Government Withholds Evidence - Soldier Given 25 Years For Killing Al Qaeda - Haditha Part Two
On March 20th, 2009, 1st Lieutenant Michael Behenna was sentenced to 25 years in prison for killing a known Al Qaeda operative while serving in Iraq. The “victim”, Ali Mansur, was known to be a member of an Al Qaeda cell operating in the lieutenant’s area of operation, and was suspected to have organized an attack on Lt. Behenna’s platoon in April 2008 which killed two U.S. soldiers and injured two more. Army intelligence ordered the release of Mansur and Lt. Behenna was ordered to return the terrorist to his home.
During the return of Mansur, Lt. Behenna again questioned the Al Qaeda member for information about other members of the terrorist cell, and financial supporters. During this interrogation, Mansur attacked Lt. Behenna, who killed the terrorist in self-defense. The government subsequently prosecuted Lt. Behenna for premeditated murder.
Not only is this a miscarriage of justice on the behalf of Lt. Behenna, who was acting to prevent further loss of life in his platoon, it is demoralizing to the U.S. troops who continue to fight on behalf of the freedom and security of our nation. Whether it is U.S. border patrol agents, members of the armed forces, or FBI agents, no individual who is serving on the frontlines in the War on Terror should be so blatantly mistreated.
We urgently need your help to correct this terrible wrong against a loyal and faithful soldier. Please contact your congressman and ask them to intervene on behalf of 1LT Behenna. Below is a brief recap of the relevant aspects of Lt. Behenna’s case.
September 2007: 1st Lieutenant Michael Behenna deployed to Iraq for his first combat experience
April 21, 2008: Lt. Behenna’s platoon was attacked by Al Qaeda operatives. The attack resulted in death of two of Lt. Behenna’s platoon members, two Iraqi citizens, and wounded two additional soldiers under Lt. Behenna’s command.
May 5, 2008: Known terrorist Ali Mansur was detained at his home for suspected involvement in the attack on Lt. Behenna’s platoon
May 16, 2008: Army Intelligence orders the release of Mansur
Lt. Behenna, who lost two members of his platoon just weeks earlier, was ordered to transport Mansur back to his home
Lt. Behenna attempts a final interrogation of Mansur prior to his release
During the interrogation, Behenna is attacked by Mansur and is forced to defend himself. During the altercation, the terrorist is killed.
Lt. Behenna failed to properly report the incident
July 2008: The U.S. Army charges Lt. Behenna with premeditated murder for the death of Al Qaeda operative and terrorist Ali Mansur.
February 23, 2009: Lt. Behenna’s trial begins
Government and defense experts agree on the trajectory of the bullets killing Mansur
Prosecution expert Dr. Herbert MacDonnell initiated contact with defense attorneys explaining his agreement with the testimony of Lt. Behenna and his presentation to prosecutors supporting Lt. Behenna’s version of events.
Dr. MacDonnell is not called to testify in the case
Jack Zimmermann, defense counsel, asks prosecutors if they have any exculpatory evidence that should be provided to the defense (referring to Dr. MacDonnell’s demonstration). Prosecutors deny having any such evidence.
Prosecutors withholding of this evidence allowed them to argue that Lt. Behenna executed Ali Mansur while seated when the forensic experts, including Dr. MacDonnell, agree that Ali was standing with his arms outstretched when shot
Lt. Behenna is convicted of unpremeditated murder and assault.
Dr. MacDonnell contacts prosecution requesting that the information provided in his demonstration be given to the defense.
Prosecutors provide such information after a verdict was rendered, but prior to sentencing.
At the request of the presiding judge, Dr. MacDonnell provides his information to the court via telephone
The judge orders both sides in the case to file briefs relating to a possible mistrial
After reading the briefs the judge set an additional hearing and ordered additional briefs, including one from the defense requesting a new trial.
On March 20, the judge denied defense motions to declare a mistrial and to order a new trial
Lt. Behenna’s attorneys are appealing the verdict
Lt. Behenna is currently serving a 25-year sentence
1st Lieutenant Michael Behenna was an excellent officer. He received his call to serve his country while attending the University of Central Oklahoma. He is from a family of public servants, his mother being an Assistant United States Attorney and his father a retired Special Agent with the Oklahoma State Bureau of Investigation. He has served the Army and the United States with honor and dignity. To sacrifice the life of this Oklahoma soldier over the death of a known terrorist, is a breech of faith with all who are serving our country.
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Expect a LOT more of this terrorist protecting behavior now that Obongo is president.
They have to, our military are loyal to the Constitution.
Know a service member who did not re up? ask them why not.
I’d still be there. I’m afraid of what I might do or have done to me to jeopardize my family because of my beliefs based on who our CIC is and the orders he may give.
He has my support.
This has to stop.
