping to
take statements from witnesses. Instead, the organization's agents generate the
statements by typing up their interview notes and asking witnesses to sign them.
On Friday, the lawyer's accusations of fraud gained some traction when an
NCIS agent reluctantly admitted that a statement overstated what a witness
actually said.
In a Camp Pendleton courtroom, Special Agent Mike Austin testified that a
statement prepared by fellow NCIS agent Aaron Bode went beyond what he heard
during an interview with Lance Cpl. Christopher J. Faulkner in June.
Austin recalled Faulkner saying he could see someone choking a detainee,
but that he didn't know who did the choking. In the statement prepared by Bode,
Faulkner was quoted as saying that he saw Sgt. Lawrence Hutchins choking an
Iraqi while Phan looked on.
Phan was Hutchins' superior, and both were part of the Kilo Company, 3rd
Battalion, 5th Marine Regiment.
[more...]
NCIS investigative methods come under fire over prosecution of Marine lieutenant
By: MARK WALKER - NC Times Staff Writer
NORTH COUNTY — The investigative practices of the Naval Criminal Investigative
Service will be under scrutiny later this month when three of its agents are
expected to take the stand in a Camp Pendleton courtroom to answer an allegation
they fabricated parts of statements being used in the prosecution of a Marine
lieutenant.
David Sheldon, an attorney for 2nd Lt. Nathan Phan, alleged Friday that
the agents added information into the statements taken from three Marines
last spring that said they saw his client taking part in the assault of Iraqi
civilians. The information they added, Sheldon contends, was false.
Those same three Marines have since consented to a request from Phan's
defense team to provide signed affidavits saying they never told the agents
Phan assaulted anyone.
"The question has to be 'What would motivate these three Marines to lie,'"
Sheldon said during a telephone interview Monday. "Why would they bother to
make up these allegations?"
[more...]
Academy sex assault case won’t go to civilian court
Air Force Times, Staff report, Friday Jan 12, 2007 10:26:47 EST
Civilian prosecutors said Wednesday they will not file charges against an
officer accused of sexually assaulting a female cadet while both attended the
Air Force Academy, according to The Associated Press.
Prosecutors said they weighed Colorado laws with the investigative reports on
Capt. Joseph Harding, whose alleged assault on a fellow cadet in 2000 sparked
a scandal at the academy.
Chief prosecutor Diana May said authorities concluded they could not meet
the required burden of proof.
In September, a military judge dismissed a rape charge against Harding
because the accuser’s therapist refused to release her medical records
on grounds that they were confidential.
[more...]
Iraqis Being Brought to Camp Pendleton
to Testify in Criminal Cases
By Mark Walker, North County Times, January 11, 2007
CAMP PENDLETON — The Marine Corps is working to bring four Iraqis to the U.S. later this month to testify in the cases of three Camp
Pendleton Marines accused of assaulting Iraqi civilians in the village of Hamdania last year.
Chief Warrant Officer Wesley Wagner testified during an Article 32 hearing for 2nd Lt. Nathan Phan, accused of assaulting three Iraqis on
April 10, that arrangement are being made to bring one of the alleged victims and three other witnesses to the U.S. later this month.
If the witnesses are brought to Camp Pendleton, they would be the first Iraqis to testify in the two criminal cases brought last year
against members of a Kilo Company platoon from the 3rd Battallion, 5th Marine Regiment.
In June, the Marine Corps charged seven Marines and a Navy medical corpsman with murder in the April 26shooting death of a retired Iraqi
policeman. In the course of that investigation, the alleged assault case emerged resulting the charges against Phan, a 26-year-old platoon
leader from the Sacramento area.
[more...]
Hamdania Assault Case Reaches Court Today
By Mark Walker, North County Times, January 10, 2007
NORTH COUNTY – A court hearing for a Marine officer charged with assaulting three Iraqi civilians last year gets under way at Camp
Pendleton this morning.
