.Trial Postponed for Three Iraqis Suspected of Killing U.S. Soldiers
The Central Criminal Court in Baghdad’s Rusafa area postponed a trial today for three men suspected of being involved in the kidnapping, torture and killing of two American soldiers.
The soldiers, Private First Class Kristian Menchaca and Private First Class Thomas Tucker of the 101st Airborne, were guarding a checkpoint June 16, 2006on the Euphrates River in the Yousifiyah area south of Baghdad, then a hotbed of insurgency.
Another soldier, Specialist David Babineau, was killed at the checkpoint when insurgents attacked it and kidnapped Mr. Menchaca and Mr. Tucker. The two kidnapped soldiers’ bodies were found three days later. Their bodies were mutilated and Mr. Tucker was beheaded. A video that had circulated on the Internet showed the bodies tied to the back of a truck and dragged.
It’s taken more than two years for the case to come to trial, partly because of the difficulty of gathering evidence in Iraq due to a lack of capacity. There was also fear among the Yousifiyah population that prevented them from cooperating with investigators. But since violence has gone down this year, investigators were able to gather five witness statements in support of the case against the suspects.
Today, a panel of three judges postponed the trial until Oct. 28 after defense attorneys requested more time to read the 150-page case file, which they said they had just begun reviewing. One of the judges chastised the attorneys, saying they had had time to come to the court every day to review the files; the attorneys were appointed about a month ago.
Military investigators in the case say there is fingerprint evidence against one suspect, Ibrahim al-Qaraghuli, who is accused of being the driver of the vehicle that dragged the bodies of Mr. Menchaca and Mr. Tucker. Witness statements are the main pieces of evidence against Whalid al-Kartani and Kazim al-Zoba’i. Without handcuffs or shackles, they showed up today in court in bright yellow, green and brown jumpsuits and flip flops.
All three suspects have categorically denied any involvement in the incident, according to their defense attorneys, who added that witness statements are inconsistent. Mr. Al-Qaraghuli’s lawyer said he hasn’t had enough time to study the forensic evidence against his client.
Although there have been trials in the past involving Iraqis accused of killing American military personnel, those cases involved roadside bombs and other routine acts of violence against U.S. soldiers here. Iraqis were also among the victims in those cases.
Today’s procedure was unique in that the victims were solely Americans and the case involved the kidnapping and torture of U.S. soldiers. Charges against the suspects fall under Iraq’s relatively new terrorism law and the maximum sentence is the death penalty.
The hearing fell on the last day of work for William Gallo, a former assistant U.S. Attorney in San Diego who was head of the coalition’s Law and Order Task Force and advised court officials to help build capacity. After the hearing, he was heading to the airport to return home to the U.S. Although many of the cases he’s seen recently have had an overwhelming acquittal rate and there was no closure in today’s trial, he still declared today’s proceedings a victory.
“The defense attorneys made motions in the interest of their clients and it went the way hearings are supposed to go,” Mr. Gallo said. “That means progress here.”
Baghdad Life
The soldiers, Private First Class Kristian Menchaca and Private First Class Thomas Tucker of the 101st Airborne, were guarding a checkpoint June 16, 2006on the Euphrates River in the Yousifiyah area south of Baghdad, then a hotbed of insurgency.
Another soldier, Specialist David Babineau, was killed at the checkpoint when insurgents attacked it and kidnapped Mr. Menchaca and Mr. Tucker. The two kidnapped soldiers’ bodies were found three days later. Their bodies were mutilated and Mr. Tucker was beheaded. A video that had circulated on the Internet showed the bodies tied to the back of a truck and dragged.
It’s taken more than two years for the case to come to trial, partly because of the difficulty of gathering evidence in Iraq due to a lack of capacity. There was also fear among the Yousifiyah population that prevented them from cooperating with investigators. But since violence has gone down this year, investigators were able to gather five witness statements in support of the case against the suspects.
Today, a panel of three judges postponed the trial until Oct. 28 after defense attorneys requested more time to read the 150-page case file, which they said they had just begun reviewing. One of the judges chastised the attorneys, saying they had had time to come to the court every day to review the files; the attorneys were appointed about a month ago.
Military investigators in the case say there is fingerprint evidence against one suspect, Ibrahim al-Qaraghuli, who is accused of being the driver of the vehicle that dragged the bodies of Mr. Menchaca and Mr. Tucker. Witness statements are the main pieces of evidence against Whalid al-Kartani and Kazim al-Zoba’i. Without handcuffs or shackles, they showed up today in court in bright yellow, green and brown jumpsuits and flip flops.
All three suspects have categorically denied any involvement in the incident, according to their defense attorneys, who added that witness statements are inconsistent. Mr. Al-Qaraghuli’s lawyer said he hasn’t had enough time to study the forensic evidence against his client.
Although there have been trials in the past involving Iraqis accused of killing American military personnel, those cases involved roadside bombs and other routine acts of violence against U.S. soldiers here. Iraqis were also among the victims in those cases.
Today’s procedure was unique in that the victims were solely Americans and the case involved the kidnapping and torture of U.S. soldiers. Charges against the suspects fall under Iraq’s relatively new terrorism law and the maximum sentence is the death penalty.
The hearing fell on the last day of work for William Gallo, a former assistant U.S. Attorney in San Diego who was head of the coalition’s Law and Order Task Force and advised court officials to help build capacity. After the hearing, he was heading to the airport to return home to the U.S. Although many of the cases he’s seen recently have had an overwhelming acquittal rate and there was no closure in today’s trial, he still declared today’s proceedings a victory.
“The defense attorneys made motions in the interest of their clients and it went the way hearings are supposed to go,” Mr. Gallo said. “That means progress here.”
Baghdad Life
posted by madtom at 10:08 PM
1 Comments:
Doesn't seem to be a whole lot different than what we do with American Marines and soldiers who commit atrocities in Iraq, like at Haditha.
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