Prosecutors withholding of evidence, should be grounds for the prosecutors to be prosecuted, and receive what they were seeking to give.
Complete utter bullshit!
I just added some money to Michael’s fund. I can’t stand thinking about our brave young guys sitting in jail betrayed by their country for political expediency. Argh!
On behalf of LT Behenna and his family, THANK YOU SO MUCH FOR YOUR SUPPORT!
The Judges and prosecutors are the problem, both inside and outside of the military. This has been going on for years. They’ve been disregarding law in favour of political standing and they don’t give a damn what you think or what the law says. We’ve got the law on our side, but “They” have the courts. If you need someone to aim your finger at, our kangaroo court system is the very first place to start.
Of course, you probably don’t have “Standing”…..
Sent 40 bucks hope it helps. This “trial” was obviously rigged. The reason why the Judge upheld the sentence was that the Prosecution IS guilty of criminal misconduct and the Judge wasnt prepared to destroy the lives of the prosecutors ! People hear me now there are TWO kinds of Justice in the United States of America. 1 The real Justice given to us by our Founding Fathers and then we have 2 the second kind of “Justice” which is whatever the Judge says it is. I have witnessed this first hand and this is the reason why the “Judge” upheld the verdict. Because if he had found for the defence the defence’s accusation of prosecutorial misconduct would have ended up with charges being filed against the Prosecution !!!!!!!!!!! Thusly this form of “Justice” which we have seen in this trial is what the Judge decided it was and in no way reflects the REAL JUSTICE the Founding Fathers gave us !!!! Keep the faith he stands to win the appeal. Send money he really needs it bout now.
On behalf on LT Behenna and his family, THANK YOU SO MUCH FOR YOUR SUPPORT!
Shameful, disgusting…
the only thing that he should be prosecuted for is for making it a quick and painless death! Fuck That Shit.
This is a fucking travesty…despite the fact one of my best friends is in Intelligence…the whole Military intelligence thing is obviously truly an oxymoron..they made an axample cause they thought this Mansur guy would lead them to a bigger prize, and this LT is paying for it…bullshit!!!!
Traitor mother fu*kers that sentenced this honorable man that was protecting the nation.
I hope they all die painfully and rot in hell where they belong.
If you would like to write to Michael Behenna in prison, here is his address:
Michael Behenna #87503
1300 N. Warehouse Drive
Ft. Leavenworth, Kansas 66027-2304
I am sure ‘letters from home’ would be an invaluable morale booster for him. Let him know you are supporting him.
Thank you Annie…I will definitely write him and encourage others to do the same. Wow, wouldn’t it be great if we overwhelmed the prison with mail to him.
I will write to him and I have donated to his fund. We cannot let this go by. We have to do something to help this Soldier. He did what we asked him to do and now he is suffering for this. I am going to call Ft. Bragg on Monday and start searching for an answer as to how we can best help this brave Soldier.
If his mother can’t help him, and she was the Asst Us Attorney who helped prosecute Timothy McVey, then the only ones left who can help him is us.
This is despicable and I am sick that all of us had a nice dinner tonight, enjoyed our families, all because of brave men like Lt Behenna who provide us the safety to do just that. AND he sits in jail, a brave Soldier who set out to do what he was asked to do, kill the bad guy. This is so wrong and we have to stand up for him. I’ve been fighting Bill Ayers coming to Naperville High School here in DuPage Coutny all day and this all comes down to this bomb throwing twerp who started this vile campaign against our Soldiers 40 years ago. He called our Soldiers murderers back then. Believe it or not, people I talked to today claimed they knew nothing about Ayers and his crimes that he stated he was “guilty as hell” for! 40 years just wiped out of memory that poor Policeman who never came home to his family after suffering an agonizing death because the bomb that killed him was laced with nails.
If we don’t fight for this Soldier this is going to start happening alot. There are now two more Soldiers in trouble
http://www.911familiesforamerica.org/?p=1191
Please write to this brave Soldier and tell him we will fight for him. Tell him we won’t forget about him because that is really what he needs to hear.
Thank You
Beverly Perlson
The Band of Mothers
On behalf of LT Behenna and his family, THANK YOU SO MUCH FOR YOUR SUPPORT! By the way, he was based at Ft. Campbell, KY with the 101st and that is where the court martial was held.
Ohh, fuck no. 25 Years for defense and mistake or anger? I rather ensure this country FAILS than to allow those that protected it be fined for service elected on them. Bush, what the F uck was this? Did he kill a moslem or something? Or did he anger a COL. Screw all of them. He goes free immediately. Test my resolve.
No fucking way, or break him out when you trash the capital that has ruined the protection for defense.
Or, I break DC.
He is out Immediately, or DC is going DOWN permanently.