The Article 32 hearing for 2nd Lt. Nathan Phan will be presided over by Lt. Col. William Pigott, who will issue a recommendation following
its conclusion as to whether he believes the case should move forward to court-martial.
Phan, 26, is charged with beating three Iraqis in the village of Hamdania on April 10 and later lying to investigators about what happened.
Phan's attorney David Sheldon maintains his client is innocent and that the charges arose out of what he said was misconduct by agents of
the Naval Criminal Investigative Service.
The Marine Corps has said its law enforcement agency learned of the alleged beatings during its investigation into the April 26 kidnapping
and shooting death of a retired Iraqi police officer in Hamdania.
[more...]
Soldier Pleads in Iraq Rape, Murder Case
By Ryan Lenz, The Associated Press | Wednesday, November 15, 2006
FORT CAMPBELL, Ky. – One of four U.S. soldiers accused of raping a 14-year-old Iraqi
girl last spring and killing her and her family pleaded guilty Wednesday and agreed to testify
against the others.
Spc. James P. Barker agreed to the plea deal to avoid the death penalty, said his civilian
attorney, David Sheldon.
The military judge presiding over the case, Lt. Col. Richard Anderson, asked Barker why he
participated in the attack in Mahmoudiya, a village about 20 miles south of Baghdad. It was among
the worst in a series of alleged attacks on civilians and other abuses by military personnel in Iraq.
"I hated Iraqis, your honor," Barker answered. "They can smile at you, then shoot you in
your face without even thinking about it."
Sgt. Paul E. Cortez and Pfc. Jesse V. Spielman, members of the 101st Airborne Division with
Barker, also are charged in the case. Cortez deferred entering a plea during his arraignment
Wednesday morning. Spielman will be arraigned in December. The fourth soldier, Pfc. Bryan
L. Howard, also deferred entering a plea at his arraignment in October.
[more...]
GI Pleads Guilty In Iraq Rape-Slay
Confession Exchanged For Testimony Against Soldiers Accused Of Raping Teen Then Killing Family
FORT CAMPBELL, Ky. | November 15, 2006
(AP) One of four U.S. soldiers accused of raping a 14-year-old Iraqi girl last spring and
killing her and her family pleaded guilty Wednesday and agreed to testify against the others.
Spc. James P. Barker agreed to the plea deal to avoid the death penalty, said his civilian
attorney, David Sheldon.
The military judge presiding over the case, Lt. Col. Richard Anderson, asked Barker why he
participated in the attack in Mahmoudiya, a village about 20 miles south of Baghdad. It was among
the worst in a series of alleged attacks on civilians and other abuses by military personnel in Iraq.
"I hated Iraqis, your honor," Barker answered. "They can smile at you, then shoot you in
your face without even thinking about it."
Sgt. Paul E. Cortez and Pfc. Jesse V. Spielman, members of the 101st Airborne Division with
Barker, also are charged in the case. Cortez deferred entering a plea during his arraignment
Wednesday morning. Spielman will be arraigned in December. The fourth soldier, Pfc. Bryan
L. Howard, also deferred entering a plea at his arraignment in October.
[more...]
Soldier to Plead Guilty in Iraq Rape and Killings
By PAUL von ZIELBAUER, The New York Times | Wednesday November 15, 2006
One of four Army infantrymen charged with raping a 14-year-old girl last March in Iraq and then
killing her and her family will plead guilty today in a military court in Kentucky, his lawyers said.
The plea to charges of rape and premeditated murder will make the soldier, Specialist James
P. Barker, 23, the first to resolve the charges against him in one of the most gruesome cases
of illegal killings of Iraqi civilians.
Specialist Barker and three other members of Company B of the First Battalion, 502nd
Infantry, 101st Airborne Division, were each charged with raping the girl and killing her,
her parents and her 7-year-old sister in the family’s home in Mahmudiya, southwest of
Baghdad, a volatile area known among American soldiers as the “triangle of death.”
