|
|
|
 |
FreeRepublic , LLC PO BOX 9771 FRESNO, CA 93794
|
|
|
|
Posted on 10/07/2002 8:18:26 AM PDT by robowombat
Published on: 2002-10-02
New trial sought for ex-soldier
By Henry Cuningham Military editor
ARLINGTON, Va. - Military lawyers for a former Fort Bragg sergeant on Tuesday asked that a military appeals court schedule a new trial or set aside his death sentence.
Kreutzer The former soldier, William Kreutzer, was sentenced to death for killing Maj. Stephen M. Badger and wounding 18 others after he opened fire on about 1,300 soldiers on Fort Bragg in 1995.
Col. Adele Odegard, a lawyer for Kreutzer, told a three-judge panel for the U.S. Army Court of Criminal Appeals that Kreutzer's court-martial at Fort Bragg in 1996 was tainted by a "constellation of errors."
Kreutzer's lawyers did not dispute that he was the killer.
In their rebuttal, lawyers for the government dismissed arguments that Kreutzer did not receive a fair trial because his original lawyers were "inexperienced" and "ineffective" and that they were not given resources for a proper defense.
Kreutzer, who is on military death row at Fort Leavenworth, Kan., was not present at the oral arguments, which began Tuesday and will conclude Thursday.
About 30 spectators, including Army legal personnel and Kreutzer's family, attended the morning and afternoon sessions.
Kreutzer did not plead insanity. However, his appeal lawyers argued that his original defenders did not properly marshal the information, expertise and arguments regarding his mental health that may have served as mitigating factors and avoided a death sentence.
Kreutzer was a soldier in the 4th Battalion of the 325th Airborne Infantry Regiment of the 82nd Airborne Division.
On Oct. 27, 1995, he opened fire from a woods line on a formation of about 1,300 soldiers of his regiment in Towle Stadium on Ardennes Street as they prepared for a 4-mile run.
Badger was shot to death as he ran toward the gunman. A group of Special Forces soldiers that was jogging past subdued Kreutzer.
A Fort Bragg court-martial on June 11, 1996, convicted Kreutzer of premeditated murder and 18 counts of attempted premeditated murder. The next day a military panel of five officers and seven noncommissioned officers unanimously decided on the death penalty for Kreutzer.
A less-than unanimous verdict would have meant life in prison.
Previous stories Sniper shoots troops in run (Oct. 28, 1995) Gunfire shatters sense of safety (Oct. 28, 1995) Slain major wanted to be Renaissance man (Oct. 28, 1995) One question remains: Why? (Oct. 29, 1995) Chaplains offer solace (Oct. 29, 1995)
Odegard, the lawyer for Kreutzer, asked the three-judge panel to review the legal process from the time Kreutzer was wrestled down in the woods line to the time he arrived on death row.
His entire defense in the capital case lasted about three hours, which is about what it takes to play a game in the NFL, she said.
Inadequate defense
Kreutzer's lawyers said that the trial judge was unwilling to provide resources to the defense, that the panel received inadequate psychiatric information about Kreutzer's mental problems and that his lawyers were not up to the task of defending him.
Capt. Brian Heslin, who represented Kreutzer at the appeal, said the original defense team did not have adequate assistance to evaluate, prepare and present the psychiatric evidence. This should have come out as possible mitigating evidence, which may have prevented the death penalty.
"Mental health evidence can mitigate a horrible crime," Heslin said.
Capt. Karen Borgerding, a government lawyer, said the original defense team had competent assistance to raise psychiatric issues according to U.S. Supreme Court guidelines.
"The standard was more than met," Borgerding said.
Psychiatric evidence
Col. James Currie, who asked most of the questions for the three-judge panel and grilled both sets of lawyers, said he saw little evidence of mitigation in the trial documents.
"The record is bereft" of assistance to help the military panel put the psychiatric evidence into context, Currie said. The panel decided on guilt and sentencing.
Kreutzer was characterized as shy, a loner, fond of weapons and unsuccessful with women.
His defense team had access to competent assistance, Borgerding said.
Col. Michael Chapman, the senior judge, grilled Heslin, the lawyer representing Kreutzer, about what the defense was lacking in psychiatric assistance.
"What was there that they did not give to the defense counsel?" Chapman asked.
In the afternoon session, Heslin said Kreutzer's original lawyers - then-Maj. James Gibson and then-Capt. Tony Martin - lacked experience in capital cases.
Military editor Henry Cuningham can be reached at 486-3585 or cuninghamh@fayettevillenc.com
--------------------------------------------------------------------------------
Copyright 2002 The Fayetteville (N.C.) Observer (http://www.fayettevillenc.com)
|
|
|
|
|
FreeRepublic , LLC PO BOX 9771 FRESNO, CA 93794
|
|
|
|
If I recall correctly he fired from concealment, andtried to get away after he shot. This suggests to me he wasn't insane- i.e. he knew he shouldn't be doing what he was doing.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.