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Copyright 2006 By The Associated Press. All Rights Reserved.

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American soldiers under investigation for alleged rape, killing of family in Iraq

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With BC-Iraq-Investigations-Glance

%photo(AP Photos BAG114-116%)

By RYAN LENZ

Associated Press Writer

BEIJI, Iraq (AP) – A group of American soldiers in an insurgent-riddled town allegedly noticed a young Iraqi woman when on patrol and later returned to rape her, according to U.S. officials Friday. In an apparent cover-up attempt, she and three members of her family then were killed and her body was set on fire.

Five U.S. troops are being investigated, a U.S. military official told The Associated Press.

It is the fifth pending case involving alleged slayings of Iraqi civilians by U.S. troops.

The suspects in the killing, which took place in March, were from the same platoon as two soldiers kidnapped and killed south of Baghdad this month, said the official, who is close to the investigation and spoke on condition of anonymity because of the sensitivity of the case.

One soldier was arrested after admitting his role in the alleged attack on the family, the U.S. official said. The official said the rape and killings appear to have been a "crime of opportunity," noting that the soldiers had not been attacked by insurgents but had noticed the woman on previous patrols.

One of the family members they allegedly killed was a child, said a senior Army official who also requested anonymity because the investigation is ongoing. Some of the suspects allegedly burned the woman's body to cover up the attack, the U.S. official said.

In Baghdad, the U.S. military issued a sparse statement, saying only that Maj. Gen. James D. Thurman, commander of the 4th Infantry Division, ordered a criminal investigation into the alleged slaying of a family of four in Mahmoudiya, 20 miles south of Baghdad.

However, the U.S. official said the soldiers were assigned to the 502nd Infantry Regiment. The official told the AP that the suspects were from the same platoon as two slain soldiers whose mutilated bodies were found June 19, three days after they were abducted by insurgents near Youssifiyah southwest of Baghdad.

The military has said one and possibly both of the slain soldiers were tortured and beheaded. The official said the mutilation of the slain soldiers stirred feelings of guilt and led at least one member of the platoon to reveal the rape-slaying on June 22.

According to the senior Army official, the alleged incident was first revealed by a soldier during a routine counseling-type session. The official said that soldier did not witness the incident but heard about it.

A second soldier, who also was not involved, said he overhead soldiers conspiring to commit the crimes and then later saw bloodstains on their clothes, the official said.

Before the soldier disclosed the alleged assault, senior officers had been aware of the family's death but believed it was a result of sectarian violence, the official said.

One of the five suspects has already been discharged for unspecified charges unrelated to the killings and is believed to be in the United States, two U.S. officials said on condition of anonymity because the investigation is ongoing. The others have had their weapons taken away and are confined to a U.S. base near Mahmoudiya.

The allegations of rape could generate a particularly strong backlash in Iraq, a conservative, strongly religious society in which many women will not even shake hands with men who are not close relatives.

The case is among the most serious against U.S. soldiers allegedly involved in the deaths of Iraqi civilians. At least 14 U.S. troops have been convicted.

Last week, seven Marines and one Navy medic were charged with premeditated murder in the shooting death of an Iraqi man near Fallujah west of Baghdad.

U.S. officials are also investigating allegations that U.S. Marines killed two dozen unarmed Iraqi civilians Nov. 19 in the western town of Haditha in a revenge attack after a fellow Marine died in a roadside bombing.

Other cases involve the deaths of three male detainees in Salahuddin province in May, the shooting death of unarmed Iraqi man near Ramadi in February, and the death of an Iraqi soldier after an interrogation in 2003 at a detention camp in Qaim.

The allegations have aroused public anger against the U.S. military presence at a time when the new Iraqi government and U.S. authorities are trying to reach out to disaffected Sunni Arabs to quell the insurgency and calm sectarian tensions.

On Saturday, Prime Minister Nouri al-Maliki leaves for a whirlwind trip to Saudi Arabia, Kuwait and the United Arab Emirates to seek support for his national reconciliation initiative, which includes an amnesty for the mostly Sunni insurgents.

Al-Maliki is also expected to brief the Sunni leadership of those three countries on his efforts to deal with the divisions between Shiites and Sunnis. Iraq's neighbors in the Persian Gulf fear sectarian tensions will spill over into their countries, which are dominated by Sunnis but have large Shiite minorities.

On Friday, radical Shiite cleric Muqtada al-Sadr rejected al-Maliki's initiative because it does not include a timetable for the withdrawal of U.S.-led foreign troops.

"We demand the occupation forces to leave the country, or at least a timetable should be set for their withdrawal," al-Sadr said during a sermon.

Despite al-Maliki's efforts, there has been no letup in Iraq's violence. The U.S. military reported four more American service members have died, including a Marine killed Friday in fighting west of Baghdad. Three Army soldiers died in combat the day before, the military said.

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AP correspondent Ryan Lenz is embedded with the 101st Airborne Division in Beiji, Iraq. He was previously embedded with the 502nd Infantry Regiment in Mahmoudiya. AP correspondent Lolita C. Baldor in Washington contributed to this report.