Pfc. Jesse V. Spielman, Pfc. Bryan L. Howard and Sgt. Paul E. Cortez are also charged with rape,
premeditated murder and arson; military prosecutors accused them of burning the teenager’s
body with kerosene in an effort to conceal evidence. A fifth soldier, Sgt. Anthony W. Yribe,
is charged with dereliction of duty for failing to report the crimes.
[more...]
Guilty Plea Expected in Iraq Rape Trial
Soldier Won't Face Death Penalty in Deal
By Josh White, Washington Post Staff Writer | Wednesday, November 15, 2006
A U.S. Army soldier who is accused of taking part in a plan to rape an Iraqi teenage girl
and murder her family in March is scheduled to plead guilty today to numerous charges in a
military court in Kentucky, the soldier's civilian lawyer said yesterday.
Spec. James P. Barker would be the first soldier involved in the gruesome rape and killings in
Mahmudiyah to publicly take responsibility for the attack, which shocked both the U.S. military
and the Iraqi community where the family lived. Prosecutors say the soldiers raped and killed
a 14-year-old girl and gunned down her parents and 4-year-old sister.
Barker has agreed to testify against others who were involved, said David Sheldon, a
Washington-based military defense lawyer. As part of his plea deal, Barker will not face the
death penalty, Sheldon added, but he could receive life in prison on charges that include
murder, rape and arson.
"Specialist Barker wanted to take responsibility for his role in the crimes that he committed
with these other soldiers," Sheldon said. "He will cooperate fully with the prosecution."
Barker, who is also represented by Capt. James D. Culp, plans to plead guilty at Fort
Campbell today, Sheldon said.
[more...]
Troops to Face Courts-Martial on Charges
By RYAN LENZ, Associated Press Writer | Wednesday October 18, 2006
EVANSVILLE, Ind. (AP) – Eight soldiers from the 101st Airborne Division were ordered Wednesday to be
court-martialed on murder charges stemming from their service in Iraq, and two could get the death penalty for
allegedly raping a 14-year-old and killing her and her family.
The Fort Campbell soldiers facing the death penalty are Sgt. Paul E. Cortez and Pfc. Jesse V. Spielman. Both
are accused of raping Abeer Qassim al-Janabi in her family's home in Mahmoudiya, about 20 miles south of Baghdad,
then killing the girl, her parents and younger sister.
Spc. James P. Barker and Pfc. Bryan L. Howard are also accused in the rape and murders but will not face
the death penalty, the military said in a statement.
Barker's attorney, David Sheldon in Washington, D.C., said that Barker has agreed to cooperate with prosecutors
in their case against others, including former Army Pvt. Steven Green, who was discharged for a personality
disorder and arrested in North Carolina.
[more...]
U.S. military trials ordered in Iraq murder cases
By Kristin Roberts, Reuters | Wednesday, October 18, 2006; 5:45 PM
WASHINGTON (Reuters) – U.S. service members will face military trials in three separate cases for the murders
of Iraqi civilians, including the gang rape and murder of a teenage girl and the killing of her family in their home in
Mahmudiya, the military said on Wednesday.
An Army general ordered the court-martial of four soldiers in the Mahmudiya case and said two of the four could face
death if found guilty. One of the accused will testify against the others, according to his Washington attorney, David Sheldon.
Army Maj. Gen. Thomas Turner also ordered military trials for four other soldiers accused of murdering three Iraqi
detainees during a raid on a suspected insurgent camp near Thar Thar Lake, southwest of Tikrit.
In the third case, three U.S. Marines will be tried on murder charges in the death of an Iraqi grandfather kidnapped
from his house in Hamdania in the middle of the night, the U.S. Marine Corps said.
Those cases, particularly the alleged Mahmudiya gang rape, as well as the killing of 24 people in Haditha, have sparked
outrage among Iraqis. Mahmudiya led Prime Minister Nuri al-Maliki to call for a review of foreign troops' immunity from
Iraqi prosecution.
