Former Prosecutor Rips Behenna Case Handling
Former federal prosecutor Robert McCampbell (right) of Oklahoma City said today the failure of military prosecutors to reveal exculpatory evidence in the murder trial of Lt. Michael Behenna of Edmond constitutes a failure of the legal system.
McCampbell told Reid Mullins of KTOK this morning that the first thing a lawyer learns is that prosecutors have a responsibility to disclose all evidence and seek the truth. Withholding evidence, he said, diminishes the legal system.
McCampbell cited several legal cases in which evidence was withheld. In the Behenna case, military prosecutors failed to disclose that their own expert witness concluded that Behenna likely acted in self defense when he shot and killed an Al Qaida operative in Iraq last year, and for that reason, that did not call him as a witness. They also did not disclose his opinion to Behenna's attorney. Behenna was convicted of murder and faces years in federal prison. His conviction is being appealed.
Several groups of veterans have come to Behenna's defense and urged members to donate to a legal defense fund. For details, go to http://defendmichael.wordpress.com/.
McCampbell told Reid Mullins of KTOK this morning that the first thing a lawyer learns is that prosecutors have a responsibility to disclose all evidence and seek the truth. Withholding evidence, he said, diminishes the legal system.
McCampbell cited several legal cases in which evidence was withheld. In the Behenna case, military prosecutors failed to disclose that their own expert witness concluded that Behenna likely acted in self defense when he shot and killed an Al Qaida operative in Iraq last year, and for that reason, that did not call him as a witness. They also did not disclose his opinion to Behenna's attorney. Behenna was convicted of murder and faces years in federal prison. His conviction is being appealed.
Several groups of veterans have come to Behenna's defense and urged members to donate to a legal defense fund. For details, go to http://defendmichael.wordpress.com/.
Labels: Al Qaida, Michael Behenna, Military Justice, Reid Mullins, Robert McCampbell
posted by Mike McCarville @ 10:11 AM
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