AP Photos of June 30: BAG114-116
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Investigators believe U.S. soldiers plotted rape, slaying attack for nearly a week

%photo(AP Photos of June 30: BAG114-116%)

By RYAN LENZ

Associated Press Writer

BEIJI, Iraq (AP) – Investigators believe American soldiers spent nearly a week plotting an attack in which they raped an Iraqi woman, then killed her and her family in an insurgent-ridden area south of Baghdad, a U.S. military official said Saturday.

The official, speaking on condition of anonymity because the investigation is ongoing, said the attack appeared "totally premeditated" and that the soldiers apparently "studied" the family for about a week before carrying out the attack.

According to the official, the Sunni Arab family had just moved into a new home in the religiously mixed area about 20 miles south of Baghdad. The Americans entered the home, separated three family members from the woman, then raped her and set fire to her body, the official said. The three others were also slain. A senior Army official who also requested anonymity because the investigation is ongoing said one of the victims was a child .

U.S. officials said they knew of the deaths but thought the victims died due to sectarian violence. A local police official, Capt. Ihsan Abdul-Rahman, said Iraqi officials received a report March 13 alleging that American soldiers had killed the family in the Khasir Abyad district about 6 miles north of Mahmoudiya.

He said he did not relay that report to American forces.

The satellite channel Al-Jazeera gave wide coverage to the alleged rape-slaying, which threatens to stoke public anger in the wake of a series of other cases of U.S. troops allegedly killing and abusing Iraqi civilians.

An Iraqi human rights activist in Amman, Jordan, pointed to other abuse allegations, in the western Iraqi town of Haditha, and called for international intervention.

"What happened in Mahmoudiya and Haditha are extreme violations of human rights. We call on the international community to intervene immediately," Mohammed al-Shekhli, head of the head of the Transitional Justice Studies Center, said in an interview with the pan-Arab satellite station.

However, Iraqi media has so far paid little attention to the allegations. There was no comment from the government, which has been focused on restoring security since it took office in May.

One of the officials familiar with details of the investigation told The Associated Press that a flammable liquid was used to burn the woman's body in a cover-up attempt. It was unclear if it was gasoline or lighter fluid.

If convicted of premeditated murder, the soldiers could receive a death sentence under U.S. military law.

The U.S. official said at least four soldiers were being investigated. Two other U.S. officials said Friday that five were under investigation but one already had been discharged for unspecified charges unrelated to the killings and was believed to be in the United States.

The U.S. command has said only that Maj. Gen. James D. Thurman, commander of U.S. forces in the Baghdad area, had ordered a criminal investigation into the alleged slaying of a family of four.

Those troops under investigation are from the same platoon as two soldiers kidnapped and killed south of Baghdad this month, another official said Friday. Their mutilated bodies were found June 19, three days after they were abducted by insurgents near Youssifiyah, southwest of Baghdad.

The military has said one and possibly both of the slain soldiers were tortured and beheaded. The official said the mutilation of the slain soldiers stirred feelings of guilt and led at least one member of the platoon to reveal the rape-slaying on June 22.

The senior Army official said the alleged incident was first revealed by a soldier during a routine counseling-type session. The Army official said that soldier did not witness the incident but heard about it.

A second soldier, who also was not involved, said he overhead soldiers conspiring to commit the crimes and then later saw bloodstains on their clothes, the Army official said.

Iraq is a conservative, strongly religious society where many women are sheltered from contacts with males who are not family members.

The case is among the most serious against U.S. soldiers allegedly involved in the deaths of Iraqi civilians. At least 14 U.S. troops have been convicted.

Last week, seven Marines and one Navy medic were charged with premeditated murder in the shooting death of an Iraqi man near Fallujah west of Baghdad.

In Haditha, U.S. officials are investigating allegations that U.S. Marines killed two dozen unarmed Iraqi civilians Nov. 19 in a revenge attack after a fellow Marine died in a roadside bombing.

Other cases involve the deaths of three male detainees in Salahuddin province in May, the shooting death of unarmed Iraqi man near Ramadi in February, and the death of an Iraqi soldier after an interrogation in 2003 at a detention camp in Qaim.

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Associated Press correspondent Ryan Lenz is embedded with the 101st Airborne Division in Beiji, Iraq. He was previously embedded with the 502nd Infantry Regiment in Mahmoudiya. AP writers Lolita C. Baldor in Washington and Bassem Mroue in Baghdad contributed to this report.

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aD8IO18BG0 07-08-2006 16:23:10 BC-Iraq-Rape Investigation:U.S. authoritie

aD8IO1HAG0 07-08-2006 16:42:18*F BC-Iraq-Rape Investigation, 1st Ld-Writeth

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U.S. authorities ask to exhume remains of alleged Iraqi rape victim

Eds: SUBS 8th graf, 'Based on ...,' to RESTORE dropped words, SUBS grafs 19-20, "These crimes ... values training.', to RESTORE dropped word and DELETE extraneous word.