[more...]
Military Drops Charge vs. Air Force Grad
By ELIZABETH WHITE, The Associated Press | Friday, September 29, 2006; 8:58 PM
SAN ANTONIO – The military on Friday dismissed a rape charge against an Air Force Academy graduate whose case was on hold because
of a therapist's refusal to turn over the accuser's medical records.
Air Force Maj. Gen. Marc E. Rogers issued the dismissal against Capt. Joseph Harding, who had been accused of raping the woman at the
Colorado academy in 2000. He maintains his innocence.
Rogers is the commander of 19th Air Force at Randolph Air Force Base near San Antonio, where the court proceedings were being held.
[more...]
Witnesses Tell of Troop Stress Before Attack
Colleagues recall the despair of U.S. soldiers accused of raping an Iraqi girl and killing her family. That's no excuse, prosecutors say.
By Louise Roug, Times Staff Writer | August 9, 2006
BAGHDAD — U.S. soldiers accused of raping a 14-year-old Iraqi girl and killing her along with her family suffered from tremendous
stress and were ultimately not responsible for the alleged massacre, defense attorneys said Tuesday, as final arguments began in a hearing
to determine whether the men should face a court-martial.
But a prosecutor attacked the contention, saying the adverse conditions of war couldn't explain away crimes.
"Murder, not war. Rape, not war — that's what we're here talking about today," Capt. Alex Pickands said in final arguments. "Not
all that business about cold food, checkpoints, personnel assignments. Cold food didn't kill that family. Personnel assignments didn't rape
and murder that 14-year-old little girl."
Pickands' comments followed testimony describing sleepless nights and despair among soldiers assigned to patrol one of the most lawless areas in Iraq.
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Soldiers Plan to Argue Rape Tied to Distress
Iraq Checkpoint Among 'Most Stressful'
By Josh White, Washington Post Staff Writer | July 21, 2006
Attorneys for Army soldiers accused of raping an Iraqi teenager and killing her and her family in March are planning to
argue that the men were under extreme emotional distress because of the horrors of their combat assignment and will probably
challenge the alleged confessions some of the soldiers gave to investigators in Iraq.
David Sheldon, a civilian lawyer who is representing Spec. James P. Barker, said yesterday that B Company, 1st Battalion,
502nd Infantry Regiment was devastated by numerous combat casualties and repeated violent attacks in and around Mahmudiyah
before and after a group of soldiers allegedly attacked the Iraqi family March 12. Sheldon said the men were placed at a
traffic checkpoint “in one of the most stressful environments imaginable” and that commanders failed to recog
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Lawyers for Accused G.I. Say Confession Was Forced
By PAUL von ZIELBAUER | Published: July 22, 2006
BAGHDAD, Iraq, July 21 — Lawyers for one of four American soldiers charged with raping an Iraqi girl and killing her and her family
accused government interrogators on Friday of forcing a misleading confession from him during an intimidating interrogation. They also said
the interrogators had failed to tape the eight-hour interview of the soldier, though military regulations suggest doing so.
Their accusations came on a comparatively quiet but by no means peaceful day across most of Iraq. In a predawn raid in a village outside
Baquba, a city northeast of Baghdad, American and Iraqi military forces traded heavy gunfire with a group of gunmen. The battle, which included
attacks on several buildings by an American helicopter gunship, killed six people: two militants, two women, a 70-year-old man and a 2-year-old
girl, said an Interior Ministry official who spoke on condition that he not be identified because he was not authorized to speak to reporters.
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Lawyer: Combat Numbed Accused Soldiers
Associated Press, By LOLITA C. BALDOR | July 21, 2006
©2006 The Associated Press
WASHINGTON — The U.S. Army soldiers accused of raping an Iraqi teenager and killing her and her family were "numb" from the effects
of combat, and their statements in the case may have been somewhat scripted by investigators, a defense lawyer said Friday.
