Weight Of Behenna Case On General's Shoulders
The commanding general of the 101st Airborne Division, Brigadier General Stephen Townsend (in black) of Ft. Campbell, Kentucky, now has the weight of the clemency case for Lt. Michael Behenna of Edmond on his shoulders.
Behenna is now serving a 25-year sentence after being convicted by a military tribunal of killing a known Al Qaida operative in Iraq. His case became a nationwide cause when it was revealed that military prosecutors knowingly withheld evidence favorable to him until the trial was over. That evidence came from the prosecution's own forensics expert, who said Behenna's explanation of how Ali Mansur died fit the evidence. The prosecution did not call the expert to testify and sent him home. He revealed his findings to Behenna's defense attorneys after the trial was over. An appeal to the tribunal based on the withholding of exculpatory evidence was dismissed.
Now, an appeal for clemency has been prepared by his attorneys and presented to Townsend, who has the option of ordering a new trial, dismissing the case entirely, or modifying Behenna's sentence. The tribunal, after hearing the appeal, did recommend a reduction in the sentence.
Recently, dozens of well-known Oklahomans, including University of Oklahoma President David Boren, Attorney General Drew Edmondson, Oklahoma County District Attorney David Prater and a number of former federal prosecutors, wrote the Secretary of the Army asking him to order a new trial.
Senator Jim Inhofe and Congresswoman Mary Fallin have expressed their concern about the (mis)handling of the case to military officials. Others have declared it a clear case of prosecutorial misconduct.
Meanwhile, a petition calling for action has drawn more than 2,600 signatures and can be signed at http://www.defendmichael.com/.
Behenna, the son of federal prosecutor Vicki Behenna and retired OSBI agent Scott Behenna, had been recognized for his combat leadership before he was charged in the death of Mansur.
Behenna is now serving a 25-year sentence after being convicted by a military tribunal of killing a known Al Qaida operative in Iraq. His case became a nationwide cause when it was revealed that military prosecutors knowingly withheld evidence favorable to him until the trial was over. That evidence came from the prosecution's own forensics expert, who said Behenna's explanation of how Ali Mansur died fit the evidence. The prosecution did not call the expert to testify and sent him home. He revealed his findings to Behenna's defense attorneys after the trial was over. An appeal to the tribunal based on the withholding of exculpatory evidence was dismissed.
Now, an appeal for clemency has been prepared by his attorneys and presented to Townsend, who has the option of ordering a new trial, dismissing the case entirely, or modifying Behenna's sentence. The tribunal, after hearing the appeal, did recommend a reduction in the sentence.
Recently, dozens of well-known Oklahomans, including University of Oklahoma President David Boren, Attorney General Drew Edmondson, Oklahoma County District Attorney David Prater and a number of former federal prosecutors, wrote the Secretary of the Army asking him to order a new trial.
Senator Jim Inhofe and Congresswoman Mary Fallin have expressed their concern about the (mis)handling of the case to military officials. Others have declared it a clear case of prosecutorial misconduct.
Meanwhile, a petition calling for action has drawn more than 2,600 signatures and can be signed at http://www.defendmichael.com/.
Behenna, the son of federal prosecutor Vicki Behenna and retired OSBI agent Scott Behenna, had been recognized for his combat leadership before he was charged in the death of Mansur.
Labels: David Boren, David Prater, Drew Edmondson, General Stephen Townsend, Michael Behenna, Military Justice, Scott Behenna, Vicki Behenna
posted by Mike McCarville @ 12:19 AM
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