By RYAN LENZ

Associated Press Writer

TIKRIT, Iraq (AP) – U.S. investigators have asked Iraqi authorities to help them navigate cultural sensitivities to exhume the body of a teenager allegedly raped and murdered with her family by American soldiers, a military official said Saturday.

U.S. Maj. Mark Wright said U.S. authorities are aware that Islamic tradition has strict rules governing exhumation and could require religious leaders to become involved in the investigation.

"You want to be aware of these cultural issues while at the same time making sure that the accused receives proper justice," Wright, a spokesman for the U.S.-led coalition in Iraq, told The Associated Press.

Muslim tradition generally frowns on exhumations, considering them desecration of the remains.

However, Ahmed Taha, the uncle of the dead teen, told AP Thursday that relatives were eager to cooperate with investigators and would allow them to exhume the body of the alleged rape victim, Abeer Qassim Hamza. Her parents and sister were also slain.

Ex-soldier Steven D. Green was arrested last week in North Carolina and has pleaded not guilty to one count of rape and four counts of murder.

Four soldiers from the 1st Battalion, 502nd Infantry Regiment have been taken to a U.S. military camp in Baghdad for questioning, Wright said. He would not say if those soldiers had been arrested, but another U.S. official said Saturday that several more soldiers would soon be charged. The official spoke on condition of anonymity because the investigation is ongoing.

Based on interviews and records, the U.S. military now believes the woman who Green is accused of raping and killing was between the ages of 14 and 20, Army spokesman Paul Boyce said Friday. While the military initially said she was 20, Boyce said he has seen documents that indicate she could have been about 14.

Wright said officials are also considering whether certain parts of a standard Western autopsy would be taboo in Iraq and if a religious leader or family members should be present to ensure cultural barriers are not crossed.

He said U.S. military commanders in Iraq are working with the family's relatives to expedite the investigation, but that it was not immediately clear whether Iraqis or Americans would have custody of the woman's remains.

U.S. officials are concerned that the alleged rape-slaying, which occurred March 12 near Mahmoudiya, south of Baghdad, will strain relations with the new U.S.-backed government and increase calls for changes in the agreement that exempts American soldiers from prosecution in Iraqi courts.

Prime Minister Nouri al-Maliki has demanded an independent investigation into the case, which followed a series of allegations that U.S. troops killed and mistreated Iraqi civilians.

According to an FBI affidavit, Green and at least two others targeted the teenager and her family for a week before the attack, which wasn't revealed until witnesses came forward in late June.

The soldiers drank alcohol, abandoned their checkpoint, changed clothes to avoid detection and headed to the victims' house, about 200 yards from a U.S. military checkpoint in the so-called "Triangle of Death", a Sunni Arab area south of Baghdad known for its violence, the affidavit said.

In the week since the allegations came to light, the military has remained tightlipped even amid growing cries by Iraqi leaders for a fair investigation.

President Bush, speaking on CNN's "Larry King Live" last Thursday, said the Iraqis should understand that the allegations will be handled "in a very transparent upfront way."

"People will be held to account if these charges are true," Bush said.

In the chow halls and barracks, many soldiers remain convinced that the alleged rape and killings in Mahmoudiya were aberrations and that most American service members respect the rules of war.

"These crimes are against all the Army values, so if you don't have any of those values, you shouldn't even call yourself a soldier," said Staff Sgt. Ahmand Brown, 28, of Flint, Mich.

In the aftermath of claims that Marines killed civilians in the western town of Haditha in November, the U.S. military in Iraq ordered all personnel to undergo values training.

The Army has also paid greater attention to its rules of engagements, which determine when a soldier can use deadly force. But a bad soldier is a bad soldier, no matter the training, Brown said.

Green, who served 11 months with the 101st Airborne Division, based at Fort Campbell, Ky., received an honorable discharge and left the army in mid-May. He was discharged because of an "anti-social personality disorder," according to military officials and court documents.

But even before the rape-murder allegation surfaced, the military was investigating an incident in which three soldiers from the same battalion were killed by insurgents near Youssifiyah. Two of them apparently were abducted and slain, with their bodies mutilated.

U.S. officials insist they have no evidence that the incidents are related.

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Associated Press Correspondent Ryan Lenz is embedded with the 101st Airborne Division in Tikrit, Iraq.

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aD8IOFL6G0 07-09-2006 08:46:18 BC-Iraq-Rape Investigation:4 U.S. soldiers

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5 more U.S. soldiers charged in rape of Iraqi teen, slaying of family

Eds: SUBS graf 3 to ADD details on Green charges; AP Video.

By RYAN LENZ

Associated Press Writer

TIKRIT, Iraq (AP) – Four more U.S. soldiers have been charged with rape and murder and a fifth with dereliction of duty in the alleged rape-slaying of a young Iraqi woman and the killings of her relatives in Mahmoudiya, the military said Sunday.

The five were accused Saturday following an investigation into allegations that American soldiers from the 101st Airborne Division raped the teenager and killed her and three relatives at her home south of Baghdad.

Ex-soldier Steven D. Green was arrested last week in North Carolina and has pleaded not guilty to one count of rape and four counts of murder. He was ordered held without bond on the charges, which carry a possible death penalty.