David Sheldon, a Washington-based attorney for one of the soldiers _ Spc. James Barker _ said that his client was interrogated for about
eight hours and that by the end of the interview, two Army criminal investigators “were saying this is how you're going to say it.”
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Judge Questions Rape Case Records Holdup
Associated Press, By ELIZABETH WHITE | July 12, 2006 PM
A judge in the trial of an Air Force Academy graduate charged with rape demanded to know Wednesday why medical records of his accuser had
not been obtained as he ordered more than a year ago.
The judge halted the court-martial of Capt. Joseph Harding in June 2005 because a civilian therapist for the woman who claims she was
raped would not hand over the documents. Harding is accused of raping the woman at the Colorado academy in 2000.
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Defense: Inaction by feds is cause to toss rape case
By Howard Pankratz, Denver Post Staff Writer
The AFA grad's attorney says a therapist he thinks has vital details should be arrested by U.S. Marshals.
The lawyer for an Air Force Academy graduate accused of raping a fellow cadet argued Wednesday that the case should be dismissed because
U.S. Marshals refuse to arrest a Colorado Springs therapist that the defense believes has information about the case.
David Sheldon, attorney for Capt. Joseph J. Harding, made the arguments at a hearing at Randolph Air Force Base, Texas.
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Soldier Acquitted in Shooting of Iraqi
Associated Press | May 27, 2005
FORT HOOD, Tex., May 26 – An Army staff sergeant was acquitted of murder Thursday in the death of an unarmed Iraqi he said he shot
to save a fellow soldier.
A jury of four soldiers and two officers deliberated for less than three hours before finding Staff Sgt. Shane Werst not guilty of
premeditated murder. He had faced a maximum of life in prison without parole.
Before the jury announced the verdict, the judge found Werst innocent of obstruction of justice, so the jury's verdict on that charge
was not revealed. Col. Theodore Dixon said he decided to rule on that charge.
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Academy Rape Trial on Hold: Judge's Action Follows Refusal of Therapist to Turn Over Notes
By Howard Pankratz, Denver Post Staff Writer | June 25, 2005
[Randolph Air Force Base, Texas] – A military judge on Friday decided to indefinitely postpone an Air
Force Academy sexual assault courtmartial, after a civilian rape counselor refused to turn over her
notes of conversations with the alleged victim.
Col. David Brash's ruling, released Friday morning, followed a day of closed hearings during which
attorneys for 1st Lt. Joseph Harding argued they could not provide an adequate defense unless they
knew whether civilian therapist Jennifer Bier had information relevant to the case in her notes.
“We believe this is appropriate and lawful,” Sheldon said.
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Commentary - The Power To Compel
By KATHLEEN A. DUIGNAN AND DAVID P. SHELDON | June 2006
The Power to Compel: Is the Ability to Subpoena Evidence a
Toothless Right in Military Courts-Martial?
The Potential Impact of United States v. Harding
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Iraqis' Accounts Link Marines to the Mass Killing of Civilians
By Richard A. Oppel Jr. and Mona Mahmoud
The military's investigation into the role of U.S. marines in the November killings may lead to charges including murder.
BAGHDAD, Iraq, May 28 - Hiba Abdullah survived the killings by American troops in Haditha last Nov. 19, but said seven others at her father-in-law's home did not. She said American troops shot and killed her husband, Rashid Abdul Hamid. They killed her father-in-law, Abdul Hamid Hassan Ali, a 77-year-old in a wheelchair, shooting him in the chest and abdomen, she said.
Her sister-in-law, Asma, "collapsed when her husband was killed in front of her eyes," Ms. Abdullah said. As Asma fell, she dropped her 5-month-old infant. Ms. Abdullah said she picked up the baby girl and sprinted out of the house, and when she returned, Asma was dead.
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Hearing on cadet rape charge
West Point - The warning attached to Lonnie A. Story's computer screen was accusatory and brief.
