Posted on 08/02/2011 9:07:03 AM PDT by seekthetruth
To the thousands of Michael Behenna supporters,
We are pained to share with you that the Army Court of Appeals has upheld Michael’s conviction and denied him a new trial. The appeal process took over two years (six months longer than is allowed by law) and their ruling was an absolute punch in the gut to justice for a young man who fought so bravely for this country.
Back in March of 2009 the sting of Michael’ conviction was eased somewhat by the knowledge that critical evidence was not heard at trial which made us hopeful for a successful appeal. During the trial, from beginning to end, the military argued Michael executed the al-Qaida cell leader Ali Mansur while he was seated on a rock. But in their appeal brief the military changed gears and argued that it didn’t matter how Mansur was killed because Michael lost his right to self-defense the moment he pointed his weapon at Mansur.
From our experience in the civilian appellate process we felt confident that a review of what had occurred during the trial would uncover the egregious errors committed by the Prosecution and the Trial Judge, including the Brady law violation involving non-disclosure of the PROSECUTION expert witness’s opinion that the forensic evidence supported Michael’s testimony of self-defense as the ‘only logical explanation’ of what occurred in that Iraqi culvert. However, the twisted logic of the Appeals Court not only agreed with the trial judge, but even introduced language in their ruling that was never even part of the original trial. The substance of this appellate opinion was void of any indication that the facts and issues were really evaluated to a logical legal conclusion.
The following quotes used in the appellate opinion are indicative of what the appellate court used as a basis for their decision and should strike fear in every soldier and Marine serving in a combat zone:
Commenting on Michael pointing his weapon at Mansur (a known al-Qaida member who both Michael and Army intelligence believed was involved in the blowing up of Michael’s convoy); "If, confronted by this demonstration of DEADLY FORCE, Ali Mansur, under these circumstances, attempts to turn the very same Glock pistol towards appellant, his assailant, there can be no escalation sufficient legally to excuse Ali Mansur's killing." By this logic every time a soldier points his gun at anyone, whether at a checkpoint or entering a village, they have assaulted those people by virtue of pointing their gun at them and if someone gets shot then they should be brought up on charges of murder. No consideration is even given that this is a war zone. When confronted with Mansur standing and reaching for Michael’s weapon; "There is no evidence that Ali Mansur made contact with the appellant’s weapon. At that point, the appellant (Michael), in full battle armor, with much of his platoon standing nearby, ready to defend him, did not keep moving to the left away from the victim into the vast expanse of desert, did not shout for assistance, but instead shot the victim two times."
So if a police officer in America has his gun pointed at a known killer and that killer suddenly lunges for his gun the police officer’s only option is to turn and run while yelling for backup? Seriously, who comes up with this nonsense! Unfortunately, the entire Appellate opinion was full of this kind of logic.
We are to going to appeal to the final level, the Court of Appeals of the Armed Forces (CAAF), but their opinion will take at least eight months to a year before it is issued. Despite losing the first two rounds to a corrupt and outdated military justice system that refused to guarantee one of the most basic rights that Michael and his men fought for – the right to a fair trial, there is one positive to mention:
CAAF is a civilian court that is supposed to be completely removed from all military influence. That is a good thing…for what we have learned through this ordeal is that the Military Justice System is in fact beyond broken. As one article on military corruption put it, ‘Military justice for the majority is prefabricated according to the wishes of the local Commander, and the "trial" or "court-martial" is tantamount to a pre-ordained verdict of GUILTY.
How could any court proceeding be considered fair when the "convening authority," by right of title, is given the power to select the judge, the jury and defense and prosecution attorneys? It may go "unsaid," but the implication is very clear - if the convening authority "sees fit" to bring about a court-martial, then the accused can be assumed to be guilty. In the U.S. military, the court-martial conviction rate of 98% "rivals that of Communist China." Innocent until proven guilty" by an "impartial judge" is the right of every American. The military deserves a jury that can seek out the truth without fear of retaliation.’
We want you to know that despite everything that has happened to him over the past three plus years Michael is doing well. In the next week or so we will be sending out a letter that Michael has written to all of you - his incredible supporters who have stood beside him throughout all of this madness.