The U.S. statement said the five soldiers still on active duty will face an Article 32 investigation, similar to a grand jury hearing in civilian law. The Article 32 proceeding will determine whether there is enough evidence to place them on trial.

One of the soldiers was charged with failing to report the attack but is not believed to have participated in it directly, the statement said. The four facing murder charges could face the death penalty if convicted.

The names of the five were not released, but a U.S. military official, speaking on condition of anonymity because of the ongoing investigation, said Sunday that the soldiers recently charged are two sergeants, two privates first-class and one specialist.

The March 12 attack on the family was among the worst in a series of cases of U.S. troops accused of killing and abusing Iraqi civilians.

U.S. officials are concerned the alleged rape-slaying will strain relations with the new U.S.-backed government and increase calls for changes in an agreement that exempts American soldiers from prosecution in Iraqi courts.

Prime Minister Nouri al-Maliki has demanded an independent investigation into the case, which followed a series of claims that U.S. troops killed and mistreated Iraqi civilians.

According to an FBI affidavit filed in Green's case, he and at least two others targeted the teenager and her family for a week before the attack, which was not revealed until witnesses came forward in late June.

The soldiers drank alcohol, abandoned their checkpoint, changed clothes to avoid detection and headed to the victims' house, about 200 yards from a U.S. military checkpoint in the so-called "Triangle of Death," a Sunni Arab area south of Baghdad known for its violence, the affidavit said.

The affidavit estimated the rape victim was about 25. But a doctor at the Mahmoudiya hospital gave her age as 14. He refused to be identified for fear of reprisals.

Green is accused of raping the woman and killing her and three relatives – an adult male and female and a girl estimated to be 5 years old. An official familiar with the investigation said he set fire to the rape victim's body in an apparent cover-up attempt.

Iraqi authorities identified the rape victim as Abeer Qassim Hamza. The other victims were her father, Qassim Hamza; her mother, Fikhriya Taha; and her sister, Hadeel Qassim Hamza.

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Iraqi medic describes finding burned body of girl in US troops' rape-slaying hearing

Eds: UPDATES throughout with Iraqi medic's testimony; CHANGES style on Iraqi names.

By RYAN LENZ

Associated Press Writer

BAGHDAD, Iraq (AP) – An Iraqi army medic told a U.S. military hearing Sunday he was sick for weeks after finding the naked and burned body of a 14-year-old girl allegedly raped and murdered by American soldiers south of Baghdad

The medic gave his testimony on the opening day of a hearing to determine whether five U.S. soldiers must stand trial in the March 12 rape-slaying of Abeer Qassim al-Janabi and the killing of her parents and sister.

It is among the worst in a series of cases of alleged abuse of Iraqis by American soldiers.

The medic, whose name was withheld for security reasons, told the hearing that he was the first responder to enter the house and found the girl sprawled naked in the house, her torso and head burned by flames. She had a single bullet wound under her left eye, he said.

He testified that he found Abeer's 5-year-old sister, Hadeel, in an adjacent room. She was shot in the head and the bullet had blown out the back of her head, he said. The children's father, Qassim, and their mother, Fikhriya – had suffered similar deaths: the mother's abdomen and chest were riddled with bullets, he said.

After witnessing the scene, the medic said he was ill for weeks.

He also told the hearing that because the Mahmoudiya hospital did not have enough space to store the bodies, they were kept in an air-conditioned ambulance overnight, and buried the following day.

Four soldiers – Sgt. Paul E. Cortez, Spc. James P. Barker, Pfc. Jesse V. Spielman, Pfc. Bryan L. Howard – have been accused of rape and murder – and could face the death penalty. A fifth, Sgt. Anthony W. Yribe, is accused of failing to report the attack but is not alleged to have been a direct participant.

A former private, Steven D. Green, was arrested in North Carolina in June on rape and murder charges. Green has pleaded not guilty in federal court and is being held without bond.

The proceeding that opened Sunday is referred to as an Article 32 hearing, and is the military equivalent of a grand jury session.

The medic was among three Iraqi witnesses to testify Sunday. Reporters were not allowed to hear the first two witnesses but were allowed back in the hearing room when the medic took the stand.

Military prosecutor Capt. William Fischbach showed him several bloody crime scene photographs to confirm if the bodies were as he found them when he entered the room.

However, defense attorneys alleged that the bodies were staged for the pictures. They also questioned whether the victims were shot to death, suggesting they were already dead when the bullets were pumped into their bodies.

U.S. officials are concerned the case will strain relations with Iraq's new government if Iraqis perceive the soldiers receive lenient treatment. The case has already increased demands for changes in an agreement that exempts U.S. soldiers from prosecution in Iraqi courts.

U.S. officials have assured Iraqis that the case will be pursued vigorously and that the soldiers will be punished if convicted. Prime Minister Nouri al-Maliki has demanded an independent investigation into the case.

The hearing is expected to last several days, and parts will be held in secret.

U.S. soldiers' conduct has come under spotlight over a series of similar cases.