"You can't get away with this," the anonymous letter read, according to testimony in Story's pretrial rape investigation, which wrapped up yesterday.
"You will not graduate from West Point. You will not be an officer."
Prosecutors haven't confirmed the letter's contents, reportedly written by friends of a former cadet who has accused Story of sexual assault. One cadet who testified Thursday said the letter has been lost.
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Jury acquits Correa on charges he fondled girl
... But CPO faces sentencing for guilty pleas on sexual harassment, fraternization
By Sandra Jontz, Stars and Stripes
European edition, Thursday, April 20, 2006
NAPLES, Italy — A five-member jury acquitted a Navy chief petty officer Wednesday on allegations that he had fondled a girl last year.
Chief Petty Officer Felix Correa let out a sigh of relief as the jury foreman announced the not guilty verdict on the charge of indecent acts with a minor.
The jury of three officers and two senior enlisted sailors deliberated for nearly two hours.
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Naples court hears girl describe alleged touching by sailor
By Sandra Jontz, Stars and Stripes
European edition, Wednesday, April 19, 2006
NAPLES, Italy — The girl at the center of a case against a chief petty officer charged with indecent acts with a minor meekly testified Tuesday about the alleged incidents, and never glanced at the man who once was a close family friend.
The girl, who was 12 years old at the time Chief Petty Officer Felix Correa allegedly fondled her, spoke slowly, her voice muffled as she propped her chin either in cupped hands or on the witness stand for most of her roughly two-hour testimony.
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West Point senior says he's innocent
By Greg Bruno on April 01, 2006
West Point - The senior cadet accused of raping two former U.S. Military Academy students while away on leave last year told the Times Herald-Record he has done nothing wrong.
In an e-mail response to questions, Lonnie A. Story wrote: "I am innocent." He did not elaborate.
His Washington, D.C.-based attorney, David P. Sheldon, said yesterday, "Cadet Story is not guilty of the charges that have been brought against him, and he will vigorously defend the charges."
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Army Rebukes Congressional Aide for Abu Ghraib Role
Associated Press
Saturday, March 11, 2006; Page A20
The Army has reprimanded a senior congressional aide who served in Iraq for his role in the abuse of detainees at the Abu Ghraib prison, his lawyer confirmed yesterday.
David P. Sheldon declined to discuss the exact reason for the punishment of Army Reserve Capt. Christopher Brinson, the deputy chief of staff for Rep. Mike Rogers (R-Ala.).
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Detainees Face Limited Access to Courts
But Bill Awaiting Bush Signature Would Shield Terror Suspects from U.S. Abuse
By Josh White Washington Post Staff Writer
Saturday, December 24, 2005; Page A04
The defense authorization bill approved by Congress this week includes landmark protections for military detainees suspected of terrorist activities from abuse or mistreatment at the hands of their U.S. captors.
But the measure awaiting President Bush's signature also would limit the access of detainees held at the U.S. prison at Guantanamo Bay, Cuba, to federal courts. And it would allow the military to use confessions elicited by torture when deciding whether a detainee is an enemy combatant.
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Pentagon Studies Raising Military Lawyers' Rank
By Josh White Washington Post Staff Writer
Wednesday, December 21, 2005; Page A29
The Defense Department will evaluate whether it should raise the rank of the armed services' judge advocate generals (JAGS) to three-star positions after an independent panel of experts recommended giving the top military lawyers more power and authority within the Pentagon.
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Air Force to discharge officer for defacing cars
By Robert Weller
TThe Associated Press
DENVER — The Air Force Reserve is discharging a lieutenant colonel accused of causing thousands of dollars in damage by defacing cars bearing pro-Bush bumper stickers, his lawyer and military officials confirmed Friday.
Lt. Col. Alexis Fecteau, a pilot with 500 combat hours in the first Persian Gulf war and the Balkans, is charged with felony criminal mischief. He is accused of using paint stripper and grease to write “F--- Bush” in 18-inch-high letters on cars at Denver International Airport that had bumper stickers supporting President Bush and conservative talk-show host Rush Limbaugh.