Please continue to contact your Congressional Delegations to put pressure on the Army regarding Michael’s case. And most importantly please continue to write to Michael. All of your efforts have helped us to spread Michael’s story as we promised him we would do when he was hauled away in handcuffs over two and a half years ago. For Michael and the other Leavenworth 10 warriors who are behind bars and the thousands of brave soldiers and Marines who are on the front lines facing an enemy that wants to kill them and a JAG corp that wants to imprison them –
THIS FIGHT IS FAR FROM OVER!
Respectfully, Scott & Vicki Behenna Proud Parents of 1LT Michael Behenna http://www.defendmichael.com/
Setting in judgement of what they know nothing of. Words fail.
Bookmarked
Calculating is one word that describes this administration, those with ties and connections to this administration and friends of this administration. What has happened to Michael Behenna, unfortunately, makes perfect sense. Thank you for posting. Michael and his family are living a nightmare and need our support and prayers.
Related ping.
double damn.
My goal is to spread the word as far as I can about Michael Behenna’s case, so hoping Freepers who read this thread will do everything they can to get the word out.
Although I have been a Florida Freeper since 2002, I still need help posting threads! (Old brain here.) If you would like to post a Vanity thread for me, that would be great!
Meanwhile, I will continue to ping my various state Freeper ping lists, and sending one out to Ohio Freepers with this post.
I am in the process of getting the answer to your question. I do know that Michael Behenna was not allowed to present evidence and/or witness testimony during his trial. I will get back to you concerning your question as soon as I can.
Sending out another ping with this post to my New Jersey ping list. As always, if anyone wishes to be removed from my ping list just let me know through FreepMail. Thanks!
http://www.defendmichael.com/
Thanks for the ping, seekthetruth!
I mentioned earlier in this thread about the “catch and release” policy of this Administration. When you read the article below, you will notice that the policy last year (2010) was to have the terrorists endure a 30 minute trial and then they were handed a pledge to sign stating that they would not return to battle. Once they signed the pledge they were released to their elders. NICE! And of course the percentage who return to fight our troops again is well documented! They ALL do!
The New York Times printed an article in May of last year entitled “US Tries to Reintegrate Taliban Soldiers.”
http://www.nytimes.com/2010/05/24/world/asia/24reconcile.html?src=mv.
Now we move forward to this year (2011). I am in the process of getting the audio/video of this testimony of Admiral Mcraven, but you will notice that the Admiral stated the policy was to release the terrorists to their elders with no pledge signed. (Not that the pledge would be followed anyway.)
Here is the article on Admiral Mcraven’s testimony from June of this year:
http://www.washingtonpost.com/blogs/post-partisan/post/obamas-terrorist-catch-and-release-policy/2011/07/06/gIQALpxb0H_blog.html
HOW YOU CAN HELP:
We all know the members of Congress are on August recess now, but many of us may have the opportunity to attend Town Halls and/or events where we might get to talk to our representatives. That would be the perfect time to ask them why our own soldiers are kept in prison for doing their job, while we release terrorists to return to battle to fight our troops again! Why not let Michael Behenna sign a pledge that he won't return to battle and release him to his elders...ie, his mom and dad?
Here is a link with ALL Representatives in the US House by state and district. Please start emailing and calling, even if your call is just leaving a message.
http://www.house.gov/representatives/
Please send this thread link to all you know and urge them to write their representatives and make calls. Together we can bring attention to Michael's case and work to get him and 10 more of our soldiers out of Leavenworth!
WE ARE LEAVING A LIGHT ON IN OUR HOUSE FOR MICHAEL BEHENNA!
http://michaeldefeatssatan.com/
What??! Sarah Palin is Pregnant! I'll spread the word!
I am without words.
Thanks for the ping and the link, I’ll do the best I can to help and to get the word out.
KC
I'm no legal eagle and I haven't a clue how the military justice system works but on its face this just appears to be a kangaroo court operation. I doubt I know the whole story though. Do you know if the military system typically doesn't allow the accused to present a defense? This whole affair seems to have something resembling eric holder's dirty finger prints all over it.
Our goal must be to urge our Representatives to call for Congressional hearings on the Administration's “Capture & Release” policy and our Military Rules of Engagement.
Contact information for ALL Reps to the US House are here:
http://www.house.gov/representatives/
From what I understand the Judge presiding in Military Court can choose not to allow the accused the right to provide documentation and/or witnesses for the soldier's defense.
Had a sniper taken the sitting-on-a-rock terrorist out from a half mile away, he’d be getting a medal. An officer takes him out from a few fet away, and he’s in prison? Something’s wrong here!
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