Four soldiers from another regiment have been accused of killing three Iraqi detainees in Samarra three months ago. The Article 32 hearing in that case wrapped up Friday in Tikrit but no decision on a trial was announced.

The U.S. command also said Saturday that Sgt. Milton Ortiz Jr. of the 2nd Battalion, 28th Infantry Regiment of the Pennsylvania National Guard, was reduced in rank to specialist after pleading guilty to conspiracy to obstruct justice by placing a rifle near a mortally wounded Iraqi in February and threatening and assaulting an Iraqi in March.

The charges resulted from the killing of an unarmed Iraqi near Ramadi by Spc. Nathan Lynn, who was cleared last month of manslaughter and conspiring to obstruct justice.

Also, the Marine Corps and Navy prosecutors are reviewing evidence to determine whether to recommend criminal charges against Marines accused of killing 24 Iraqi civilians in Haditha in November.

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aD8JU8SQO1 09-04-2006 16:36:59 BC-Iraq-Rape Slaying:Courts-martial recomm

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Courts-martial recommended for four U.S. soldiers accused of raping, killing Iraqi girl

Eds: LEADS thruout with details, background.

By REBECCA SANTANA

Associated Press Writer

BAGHDAD, Iraq (AP) – A U.S. Army investigator has recommended that four American soldiers accused of raping a a 14-year-old girl and of killing her and her family face a court-martial, a lawyer in the case confirmed on Monday.

Col. Dwight Warren, the investigator in the case, said in a report issued Sunday that "reasonable grounds exist to believe that each of the accused committed the offense for which he is charged."

The report was given to lawyers in the case and obtained by The Associated Press from David Sheldon, the lawyer of one of the defendants.

The four soldiers of the 101st Airborne Division are charged with raping Abeer Qassim al-Janabi in her family's home in Mahmoudiya, about 20 miles south of Baghdad, then killing her along with her parents and her younger sister. Military prosecutors say the four set the teenager's body on fire to hide their crime.

The soldiers accused of rape and murder – Spc. James P. Barker, Sgt. Paul E. Cortez, Pfc. Jesse V. Spielman and Pfc. Bryan L. Howard – could potentially face the death penalty. Another soldier, Sgt. Anthony W. Yribe, is accused of failing to report the attack but is not alleged to have been a direct participant.

Another soldier who was said to have allegedly planned the attack, Pfc. Steven D. Green, was discharged from the army because of a "personality disorder" before the allegations became known. He was arrested in June shortly after the allegations became known. He has pleaded not guilty to rape and murder charges and is being held in a civilian court in the United States.

Sheldon, who is counsel to Barker, said the soldiers were abandoned by a military command that did not give them the support that they needed either in the field or in the courtroom.

"I'm not surprised given the events in this case. It was apparent that neither Spc. Barker nor any of the other soldiers were going to get a fair hearing," Sheldon told the AP. He added that he would be filing an objection within the five days allowed after he received the recommendation from the investigator.

Mahmoudiya is an extremely violent region in Iraq in an area known as the "triangle of death" for the numerous attacks by insurgents, and lawyers are expected to use extreme combat stress as a defense.

Testimony in early August during the soldiers' Article 32 hearing – similar to a civilian grand jury hearing – painted a picture of a unit almost constantly on edge from repeated attacks and demoralized by the loss of fellow soldiers.

"Each one of these soldiers had experienced extreme combat distress," Sheldon said.

In his report, the army investigator did not make a recommendation on whether the accused should face the death penalty, but he outlined aggravating factors that could be considered.

"I believe evidence exists that the actions of the accused could have created a grave risk of substantial damage to the mission of the United States, and that substantial damage to the national security might have resulted," Warren wrote.

The allegations of rape and murder have bolstered Iraqi accusations of misconduct by soldiers, including illegal killings, beatings and inhuman treatment. The allegations have increased the mistrust and resentment among Iraqis of the American military and increased calls for their withdrawal.

––––

Associated Press writer Ryan Lenz in Evansville, Ind., contributed to this report.

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aD8KR7BH00 10-18-2006 14:43:16 BC-Soldiers Charged:Court-martials ordered

aD8KR9I982 10-18-2006 17:14:13 BC-Soldiers Charged, 1st Ld-Writethru:Cour

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Court-martials ordered for 8 soldiers on murder charges stemming from Iraq service

Eds: INSERTS two grafs after 4th graf 'Barker's attorney' to UPDATE with comment from lawyer.

By RYAN LENZ

Associated Press Writer

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.

Sheldon also said that he and prosecutors have signed a plea agreement, but wouldn't discuss details. Any agreement would still have to be approved by the court.

"One of the things that the government factors is cooperation of co-accused. And I would certainly think that is a factor in who faces the death penalty in this and who doesn't," Sheldon said.

Green, who has pleaded not guilty to one count of rape and four counts of murder, will be tried in federal court in Kentucky.

Military prosecutors have said the five – all from the division's 502nd Infantry Regiment – planned the attack from a checkpoint near the family's home, changed their clothing to hide their identities and set the girl's body on fire to destroy evidence.

