The Ballad Of Michael Behenna

http://www.ourstage.com/profile/chadevantodd/songs

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Behenna Makes Last-Ditch Appeal To Military

Chris Casteel of The Oklahoman reports from Washington that, "In what could be his last chance to gain a new trial, Army 1st Lt. Michael Behenna is asking the top military appeals court to set aside his conviction of unpremeditated murder in a combat zone.

"If the U.S. Court of Appeals for the Armed Forces, based in Washington, declines to hear the Edmond native's case, he will have no more legal avenues to pursue. Behenna, 28, is serving a 15-year sentence at Fort Leavenworth in Kansas for killing an Iraqi man."

Read the entire story at www.newsok.com. 

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Two Years Ago And The Army Still Drags Its Feet: Prominent Oklahomans Seek New Behenna Trial

(From June 3, 2009) An impressive list of prominent Oklahomans has written Secretary of the Army Pete Geren to request a new trial for Lt. Michael Behenna of Edmond, the 101st Airborne soldier convicted of killing an Al Qaidi operative in Iraq.

The Behenna case was marred by what appears to be prosecutorial misconduct when evidence from the prosecution's own forensics expert favorable to Behenna was ignored and withheld from the military tribunal until the trial was over.

Here is the text of the letter:

"Dear Secretary Geren: We write to seek your help in preventing a miscarriage of justice. We believe a new trial is required in the case of United States v. Michael C. Behenna in order to comply with fundamental due process.

"1LT Michael Behenna, a platoon leader in the 101st Airborne Division, was
charged with premeditated murder and other military crimes relating to the detention and
death of an Iraqi national. Critical evidence that supports 1LT Behenna’s testimony that
he shot the individual in self defense was not presented at the military trial. 1LT
Behenna was acquitted of premeditated murder but was found guilty of unpremeditated
murder and is in custody awaiting final sentencing.

"The following are undisputed facts important to understanding our position that a new trial is warranted:

"● The government’s theory of the case is that 1LT Behenna shot Ali Mansur “execution style” with a first shot to the head and a second shot to the torso. 1LT Behenna’s defense is that he shot Mansur in self-defense as Mansur approached Behenna with his arms raised.

"● The government hired prominent forensics expert Dr. Herbert MacDonell to advise them during the case and to potentially call as a witness.

"● As the case unfolded, and before the government rested its case-in-chief, Dr. MacDonell advised the prosecutors that it was possible that Mansur was standing with his arms raised and was first shot through the torso and secondly shot in the head as he fell. Dr. MacDonell demonstrated this scenario to the prosecutors using prosecution team personnel.

"● After 1LT Behenna testified, Dr. MacDonell again advised another government expert that the forensics of the entry wounds support Behenna’s testimony. The government did not disclose to the defense the fact that their own expert had concluded that Behenna’s version was not just possible but was the “only logical” explanation consistent with the forensic evidence, despite formal requests from Behenna’s counsel before and during the trial for Brady material – evidence potentially favorable to the accused as to guilt or sentencing.

"● The case then proceeded to closing argument without the benefit of Dr. MacDonell’s testimony. In fact, the government argued in closing that Behenna’s version of events was so implausible that the government did not need to call a rebuttal witness when, in fact, Dr. MacDonell was retained in part for the contingency of being such a rebuttal witness. Only after Dr. MacDonell pressed the issue with the prosecutors by sending them an email did the prosecutors disclose his opinion that: '[T]he only logical explanation for this shooting . . .[is] that Ali Mansur had to have been shot in his chest when he was standing. . . . [I]t fits the facts and I can not think of a more logical explanation. [W]hen I heard Lt. Michael Behenna testify . . . I could not believe how close it was to the scenario I had described to you on Wednesday.'

"● This email with its critical content was produced to Behenna’s defense team after the court members (what civilians call the “jury”) had already returned a guilty verdict. Therefore, the court members never learned of Dr. MacDonell’s exculpatory conclusions for their deliberations on guilt or sentencing.

"● The government opposed 1LT Behenna’s new trial, stating in its brief: 'Dr. MacDonell’s opinion that 1LT Behenna’s account was the only logical explanation of the shooting, albeit extremely unlikely or an amazing coincidence, would not have produced a substantially more favorable result for the Accused.'