When I get back from the National Disabled Veterans Winter Sports Clinic I will purchase the arm band. And write him because I assume he must be stunned and lonely.
Lt. Behenna is a hero just the same. This life is often full of injustice. I will spread the word on Facebook and ask for donations for his legal fund.
SSG in the USAR (25+ yrs.)
On behalf of LT Behenna and his family, THANK YOU SO MUCH FOR YOUR SUPPORT! He has been taken away from a large and supportive family so any contact with the outside world that lets him know he has the love and support from the people he signed up to protect would be greatly appreciated.
UN-F*CKEN-BELIEVABLE!!!!!!!!!!!!!!!!
On behalf of LT Behenna and his family, thank you to everyone for your prayers and good will. Michael and his family will continue to fight for truth and justice. Please keep checking the website, defendmichael.com, for updates. Michael’s new and hopefully temporary address is posted. He does not have access to the internet so snail mail will be the only way he will see how much everyone supports him.
Although it may seem like a complete travesty, lest us not forget that a 1LT in the Army does not have the authority to “Interogate” individuals as they see fit. Furthermore, the entire situation was created by 1LT Behenna. Strip a man naked, shoot him, and then have a thermite grenade placed under the body in order to cover it up. Additionally, telling his chain of command that he had released Mansur where he was supposed to. While the prosecution was wrong in a Brady violation, this situation would have never occured had 1LT Behenna followed the legal orders he was required to follow and release Mansur. I have been to Iraq, I have lost friends. His actions places other Soldiers in more danger and gives the anti-war protesters even more ammunition. Lets not forget that 1LT Behenna also beat Mansur sensless when they first captured him. Another violation of the ROE. I feel soory for his family, but lets put all of the facts out there and quit conviently leaving out the fact that 1LT Behenna created the situation and is now paying for it.
Get your facts straight and stop repeating false statements before you start posting lies on the internet. Unless you have written testimony supporting these accusations, then please refrain from posting incorrect information.
OK…Fact #1) A 1LT DOES NOT have the authority to interrogate an individual on his own after the Army’s trained interrogators have deemed there was not sufficient evidence to hold Mansur. Fact #2) Mansur was found shot and burned with a thermite grenade residue present. Fact #3) As this website states, 1LT Behenna did not properly report the incident to his chain of command. Last time I was asked whether I had accomplished my mission or not it was either Yes Sir I did as I was instructed or No Sir I did not follow my orders as directed, or finally a person could lie and say they accomplished their mission until they got caught or someone talked. The final fact is, had 1LT Behenna dropped Mansur off where and when he was supposed to, none of tis would have happened. If I go in to rob a bank and the bank teller reaches for my gun and I shoot them and then claim self defense…sounds a little weak on my part. There have been hundreds of thousands of Soldiers, Marines, Sailors, and Airmen who have fought in Iraq, followed there orders and did not decide to interrogate an individual after they had been ordered to be released. As sad as the situation is and as traumatized 1LT Behenna is from losing two of his Soldiers (remember, I have lost some of my friends and Soldiers over there) it is inncorrect to omit all of the facts that occured that day on a website, get people fired up and conveniently leave out the fact that 1LT Behenna and SSG Warner were both operating out of the confines of their authority. So am I spreading lies..NO. Are you failing to tell the whole story…YES. As I stated before, I feel sorry for his family and friends. No parent should have to experience something like this. However, 1LT Behenna was an adult that made a decision that has had consequences. Either way it is a sad situation.
Again, get your facts straight. You accused the LT of beating Ali Mansur, placing a grenade under his head, and lying about it. None of which is accurate.
You have reposted information that has been reported in the media. The media accounts are not accurate and were not taken from actual sworn testimony given during the court-martial. As for the LT’s duties, unless you are the LT or his commanding officer, you cannot comment on them.
I am not going to correct your account of the events of May 16th because I don’t have to, the evidence (all of it, even the evidence the prosecution concealed), and testimony speaks for itself.
If you don’t want to support the LT, then that is your choice. But please do not regurgitate 2nd, 3rd, 4th, etc. hand information to support your stance. At least give the LT the respect of using actual sworn testimony when posting on a website that is in support of this LT.
As for the whole story, unless you were present on May 16th, in the courtroom, or have access to transcripts, then you have no idea what the whole story is!
The information Iraqi Vet submitted is accurate according to the transcripts, except for the thermite grenade, which was placed under Ali Mansur’s head by another Soldier. Iraqi Vet is also correct when he states that the 1LT did not have the authority to interrogate the prisoner, and for more information on who can and cannot conduct interrogations, check out The U.S. Army Intelligence and Interrogation Handbook, which spells it all out. It also merits mentioning that according to court transcripts Mansur was killed with a Glock pistol, not Behenna’s issued weapon, which further calls into question Behenna’s motives and intentions.