Their unit suffered months of bombings and shootings that felled dozens of comrades. Defense attorneys have argued that soldiers of every rank were emotionally ragged and strained.

In statements given to military investigators, Spielman was described as a "look-out" while the others entered the home. His attorneys said they were shocked that he faces a death penalty.

"Even according to the government's evidence that they're putting forth, Jesse isn't even a principal in murder and rape," said Craig Carlson, Spielman's attorney.

Several of the soldiers have military defense attorneys, who are prohibited from discussing their cases outside of a courtroom.

Four soldiers from the division's 3rd Brigade also will be tried in a separate court-martial on charges of murdering Iraqi detainees in northern Iraq's Salahuddin province during a raid on a village.

Pfc. Corey R. Clagett, Spc. William B. Hunsaker, Staff Sgt. Raymond L. Girouard and Spc. Juston R. Graber are accused of murdering three Iraqi men taken from a house May 9 on a marshy island outside Samarra, about 60 miles north of Baghdad.

Maj. Gen. Thomas R. Turner has not yet ruled on whether to order a court-martial for Sgt. Anthony W. Yribe, who is accused of failing to report the attack on the girl but is not alleged to have been a direct participant. Yribe has requested a discharge from the Army in lieu of a court-martial.

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1 of 4 U.S. soldiers charged in rape of Iraqi girl and killing of her family pleads guilty

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By RYAN LENZ

Associated Press Writer

FORT CAMPBELL, Ky. (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."

Anderson accepted the plea agreement, which calls for Barker to serve at least life in prison. The judge will decide in a hearing Thursday whether Barker should be allowed to seek parole.

Sgt. Paul E. Cortez, 24, and Pfc. Jesse V. Spielman, 22, 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, 19, also deferred entering a plea at his arraignment in October.

A fifth person, former Army private Steve Green, 21, pleaded not guilty last week to civilian charges including murder and sexual assault.

Green was discharged from the Army for a "personality disorder" before the allegations became known, and prosecutors have yet to say if they will pursue the death penalty against him.

The group is accused of raping the girl and burning her body to conceal their crimes, then killing the girl's father, mother and 6-year-old sister.

After entering his plea Wednesday, Barker gave the court a vivid account of the events.

Barker said he and the others were drinking and playing cards while they manned a traffic checkpoint. Green brought up the idea of raping the girl and killing her family, he said.

"He brought it up to me and asked me what I thought about it. At a couple of points, I told him he was crazy," Barker said.

Barker said he and Green then approached the others with the idea, but there never was a verbal agreement to do it.

"Things just got set in motion, we just started changing (clothes), myself, Cortez and Green," Barker said. "By the time we started changing clothes, it was more or less a nonverbal agreement that we were going to go along with what we were discussing."

Barker said he, Green and Cortez raped the girl, and Green killed the girl, her parents and her sister.

Barker did not name Spielman and Howard as participants in the rape and slayings, though he said they were at the house when the assault occurred and had come knowing what the others intended to do.

Under military law, soldiers who are present when a crime is committed can be charged with that crime even if they did not play an active role.

Cortez, who could face the death penalty if convicted, and Howard watched from the audience as Barker described the assault. They were accompanied by their defense attorneys and declined to comment.

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Death penalty dropped as possible penalty for soldier charged with rape, murder in Iraq

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By RYAN LENZ

Associated Press Writer

FORT CAMPBELL, Ky. (AP) – The Army dropped the death penalty Wednesday as a possible sentence for a soldier charged with rape and murder in the deaths of 14-year-old girl and three others in Iraq.

Pfc. Jesse V. Spielman, 22, now faces a maximum sentence of life in prison without parole if convicted, said Maj. Don Lobeda, an attorney with the 101st Airborne Division.

Spielman, one of four soldiers charged in the March 12 attack in Mahmoudiya, a village about 20 miles south of Baghdad, sat motionless as charges were read during an arraignment hearing. An April 2 trial date was set.

Investigators said the soldiers tried to burn the girl's body to destroy evidence of the assault.

The killings in Mahmoudiya, a village about 20 miles south of Baghdad, were considered among the worst in a series of alleged attacks on civilians and other abuses by U.S. military personnel in Iraq.

"We look forward to trial and proving that Jesse was not involved in rape and murder," attorney Craig Carlson, who leads Spielman's defense team, told The Associated Press by telephone.

The military is preparing to court-martial other soldiers charged in the attack.

Sgt. Paul E. Cortez, 24, is the only soldier now facing possible execution if convicted. Pfc. Bryan L. Howard, 19, faces a maximum sentence of life in prison if convicted in a court-martial next year. Both Howard and Cortez deferred entering pleas during their arraignments this past fall.

Spc. James P. Barker, 23, pleaded guilty last month to rape and murder as part of an agreement to avoid the death penalty. He was sentenced to 90 years in prison and is being held at Fort Leavenworth, Kan.

In a hearing last month, Barker did not name Spielman and Howard as participants in the rape and murders but said Spielman was at the house when the assault took place and had come knowing what the others intended to do.

Prosecutors have alleged that Howard was at a checkpoint monitoring the radio and knew what the others were planning.