"● The trial judge reached a similar conclusion. Without specifically finding there was not a Brady violation with respect to the failure to disclose Dr. MacDonell’s conclusions after 1LT Behenna testified, the trial judge ruled, in essence, that 'there is no reasonable probability' admission of Dr. MacDonell’s expert opinion would have led to a more favorable result for 1LT Behenna. With all due respect to the trial judge, we believe it is rank speculation to pretend that even an experienced jurist can know how the court members would react to this startling fact – that the government’s own expert, renowned in the field of forensics, concluded the defense’s theory of the case was 'the only logical explanation for this shooting …

"In addition, such a finding ignores how the introduction of such evidence would have limited the government’s closing argument and bolstered the defenses. To pretend one can know whether the introduction of Dr. MacDonell’s expert opinion would not have changed the outcome flies in the face of the concept of reasonable doubt, a pillar of the American society that 1LT Behenna volunteered to protect. Fortunately, the military justice system allows for an immediate and fair remedy. Pursuant to Rule 1107(c) of the Rules for Courts-Martial, the convening authority set aside any finding of guilt and order for a new trial.

"To be clear, we are not seeking a statement of 1LT Behenna’s innocence on any charge. We are not asking for a dismissal of charges with prejudice like the relief recently afforded former United States Senator Ted Stevens. Although many of us do believe a Brady violation occurred, we are not seeking a finding of misconduct by the prosecutors.
Instead, we simply ask that a new trial be held in which all relevant evidence, including Dr. MacDonell’s testimony, is presented to the fact finders in accordance with due process. Unfortunately, we do not believe such a trial occurred in 1LT Behenna’s case.

"The undersigned are a combination of current or former prosecutors, JAG or other military officers, public defenders, elected officials, law professors, and private sector civil and criminal litigators. We are Democrats, Republicans, and Independents. We all have a stake in seeing due process work in any tribunal, but especially in a proceeding dealing with the loss of life in a combat zone during a war being fought in the very name of the American system of government.

"Sincerely,

[See attachment for list of signatories]
Cc: Dr. Robert Gates, U.S. Secretary of Defense
U.S. Senator Jim Inhofe
U.S. Senator Tom Coburn
U.S. Representative Dan Boren
U.S. Representative Tom Cole
U.S. Representative Mary Fallin
U.S. Representative Frank Lucas
U.S. Representative John Sullivan

Signatories
David Boren
Former U.S. Senator and former Chairman of the
U.S. Senate Select Committee on Intelligence
Norman, Oklahoma
Pat Ryan
Partner, Ryan Whaley Coldiron Shandy
Former U.S. Attorney for the Western District of
Oklahoma (1995-1999)
Former JAG trial counsel, United States Air
Force
Oklahoma City, Oklahoma
Robert McCampbell
Partner, Crowe & Dunleavy
Former U.S. Attorney for the Western District of
Oklahoma (2001-2005)
Oklahoma City, Oklahoma
Dan Webber
Partner, Ryan Whaley Coldiron Shandy
Former U.S. Attorney for the Western District of
Oklahoma (1999-2001)
Oklahoma City, Oklahoma
David Prater
District Attorney of Oklahoma County,
Oklahoma City, Oklahoma
Henry Hockheimer
Partner, Ballard, Spahr, Andrews & Ingersoll
Former Assistant U.S. Attorney
Philadelphia, Pennsylvania
Robert L. Wyatt, IV
Wyatt Law Office
Member of the Board of Directors of the
Oklahoma Criminal Defense Lawyers
Association (OCDLA); Life Member, National
Association of Criminal Defense Lawyers
(NACDL)
Oklahoma City, Oklahoma
Wes Lane
President, Burbridge Foundation
Former District Attorney of Oklahoma County,
Oklahoma City, Oklahoma
Drew Neville
Partner, Hartzog Conger Cason Neville
Former Assistant U.S. Attorney for the Western
District of Oklahoma
Oklahoma City, Oklahoma
Drew Edmondson
Attorney General, State of Oklahoma
Oklahoma City, Oklahoma
Michael Madigan
Partner, Orrick, Herrington & Sutcliffe LLP,
Former Assistant U.S. Attorney and former
Counsel to the Senate Watergate Committee
Washington, D.C.
Andrew Coats
Dean, University of Oklahoma College of Law;
former District Attorney for Oklahoma County;
former President of the Oklahoma Bar
Association; former President of the American
College of Trial Lawyers
Norman, Oklahoma
William S. “Bill” Price
Of Counsel, Phillips Murrah P.C.
Former U.S. Attorney for the Western District of
Oklahoma (1982-1989)
Oklahoma City, Oklahoma
Lanny Davis
Partner, Orrick, Herrington & Sutcliffe
Former Special Counsel to President Clinton
Washington, D.C.
Bob Ravitz
Public Defender for Oklahoma County
Oklahoma City, Oklahoma
David Ogle
Ogle Law Office
Former President of the Oklahoma Criminal
Defense Lawyers Association (OCDLA); Life
member of the National Association of Criminal
Defense Lawyers (NACDL)
Oklahoma City, Oklahoma
Rand Eddy
Managing Partner, Eddy Law Firm; former
Assistant Federal Public Defender for the
Western District of Oklahoma; former Assistant
Public Defender, Oklahoma County, Oklahoma
Oklahoma City, Oklahoma
Dennis A. Smith
Oklahoma District II District Attorney
Former President, Oklahoma District Attorney's
Association
Arapaho, Oklahoma
John W. Gile
Attorney At Law
Edmond, Oklahoma
Warren F. Bickford
Partner, Fellers Snider Blankenship Bailey &
Tippens
Oklahoma City, Oklahoma
John Coyle
Coyle & Coyle
Oklahoma City, Oklahoma
Mack Martin
Martin Law Office
Oklahoma City, Oklahoma
Jack Dawson
Miller Dollarhide Dawson & Shaw
Oklahoma City, Oklahoma
Stephen Jones
Jones, Otjen, Davis, & Tebow
Enid, Oklahoma
Ross N. Lillard III, Esquire
Captain, United States Army (retired)
Oklahoma City, Oklahoma
Reid Robison
Stockholder and Vice-President, McAfee & Taft;
former Assistant Attorney General, State of
Oklahoma; Captain, United States Air Force
JAG Corps (retired)
Jim Kirk
Partner, Kirk & Chaney
President, Oklahoma County Bar Association
Oklahoma City, Oklahoma"

