Lawyers want ex-soldier tried by military

[unhappycamper]

Lawyers want ex-soldier tried by military
By Brett Barrouquere and Ryan Lenz - The Associated Press
Posted : Friday Feb 15, 2008 19:28:03 EST

LOUISVILLE, Ky. — Lawyers for a former Army private charged with raping a 14-year-old Iraqi girl and murdering her and her family asked a judge Friday to dismiss federal charges, saying he should be prosecuted in a military court.

The attorneys argue that the government doesn’t have the authority to prosecute former Pfc. Steven D. Green in civilian court for acts committed in a war zone.

“Simply put, the government had no civilian jurisdiction over Pfc. Green when the offenses at issue were committed,” the motion filed by Federal Public Defender Scott Wendelsdorf and other defense attorneys said.

Prosecutors have until March 7 to respond to the defense motions. Sandy Focken, a spokeswoman for the U.S. Attorney’s Office in Louisville, referred calls to the Justice Department in Washington,, where spokesman Paul Bresson declined to comment on the filings.

Four other soldiers pleaded guilty or were convicted for their roles in targeting the girl from a checkpoint near Mahmoudiya, a village 20 miles south of Baghdad, and helping rape and kill her. Two of the soldiers testified they took turns raping the girl while Green shot and killed her mother, father and younger sister, and that Green raped the girl and shot her.


Rest of article at: http://www.armytimes.com/news/2008/02/ap_iraq_rape_green_080215/

[orleans]

1. it's bizarre to think that our government doesn't have the "authority"

to prosecute crimes committed by citizens in a war our government started.

the four other soldiers who plead guilty or were convicted--where were they tried?

[NYVet]

2. The defense is saying that it should be tried in a military court

since the crime occurred while the defendant was in the military and in a combat zone and the other 4 soldiers were subject to a military court.

[atreides1]

3. Not really that bizarre

There is a difference between a civilian citizen and a citizen in uniform. The other four were still on active duty when they were tried by the army.

Greene was discharged, but I believe that the army could have brought him back to active duty, but that would depend on the grounds for his discharge and what his re-up code was.