Former Pfc. Steven Green, has pleaded not guilty in federal court to rape and murder charges. Prosecutors have not said whether they will seek the death penalty against Green, who was discharged from the Army for a personality disorder.

The soldiers belonged to the 502nd Infantry Regiment, which completed a yearlong deployment to Iraq in November.

Four other soldiers from the division's 187th Infantry Regiment also face murder charges stemming from the death of three Iraqi detainees near Samarra. The first of those soldiers, Pfc. Corey R. Clagett, is scheduled to be court-martialed in January.

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U.S. soldier, accused of murder, had been diagnosed 3 months earlier as having homicidal ideas

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By RYAN LENZ

Associated Press Writer

FORT CAMPBELL, Ky. (AP) – An Army private charged with the slaughter of an Iraqi family was diagnosed as a homicidal threat by a military mental health team three months before the attack.

Pfc. Steven D. Green was found to have "homicidal ideations" after seeking help from an Army Combat Stress Team in Iraq on Dec. 21, 2005. Green said he was angry about the war, desperate to avenge the death of comrades and driven to kill Iraqi citizens, according to an investigation by The Associated Press.

The treatment was several small doses of Seroquel – a drug to regulate his mood – and a directive to get some sleep, according to medical records obtained by the AP. The next day, he returned to duty in the particularly violent stretch of desert in the southern Baghdad suburbs known as the "Triangle of Death."

No follow-up exams or further treatments were scheduled, records indicate. But Green had a conversation with his battalion commander one month after the examination in which he expressed hatred for all Iraqis.

On March 12, 2006, Iraqi police reported a break-in at the home of a family in Mahmoudiya, about 20 miles from Baghdad. The intruders shot and killed the father, mother and two young daughters. The older girl, 14-year-old Abeer Qassim al-Janabi, was raped and her body set afire.

The carnage first was assumed to be the work of insurgents. That changed in late June when two members of Green's unit told their superiors of suspicions that soldiers were involved in the killings. Now the Army believes Green and four other soldiers are responsible. One of them has confessed and provided information to prosecutors; in testimony at his court-martial, the soldier identified Green as the ringleader.

If the charges are true, the attack would be among the most horrific instances of criminal behavior by American troops in the nearly four-year-old war. It also would represent a worst-case scenario for the military's much-criticized practice of keeping mentally and emotionally unfit personnel in the killing fields of Iraq.

Col. Elspeth Cameron Ritchie, psychiatry consultant to the Army Surgeon General, would not specifically discuss Green when contacted by the AP. She did defend the military's policies regarding the treatment of emotionally or psychologically distressed soldiers.

"If unresponsive to treatment and/or a persistent danger to self or others, they will be evacuated," Ritchie said in an e-mail.

The 101st Airborne Division declined to comment on Green, saying it would be inappropriate to discuss an ongoing federal case. An Army spokesman at the Pentagon did not return calls.

The Army and the Marines, who have the most personnel on the ground in Iraq, have been faulted for the manner in which troops with mental and emotional difficulties are being treated.

Sending troops already in Iraq who have been diagnosed with mental illness back to combat duty – often under medication that has not been prescribed long enough to have provided relief – has been a particular criticism.

The Army has estimated that one in six soldiers in Iraq suffer from post-traumatic stress disorder. Few are treated adequately or allowed to return home, according to a May 2006 study by the Government Accountability Office.

The GAO report also found military mental health clinicians often fail to know what factors qualify a soldier for discharge or further treatment.

Other reports have criticized the military for failing to adhere to its own policies regarding the testing of troops before they are deployed. Green's medical reports show he suffered from attention-deficit hyperactivity disorder and was given the stimulant methylphenidate through the eighth grade. He told doctors it made him feel "wired." The disorder can disqualify a person if the recruit had been taking medication for it in the 12 months preceding enlistment.

Green has been charged with the murders and rape and pleaded not guilty in federal court in Kentucky. He is being tried in federal court because his arrest came after he had been discharged from the Army. Three others face the same charges and will be court-martialed.

From interviews with people who spoke on condition of anonymity because they were not authorized by the military to discuss the case, and from viewing the Army's medical and investigative records, the AP also has learned:

– Three months passed without Army doctors and clinicians from the Combat Stress Team having any contact with Green. He was summoned for a second examination on March 20, 2006 – eight days after the killing of the family. Commanders heard reports Green had thrown a puppy from the roof of a building and then set the animal on fire while on patrol. Green was diagnosed as having an anti-social personality disorder and declared unfit for service. The process of discharging him began a week later and he was sent home.

– The Army's own investigation of Green's initial treatment, prompted by concerns he and others would use mental health problems as a defense in trial, is highly critical. Among the most salient findings from a July review of Green's treatment: "Although a safety assessment was conducted, there is no safety plan addressing how Soldier (Green) will keep from acting on his homicidal thoughts."

– Lt. Col. Elizabeth Bowler, a psychiatrist and Army reservist from California who took over the Combat Stress Team with Green's unit in January, recommended his discharge after the second examination in March. Yet she wrote a final evaluation that said Green exhibited no traits that would indicate dangerously erratic or homicidal moods, according to documents viewed by The AP.

