Thursday, October 15, 2009

Congressional Delegation Seeks Behenna Clemency

All seven members of the state's congressional delegation have asked an Army Clemency and Parole Board for favorable action in the controversial case of Edmond Lt. Michael Behenna, now imprisoned at Fort Leavenworth, Kansas in the death of an al Qaida operative in Iraq.
The move apparently is headed by Congresswoman Mary Fallin and Senator Jim Inhofe, both of whom hold important congressional military committee seats.
Behenna's court martial was marred by the withholding of evidence from the prosecution's own forensics expert, who revealed his opinion to defense attorneys after the trial was over. The expert said the evidence shows Behenna was truthful when he testified that Ali Mansur was upright and advancing toward him when Behenna fired two shots. The prosecution alleged Mansur was seated on the ground and was executed.
Behenna is appealing his conviction and numerous legal experts and others have urged the Army to grant him a new trial.
The Clemency and Parole Board at Fort Leavenworth has no jurisdiction to grant a new trial, those familiar with the case said, but it could reduce Behenna's sentence. His original sentence was 25 years; when that was appealed based on the withheld evidence, it was reduced to 18 years. But the commanding general of the 101st Airborne, as the convening military authority, set the sentence at 20 years.
The family maintains a site where information about the case, and an online petition seeking a new trial, can be found: http://www.defendmichael.com/.
The Los Angeles Times examined the case in a two-part series, the most detailed and informative report yet on the case. Read those articles here: LA Times article - Part 1 LA Times article - Part 2 .
Behenna, a Ranger with the 101st Airborne and a platoon leader at the time he was charged, is the son of Assistant U. S. Attorney Vicki Behenna and retired Oklahoma State Bureau of Investigation Special Agent Scott Behenna, now a consultant to the FBI.

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