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Patriot Act used to prosecute U.S. civilian
Associated Press | June 19, 2004
The CIA contract employee accused of abusing a prisoner in Afghanistan is being prosecuted under the Patriot Act in what legal experts are calling
a surprising and to some, troubling application of the new anti-terrorism law.
Attorney General John Ashcroft invoked the Patriot Act to assert jurisdiction in the case of David Passaro, who will be tried in federal court in
Raleigh, N.C., on four assault charges in the death of an Afghan man.
David Sheldon, a former Navy lawyer who now defends military personnel in courts-martial proceedings, said the Justice Department may be going too far.
“In my view, any time the fed eral government is expanding its jurisdiction and reach to include conduct that occurs overseas, that is startling,”
Sheldon said.
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Court Blocks Arrest of Counselor in Cadet Rape Case
Associated Press | June 12, 2005
[Denver, CO] - A federal appeals court has temporarily blocked the military from arresting a
civilian counselor for refusing to turn over records of sessions with a former Air Force Academy
cadet who said she was raped.
A lawyer for the counselor, Jennifer Bier, said there was a stay in place until Wednesday.
The government has until then to file a brief, the lawyer, Wendy Murphy, said Saturday.
Lawyers for First Lt. Joseph Harding, who is accused of raping two cadets while attending the
academy, including Ms. Bier's patient, had won a military court order requiring Ms. Bier to turn
over her records.
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U.S. military prosecution, step by step
Court-martial similar to civilian court process
CNN | May 13, 2004, 3:50 PM EDT
The military legal system is dictated by the Uniform Code of Military Justice, a federal law that sets the foundation of U.S. military law.
First, the accused person's commander recommends charges and forwards them to a special court-martial convening authority, usually a senior officer,
according to David Sheldon, a military law expert and former military defense attorney.
That officer, or authority, normally oversees the trial from beginning to end.
The authority reviews the material and orders a hearing — known as an Article 32 hearing — to determine if the charges merit a general court-martial.
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Army demotes recruiter of teen –
Sergeant admits 'poor judgment' in pursuing undercover student.
By John Aguilar, Rocky Mountain News | August 31, 2005
An Army recruiter from Golden was demoted Tuesday after admitting he encouraged an Arvada West High School student to create a fake
diploma and use a drug detox kit so the student could join the Army.
Sgt. 1st Class Eric Mulero's rank was reduced to staff sergeant, a move that carries a one-grade cut in salary, from around $39,000 to $34,300 a year.
"I know I'm a good soldier," said Mulero after pleading guilty during a summary court-martial at the Military Entrance Processing Station in downtown Denver.
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Court Upholds Ruling that Stopped Military Rape Trial
Associated Press | Aug. 17, 2005, 11:30PM
SAN ANTONIO – A military appellate court denied a bid by prosecutors to reverse a lower ruling that shelved a rape charge against an
Air Force Academy graduate accused of assaulting a fellow cadet five years ago.
A three-judge panel of the Air Force Court of Criminal Appeals ruled in favor of the defendant, 1st Lt. Joseph Harding,
in late July because the prosecution failed to file its appeal or seek an extension within the 20-day time limit stipulated under military justice rules.
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Sodomy Ruling Spurs Challenges To
Military's Policy on Gays
By Charles Lane, Staff Writer Washington Post | August 4, 2003
The first aftershocks of the Supreme Court's landmark decision striking down a Texas sodomy law have reached the U.S. military,
where the ruling is sparking new court challenges to the armed forces' ban on openly gay personnel and other rules affecting sexuality.
A gay former officer is citing the ruling, known as Lawrence v. Texas, in a lawsuit challenging his dismissal from the Army.
Another soldier is invoking Lawrence to fight his court-martial conviction for a sexual offense.
And the Pentagon's own lawyers are pondering whether the case requires adjustments to military criminal law.
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