The Gadfly At The Bar (Of Justice)
Free Lt. Michael Behenna: The following commentary aired on NRA News and Sirius Satellite Radio Patriot Channel 144:
Ordinarily, I come before you in defense of the 2nd Amendment and the right to keep and bear arms.
Tonight, I come before you in defense of an Army 101st Airborne platoon leader who has been, in my opinion, wrongfully convicted of the murder of an Al Qaida operative in Iraq following the deaths of two members of the platoon in an Al Qaida attack.
Lt. Michael Behenna now sits in Fort Leavenworth facing an 18-year sentence. Military prosecutors claimed he executed Ali Mansur. Behenna says he shot Mansur in self defense.
The military prosecutors hired a forensics expert to bolster their case. Two problems: First, the expert agreed with Behenna's version of the shooting, saying the evidence supported Behenna. Second, the prosecutor did not call the expert to testify and worse, did not disclose his findings to Behenna's defense attorney during the trial. In other words, the prosecutor failed to disclose evidence favorable to the accused.
That's a violation of the judical code of ethics, the Uniform Code of Military Justice, and fairness. Most times, that violation by the prosecution would result in a conviction thrown out, the charge dismissed, or a new trial. In this case, the military tribunal reduced Behenna's sentence but refused a new trial.
Behenna's conviction is being appealed to the Army Court of Appeals in Washington. Let us all hope, for justice's sake, that this wrongful conviction is reversed and Lt. Behenna is given a fair trial, one in which all the evidence is presented. ~ Mike McCarville
Ordinarily, I come before you in defense of the 2nd Amendment and the right to keep and bear arms.
Tonight, I come before you in defense of an Army 101st Airborne platoon leader who has been, in my opinion, wrongfully convicted of the murder of an Al Qaida operative in Iraq following the deaths of two members of the platoon in an Al Qaida attack.
Lt. Michael Behenna now sits in Fort Leavenworth facing an 18-year sentence. Military prosecutors claimed he executed Ali Mansur. Behenna says he shot Mansur in self defense.
The military prosecutors hired a forensics expert to bolster their case. Two problems: First, the expert agreed with Behenna's version of the shooting, saying the evidence supported Behenna. Second, the prosecutor did not call the expert to testify and worse, did not disclose his findings to Behenna's defense attorney during the trial. In other words, the prosecutor failed to disclose evidence favorable to the accused.
That's a violation of the judical code of ethics, the Uniform Code of Military Justice, and fairness. Most times, that violation by the prosecution would result in a conviction thrown out, the charge dismissed, or a new trial. In this case, the military tribunal reduced Behenna's sentence but refused a new trial.
Behenna's conviction is being appealed to the Army Court of Appeals in Washington. Let us all hope, for justice's sake, that this wrongful conviction is reversed and Lt. Behenna is given a fair trial, one in which all the evidence is presented. ~ Mike McCarville
Labels: Gadfly's Columns, Michael Behenna, Military Justice, NRA
posted by Mike McCarville @ 9:43 AM
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