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Expert: Behenna's Case Is 'Heart wrenching'

By Chris Casteel/The Oklahoman In Washington ~ The criminal appeal of Lt. Michael Behenna is “a high-stakes” case for the military justice system because it's so unusual and so closely watched, according to a former Air Force prosecutor and appeals court attorney.

“You don't have a lot of death cases in the military, particularly when you're talking about killing an insurgent or suspected terrorist on the battlefield,” said Michelle Lindo McCluer, who is now director of the National Institute of Military Justice at American University in Washington.

McCluer, a native Oklahoman, attended the oral arguments in Behenna's case before the Army Court of Criminal Appeals in Arlington, Va., on Thursday.

Read more: http://newsok.com/michael-behenna-appeal-is-high-stakes-case-for-military-justice-system-expert-says/article/3523166#ixzz17zJlMG2T.

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Behennas' Plea To Parole Board: Release Our Son

The parents of 1st Lt. Michael Behenna urged the U.S. Army parole board on Thursday to suspend the rest of his 15-year prison sentence and release him.

Scott and Vicki Behenna, of Edmond, made their second appearance of the year before the Army Clemency and Parole Board arguing that he posed no threat and that he was suffering from extreme stress when he shot an Iraqi man suspected of being a member of al-Qaida.

Shannon Wahl, Behenna's girlfriend, also spoke at the hearing, which was closed to the public.

Read the entire article at http://newsok.com/behennas-urge-army-parole-board-to-suspend-the-rest-of-edmond-soldiers-sentence-in-killing-of-iraqi/article/3520190#ixzz172crv8nR.

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Behenna's Parents Seek Support, Letters

Scott and Vicki Behenna, parents of Edmond Army Lt. Michael Behenna, have written to his supporters asking for help as his clemency hearing date approaches.

Behenna is serving a 15-year term at Fort Levenworth, result of a flawed court martial which followed the death of an al-Qaida member in his custody in Iraq almost two years ago. The court martial was marked by the withholding of evidence favorable to him by JAG prosecutors.

The Behennhas wrote, "To the thousands of Michael Behenna supporters, With great anticipation we approach Michael’s Clemency Hearing on December 2nd and then his Appellate Hearing on December 9th. The support Michael has received during the past year has grown far beyond what we could have imagined. Michael and our family have survived on the strength drawn from each of you and the many prayers that have lifted us up during this long and painful search for justice for an American Hero.