Steven Green was not a dominating personality while growing up in Texas. His schoolmates in Midland had a nickname for the lanky kid: The Drifter.

He was an unpredictable boy from a broken home. After his arrest, classmates said they recalled him crushing soda cans on his forehead until he bled. He would dance wildly to get attention, they said.

His Army medical reports note several arrests as a juvenile for possession of marijuana, assault and violating his probation.

Green received a high-school equivalency degree in 2003 and bounced from town to town in Texas before joining the Army in 2005.

He deployed to Iraq in September 2005 from Fort Campbell with a battalion from the 101st Airborne Division's 502nd Infantry Regiment. The unit was charged with security operations and assisting Iraqi army units in the "Triangle of Death."

Explosions were frequent, especially from bombs placed along winding roads that connected Mahmoudiya, Youssifiyah and Latifiyah – the three cities that give the triangle its name. U.S. forces routinely came under fire as they patrolled.

The casualty numbers reflected the tough duty: Thirty-eight soldiers from Green's regiment were killed during its 13-month deployment, and roughly half of the more than 1,000 soldiers in his battalion sought help for mental health problems, according to Army records.

Eleven days before Green's first visit with the stress team in December 2005, he and five others were manning a checkpoint when an Iraqi civilian approached, according to testimony in military hearings. The civilian was familiar because of his status as a sometimes informant. He greeted the soldiers warmly before pulling a pistol from his belt and shooting two of them at point-blank range.

Staff Sgt. Travis L. Nelson, 41, was shot in the face and died immediately. Sgt. Kenith Casica, 32, whose frequent jokes endeared him to the troops, also was hit.

Casica died beneath Green on the hood of a Humvee as the soldiers raced to a field hospital miles away.

Green's behavior worsened after that, according to commanders. He was belligerent and undisciplined. He grew confrontational with superiors and fellow soldiers. He wore his pants low and cocked his hat to the side when not on patrol. He was directed to visit doctors a second time.

Before that examination, however, Green's platoon was ordered to investigate the murder of the family, which the Army believed was the work of insurgents. When he met again with the combat stress team on March 20, Green said he couldn't forget seeing the bodies in the house.

In a questionnaire, he described his mood as erratic and said he thought of killing "all Iraqi nationals."

"It's good a lot and then it flips to where I don't care and I want to kill all the Hajj," Green wrote, using soldier slang for Iraqis.

Green said that he had hallucinations and that his fellow soldiers had grown concerned for his well-being. Doctors gave Green a prescription for Ambien to help him sleep and Lexapro to improve his mood. Eight days later, Bowler told commanders that Green was unfit for service, according to documents.

There is no evidence that Green's discharge resulted from concerns he was involved in the murder of the family. Bowler did not respond to calls and e-mails seeking comment.

The discharge was concluded in May 2006. It included a contention from Lt. Col. Thomas Kunk, Green's battalion commander, that the Army failed to identify "pre-enlistment personality problems in time to effect obtaining proper treatment for Private Green," according to documents viewed by the AP.

The Pentagon issued new guidelines in November that prevent personnel with certain pre-existing mental problems from deploying to Iraq or Afghanistan. Clinicians evaluating whether a soldier in Iraq or Afghanistan is fit for service are now required to review all medical records. Mental illnesses that are not expected to be resolved in one year will be cause for discharge.

The Army's hearings on the family's murder concluded in August. Those who testified put forth this outline of the crime:

The plot to rape and kill was hatched as the soldiers hit golf balls at a checkpoint. They had seen the older daughter on patrols in the area. After drinking whiskey bought from Iraqi policemen, they masked their faces and crept through backyards in afternoon daylight to get to the family's home.

They knew the family kept a gun in one bedroom for protection.

Once in the house, Green herded the father, mother and 5-year-old daughter to another room, closed the door and shot them dead. Green had blood on his clothes and boots when he returned.

Green and at least two others took turns raping the other daughter before killing her with the family's AK-47. They set her body on fire with kerosene dumped from a lamp in the kitchen in an effort to hide evidence.

Steven Green is in custody at an undisclosed location in Kentucky, according to federal law-enforcement officials. Prosecutors have not said if they will seek the death penalty.

Pfc. Jesse V. Spielman, 22, of Chambersburg, Pa.; Sgt. Paul E. Cortez, 24, of Barstow, Calif., and Pfc. Bryan L. Howard, 23, of Huffman, Texas, have been charged with rape and murder and await courts-martial. They are in custody at Fort Campbell.

Spc. James P. Barker, 24, of Fresno, Calif., pleaded guilty in November as part of an agreement to testify against the others. In a confession before a military judge, Barker, who is being held at Fort Leavenworth in Kansas, described the rape, Green's role and his own mental state when Green approached him with the idea of the attack.

Lt. Col. Richard Anderson, the military judge hearing that case, asked Barker why he agreed to participate.

"I hated Iraqis, your honor," Barker replied. "They can smile at you then shoot you in your face without even thinking about it."