"We are constantly asked what can be done for Michael. Here are three things that you can do to help our son:

"1) Pray! Peace Lutheran in Edmond, Oklahoma will hold a prayer service for justice on Sunday, December 5th. Please lift up Michael the Sunday before his Appellate Hearing and ask God that this injustice be overturned.

"2) Sign Michael’s petition. We want to send 25,000 signatures to the Clemency Board by Thanksgiving. To reach this goal we only need 4,000 more signatures. Click on the following link to sign Michael’s petition: www.petitiononline.com/MBehenna/petition.html.

 3) Send Michael a letter or card. The best part of Michael’s day is when the letters are delivered to his prison cell. He thrives on those letters and your writing has become his eyes on the world. Please send him a short letter or card to let him know that he still has your support and that you appreciate his military service to our country.

"It is hard to believe that it has been 18 months since the Army paraded Michael through three airports in handcuffs en route to prison. Since those dark days we have waited patiently for the ‘justice’ system to address all the failures that we witnessed at Michael’s trial. Finally the day has arrived when we will get a chance to argue why Michael’s conviction should be thrown out. With your prayers and relentless support we will prevail and Michael will be free once more!"

For more information, go to www.defendmichael.com.

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Army Court Of Appeals Schedules Behenna Hearing

The U. S. Army Court of Appeals will conduct a hearing in the case of Lt. Michael Behenna of Edmond on December 9th.

Behenna's defense attorney and parents, Scott and Vicki Behenna, seek a reversal of his sentence of 15 years in the death of an al Qaida operative in Iraq.In an email to supporters of their son, the Behennas wrote, "Michael’s long awaited Appellate Argument has finally been scheduled. It will take place on December 9, 2010 at 10am before the Army Court of Appeals in Washington DC. We eagerly await for Michael’s case to be reviewed by this higher court and are anxious to hear what we believe will be a reversal of the injustice that was done to Michael. If you are in the Washington DC area on this day you are welcome to attend.
Read more »

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In Florida, West Has Fundraising Success

Florida Republican congressional candidate Allen West’s fundraising machine continues to churn.

West, a retired Army officer and Iraq war veteran who is trying to unseat Democratic Rep. Ron Klein, announced on Thursday that he had raised $1.6 million in third-quarter campaign funds — an astonishing sum that surpasses his $1.4 million second-quarter total.

[West recently headed a demonstration outside Ft. Leavenworth, Kansas in support of the "Leavenworth 10," former military personnel serving time for alleged war crimes. Among them is Edmond's 1st Lt. Michael Behenna.]

[Wilson Research Strategies of Oklahoma City and Washington is West's pollster.]

The Republican has emerged as a fundraising powerhouse, raking in more than $5.4 million so far for his campaign. Klein, who has yet to announce his third-quarter figures, had raised $2.5 million though Aug. 4. West’s second-quarter takeaway was the highest of any GOP non-incumbent candidate so far.

In a statement announcing his haul, West noted that “over 97 percent of our donations have come from individual contributions." His campaign said the average contribution was about $78.

West, a tea party favorite who has won the backing of former Alaska Gov. Sarah Palin, was outspent by nearly $1.8 million during a failed 2008 bid to oust Klein. During that matchup, Klein won handily.

Read more at http://www.politico.com/news/stories/1010/43628.html#ixzz12PxZjYw6.

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Michael Behenna Case Hearing Planned

There's word today from Ft. Leavenworth, Kansas, that imprisoned Army 1st Lt. Michael Behenna will be getting a clemency hearing tomorrow in preparation for a formal hearing in Washington in December.

Convicted by an Army tribunal of killing an al-Qaida operative in Iraq, Behenna is serving a 15-prison sentence. Appeals and requests for a new trial are based on the withholding of evidence by JAG prosecutors during his trial.

In a recent update on his case, his parents (Scott and Vicki Behenna of Edmond) wrote that a new clemency hearing is expected in December. Today, we were told there's some action involving Behenna but it was uncertain exactly what it was; later, we learned it was preparation for the hearing. The hearing at Leavenworth is a prelude to the official December hearing.

In that update on her son's case, federal prosecutor Vicki Behenna wrote, " I wanted to give all of Michael’s supporters an update on his appeal. Seven long months after Michael’s lawyers filed his brief with the appellate court the government finally filed its response brief on July 20, 2010. As a government lawyer myself I have to say that I am very disappointed in the government’s brief. In my 22 years as a federal prosecutor I have never seen a government lawyer misrepresent facts to an appellate court as was done in this brief. I understand that a lawyer must advocate their position, but as a young lawyer in the Department of Justice I was taught that my primary goal was to seek justice. Justice requires that a prosecutor act fairly, ethically and in all things uphold the constitution which we are sworn to defend.

"Unfortunately, the principals of justice and professional ethics have been completely disregarded by the military lawyers in Michael’s case. They seemingly created facts to fit their arguments rather than argue the case on its merits. Michael’s lawyer Jack Zimmerman needed no less than 18 pages in his reply brief to correct the countless misrepresentations of fact repeatedly made by the government. It is a sad day for the military justice system for the government attorneys to be so disingenuous in their arguments."

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Florida Candidate Plans Michael Behenna Rally

Florida congressional candidate Allen West (left) plans a September rally at Fort Leavenworth, Kansas, to support Edmond Army Lt. Michael Behenna and others.

West, a retired Army lieutenant colonel, is among dozens of present and former members of the military who have spoken out in defense of Behenna, serving a 15-year sentence in the death of an al-Qaida operative in Iraq.

Writes West, "We have created rules of engagement in Afghanistan which allows the enemy every opportunity to kill our men and women. We have considered such horrible ideas such as an award for 'courageous restraint.' We even allow former Taliban members who have attacked, and maybe even killed, our troops to be released from detainment based upon a 'pledge' signed by their fathers and tribal leaders.

"Yet, we have our own Warriors such as Army 1LT Michael Behenna serving a 15 year prison sentence for killing a known Al Qaeda operative who attacked him. Worse however, is the fact that exculpatory evidence in his case was withheld by the Army prosecutors who also withheld a key witness. There in the military prison at Ft. Leavenworth sit 10 Army Soldiers while Taliban fighters are being released. We just witnessed some of our finest Warriors, US Navy SEALS, having to endure a courts-martial because they 'punched' a terrorist.

"That is why I will be heading to Ft. Leavenworth in September to rally for the release of our soldiers so that they can be reunited with their families. Those families who willingly sacrificed their loved ones, believing that they could be severely wounded, or even killed....but never imprisoned for doing what we ask Warriors to do."

A petition seeking a new trial for Behenna now has more than 20,000 signatures. Learn more about the Behenna case at www.defendmichael.com.

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Michael Savage: Free Patriot Michael Behenna!

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Free Michael Behenna Petition Nears 20,000 Names

A petition seeking a new trial for imprisoned Army Airborne 1st Lt. Michael Behenna of Edmond has attracted almost 20,000 signatures.

Behenna, son of federal prosecutor Vicki Behenna and FBI analyst Scott Behenna, retired OSBI agent, is serving time in the death of an al-Qaida operative in Iraq. His court martial was marred by the withholding of evidence by JAG prosecutors. His original sentence has been reduced, but he still faces the bulk of a 15-year sentence at Fort Leavenworth, KS.

For more details, go to www.defendmichael.com.

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Michael Behenna's Parents Blast Double Standard

Vicki and Scott Behenna of Edmond, parents of imprisoned Army 1st Lt. Michael Behenna, are out with an email blasting the double standard they see in the military's treatment of imprisoned Taliban fighters compared to the treatment of members of the U. S. military.

Here is the text of their message:

The New York Times recently reported (see link below) that the US military has initiated a policy to “reintegrate” imprisoned Taliban fighters to their Afghan communities. These Taliban fighters were caught with evidence that they had killed our soldiers, but are released to their families in an active war zone with merely a ‘pledge’ that they will not return to the Taliban. This appears to be the latest attempt to win the hearts and minds of our enemies and taking the ‘catch and release policy’ to a whole new level.

This brings us to Michael’s case. Michael has been incarcerated by the Army for over a year now. We have asked at every level that Michael’s constitutional right to a fair trial be granted so that all the evidence is disclosed to the jury. Doesn’t seem too much to ask for an American citizen who fought for his country does it? Yet Michael’s request for a new trial has been stranded. The Army seems to be in no hurry to have Michael’s case in front of the Army Court of Appeals as they have yet to file their response to Michael’s brief which was filed back in December 2009.

There is a double standard in play here where enemy combatants are given mercy, but our soldiers/Marines are denied mercy. For example, Marine SGT Larry Hutchins whose conviction was overturned several weeks by the Navy Appellate Court is STILL IN CUSTODY while the Navy appeals the decision to the next appellate level.

During the past year we have come to know the families of the other soldiers/Marines who have been charged and convicted of ‘murder’ of Al-Qaeda or insurgents while in a combat zone. We have watched as these soldiers/Marines and their families prepare for clemency hearings before the military clemency boards. (The Armed Forces have a procedure, independent of the appellate process, where an incarcerated soldier/Marine can appear before a clemency board and ask for a reduction of his sentence, or if the individual has served at least 1/3 of his sentence they may request parole.) We have heard the hopelessness in the voices of the families when they learn that their son or husband will not receive ANY reduction in their sentence. It is difficult for these military families to know that based on a ‘solemn’ pledge Taliban fighters are released by the SAME US military leadership and allowed to return home to their families. What message does the US military send when we punish our own soldiers more harshly then we punish the combatants who have killed our brave men and women on the front lines of this war on terrorism?

Many of the soldiers/Marines I am speaking of, including our son, would never find themselves involved in the criminal justice system but for their combat experience. These soldiers/Marines do not have previous criminal histories, and their military records are replete with honorable service including purple hearts, bronze stars, and multiple deployments in defense of our country. Some of these soldiers fell victim to the military’s ‘catch and release’ policy that returns enemy combatants to the battlefield where they return to fight our soldiers time and time again. Yet others were protecting themselves or their men in a combat zone. Even if they made mistakes in judgment during war, should they be sentenced to 10-40 years while the enemy is totally forgiven? Why shouldn’t the SAME military leadership afford our combat soldiers/Marines a second chance!

If the US military will release Taliban fighters simply on a pledge by their families that they will not rejoin the Taliban then we ask the same for our troops. These soldiers/Marines are not a threat to our society and deserve to be home with their families. We ask that you the American public stand with us. Our request is that each of you vouch for these soldiers/Marines and demand that our military extend the same mercy to them as they did to the enemy combatants who are trying to kill our soldiers every day.

Please write a letter to your Senator, Congressman, and the Secretary of Defense and advise them that this double-standard will not be tolerated.

Bless you for your continued support,

Scott and Vicki Behenna

http://www.defendmichael.com/

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Behenna Case: Military's Imperfect 'Justice' System

If this is reason to dismiss a charge: "The court said it based its decision on the fact that a military defense attorney assigned to (Sgt. Lawrence) Hutchins was improperly dismissed before his trial in 2007."

Why isn't this? "(Lt. Michael) Behenna was convicted by a court martial and is now serving a 15-year sentence. His trial was marred by the withholding of evidence favorable to him by prosecutors and that has prompted appeals by his parents, Vicki and Scott Behenna, members of the congressional delegation, prosecutors, political leaders and others."

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Michael Behenna Draws More Support

Maritime Tactical Security, a firm that provides former Navy Seals as guards on ocean-going vessels, is supporting efforts to free 1st LT. Michael Behenna of Edmond, "who has suffered at the hands of political correctness."

From the MTS website: "First Lieutenant Michael C. Behenna is a 25 year old Army Airborne Ranger who was stationed near Baiji, Iraq, north of Baghdad. Michael grew up in Edmond, Oklahoma and graduated from Edmond Memorial High School in 2002. Michael graduated from the University of Central Oklahoma and was commissioned through Army ROTC in 2006.

"1st LT Behenna served in Iraq as an infantry platoon leader with the 101st Airborne Division in northern Iraq starting in September 2007. On July 31, 2008, he was charged with the premeditated murder of an Iraqi terrorist.

"Maritime Tactical Security believes that Army Ranger, 1st Lieutenant Michael Behenna was wrongfully prosecuted and subsequently imprisoned for shooting and killing a terrorist who attacked Michael during an interrogation.

"The following link has more information on how you can show your support

www.michaelbehenna.com, or through the Great American Patriot, Dr. Savage's website www.michaelsavage.wnd.com.

"You can make donations to Michael Behenna Defense Fund to help minimize the financial burden this case is creating on this young American Hero and his family at www.defendmichael.com.

"We are committed to bringing awareness to Michael's plight and join in the call to free Army Ranger, 1st LT Mike Behenna."

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Thirty Minutes To Say Goodbye

Most of you are aware of the facts in the case involving 1Lt Michael Behenna as detailed at www.defendmichael.com. These facts in and of themselves are horrific and represent a total betrayal of a young man who truly fought for his country against a determined and ruthless enemy. But few of you know the gut wrenching details that transpired after Judge Dixon denied the motion for a mistrial.

Thirty Minutes To Say Goodbye

By Scott and Vicki Behenna

It was a Friday, March 20, 2009, three weeks AFTER Michael was convicted of unpremeditated murder for the killing of Al Qaeda terrorist Ali Mansur. Before we left Michael’s apartment to drive to the courtroom for the mistrial hearing, Michael gave his mother Vicki his billfold and car keys in case the unimaginable happened. Michael seemed prepared for the worst since he had been disappointed many times during his trial. Yet the thought that the Judge would not declare a mistrial seemed a remote possibility to us that morning.

Based upon Vicki’s experience with such matters as a federal prosecutor this should have been an open and shut case for granting a new trial. But at 2pm that afternoon our world came crashing down when the judge denied the motion for mistrial claiming that Dr. MacDonell’s testimony would NOT have changed the jury’s verdict. He then told us that the defendant had thirty minutes to say good bye to his family.

We were stunned and in disbelief inside that courtroom. Tears instantly fell from our eyes at the news. Michael’s girlfriend Shannon collapsed on the floor sobbing. Vicki and I reached for Michael, but he didn’t want to be touched by anyone. Shannon’s father was incensed at the prosecutors.

Michael stood there stoically – his life changed forever.

The family was ushered to a holding room where we had thirty minutes to say goodbye.

Michael sat silently as one by one each of us hugged him and told him how much we loved him and that we would do everything possible to correct this injustice. Members of Michael’s platoon told him to stay strong. A Sergeant Major that Michael had worked with on post the previous three weeks knelt beside Michael and told him ‘You will always be a soldier.’ He then stood and saluted Michael.

The last thing Michael said to us before an MP escorted him away was “Don’t let me be forgotten.” Then, just like that, he was gone.

We stood outside the courtroom and waited until a military van whisked Michael away to the county jail where he would await transfer to Leavenworth.

The family then drove to Michael’s apartment where we spent the next several hours packing his belongings for shipment back to Oklahoma.

Going through Michael’s things only deepened our sense of loss. As parents you want to protect your children from harm and we were utterly powerless to do so. We packed away Michael’s things in silence.

The next day Vicki, Shannon and I were able to visit Michael at the county jail where he was locked up with common criminals.

Shannon has a vivid memory of seeing Michael in an orange jump suit leaning up against the wall waiting for his turn to visit. She says he looked like a little boy who was lost and unsure of what was happening to him. We knew what this young man was made of inside. There is no quit in him and whatever life threw at him he would survive it and come out stronger on the other end. But that knowledge did not ease the pain of seeing our son in such a place.

That would be the last time we would see or talk to Michael for over a month.

Among the many actions the Army has taken against our son there is one that is truly unforgiveable. For his trip to Fort Leavenworth prison Michael was dressed in his officer’s uniform and then paraded visibly handcuffed through the Nashville airport, then the Milwaukee airport, and then the Kansas City airport; flying from one airport to another on a commercial jet with two MP’s on each side of him.

The only reason we knew he had been transferred to Leavenworth was because one of the flight attendants on Michael’s flight from Milwaukee to Kansas City noticed this young man in an Army uniform in handcuffs with the two MP’s sitting beside him. Near the end of the flight Michael asked for a pencil and paper and simply wrote the phrase ‘defendmichael.com’ and handed it back to the attendant. The flight attendant went to Michael’s website that very night and posted a comment telling us that Michael was on his flight.

It has already been twelve months since Michael went to prison. But in those twelve months Michael’s story just keeps gaining momentum. Because of you he has not been forgotten. 250,000 hits on his website with over 1,500 comments posted. Over 15,000 signatures on his

online petition. Over 12,000 friends on the Free Michael Behenna Facebook page. Over 3,000 people wearing defendmichael wristbands. Hundreds and hundreds of letters sent to Congressmen, Senators, and Military Leaders. And then there are the countless people who have been so inspired by Michael's story that they have taken action on their own.

For example, a retired police officer in New York has somehow gotten postage stamps made that say defendmichael.com. Another supporter is distributing bumper stickers and others are passing out flyers in their communities. The founder of the Band of Mothers organization helped arrange meetings with members of Congress regarding Michael. And recently Michael couldn’t believe his ears when he heard Michael Savage of the Savage Nation radio show talking about his case as he was sitting in his prison cell. There is even the possibility of an HBO documentary on Michael’s story.

One year into his imprisonment Michael is living one day at a time. He is trying to make sense of what has happened while holding onto the hope that his freedom is not fourteen years away.

I’m reminded of a line by the playwright Aeschylus which says ‘And even in our sleep, pain that cannot forget, falls drop by drop upon the heart, and in our own despair, against our will, comes wisdom to us by the awful grace of God.’ If it is from pain that wisdom does spring forth, then Michael is becoming a very wise soul indeed.

Again, from the bottom of our hearts, THANK YOU for your continued support and prayers for a soldier we proudly call our son.

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Behenna Petition Drive Attracts 15,000 Signatures

A petition seeking a new trial for Army Lt. Michael Behenna has now attracted almost 15,000 signatures.

Behenna, of Edmond, was in Iraq a year ago when he killed an al Qaida operative being released from detention. Behenna said he shot in self defense; prosecutors claimed he executed the man. Behenna was convicted by a court martial and is now serving a 15-year sentence. His trial was marred by the withholding of evidence favorable to him by prosecutors and that has prompted appeals by his parents, Vicki and Scott Behenna, members of the congressional delegation, prosecutors, political leaders and others.

The petition is located at http://www.defendmichael.com/.

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Free Michael Behenna: Radio Talker Savage Gives $50,000 Boost To Officer's Defense Fund

From World Net Daily ~ The defense fund for a soldier convicted of shooting an al-Qaida operative he reported had tried to attack him has gotten a $50,000 boost thanks to the involvement of radio personality Michael Savage, and his defenders now are planning to request a personal meeting with the secretary of the Army about the case.

"I am committed to requesting a personal meeting with the secretary of the Army, John McHugh and ask him to release Michael," wrote Vicki Behenna, the mother of convicted 1st Lt. Michael Behenna.

WND previously has reported on the case, including when the Army Clemency Board last month reduced the sentence for Behenna from 20 to 15 years – even as his appeal remained pending before higher courts.

A focal point of the appeal – as well as the arguments in support of clemency – is the fact that a statement by a witness for the prosecution in the case confirmed that Behenna's own description of shooting the al-Qaida operative – Ali Mansur – in self-defense was the only explanation supported by the facts.

The issue is raising concern because of the decision by the prosecution to not only exclude the statement from the case but withhold it from the defense until after the conviction.
Savage recently raised the issues involved in the case on his program, urging his listeners to get involved and taking the lead with a $10,000 donation to Behenna's defense fund. Vicki Behenna then confirmed the results.

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Free Behenna Petition Swells To 11,000 Signatures

Fueled by the words of syndicated radio talk show host Michael Savage, a petition seeking a new trial for Edmond Army Lt. Michael Behenna now has about 11,000 signatures.

The petition, launched by Behenna's fiance, Shannon Wahl, and his parents, Vicki and Scott Behenna, is addressed to Senators Jim Inhofe and Tom Coburn, Congresswoman Mary Fallin, the U. S. Secretary of Defense and others. It can be signed at http://www.defendmichael.com/.

Before Savage's comments critical of the Army, and an interview with Vicki Behnna, the petition had slightly more than 5,000 signatures.

Behenna is serving a 15-year sentence at Fort Leavenworth for unpremediated murder in the death of an al Qaida operative in Iraq. His trial was marred by the withholding of forensic evidence favorable to him and that act is the basis for appeals for clemency and a new trial. The Army's Clemency Board last week reduced his sentence to 15 years (initially, it was 25 years, then reduced to 20 years).

The entire congressional delegation, Governor Brad Henry, Oklahoma County District Attorney David Prater and dozens of other present and former state and federal prosecutors have expressed outrage over the withholding of the evidence and support a new trial for the 25-year-old officer, lauded for his combat leadership prior to his court martial.

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Congressmen Seek Behenna Sentence Suspension

Two members of Congress, Trent Franks of Arizona and Steve King of Iowa, have asked U. S. Defense Secretary Robert Gates to suspend the sentence of Edmond Army Lt. Michael Behenna pending the outcome of Behenna's appeal of his conviction of unpremeditated murder in the death of an al Qaida operative in Iraq last year.

The letter is the latest in a series of protests voiced by members of Congress, federal and state prosecutors, and others, over Behenna's conviction.

Yesterday, the Army's Clemency Board reduced Behenna's 20-year sentence to 15 years. His appeal that seeks a new trial has not yet been heard.

Read the letter to Gates sent by Franks and King: http://defendmichael.files.wordpress.com/2009/03/letter-to-secretary-gates.pdf

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