Free Michael Behenna Petition Swells By 500

Five hundred new signers in the past week have swelled the "Free Michael Behenna" online petition to about 3,500.

Petition signers seek a new military trial for the Army Airborne lieutenant from Edmond who was convicted of murder in the death of an Al Qaida operative in Iraq.

The petition was written by Behenna's fiancee, Shannon Wahl (pictured with Behenna).

Military prosecutors withheld evidence favorable to Behenna at his court martial, and that action has prompted calls for a new trial or dismissal of the charge against him.

Behenna, the son of federal prosecutor Vicki Behenna and retired Oklahoma State Bureau of Investigation agent Scott Behenna, was praised for his combat leadership prior to the incident that put an end to his military career. He is now in prison serving a 25-year sentence.

Those wishing to sign the petition can click the link on the right side of this page or go directly to www.defendmichael.com.

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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.

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Friends Rally To Defense Of Lt. Michael Behenna

Friends of Army Lt. Michael Behenna of Edmond have established a legal defense fund in an effort to exonerate him in the death of an Al Qaeda operative in Iraq a year ago.

A Michael Behenna website with donation details (http://defendmichael.wordpress.com/) devoted to his case tells the story:

"On March 20th, 2009, 1st Lieutenant Michael Behenna was sentenced to 25 years in prison for killing a known Al Qaeda operative while serving in Iraq. The 'victim,' Ali Mansur, was known to be a member of an Al Qaeda cell operating in the lieutenant’s area of operation, and was suspected to have organized an attack on Lt. Behenna’s platoon in April 2008 which killed two U.S. soldiers and injured two more. Army intelligence ordered the release of Mansur and Lt. Behenna was ordered to return the terrorist to his home.

"During the return of Mansur, Lt. Behenna again questioned the Al Qaeda member for information about other members of the terrorist cell, and financial supporters. During this interrogation, Mansur attacked Lt. Behenna, who killed the terrorist in self-defense. The government subsequently prosecuted Lt. Behenna for premeditated murder.

"Not only is this a miscarriage of justice on the behalf of Lt. Behenna, who was acting to prevent further loss of life in his platoon, it is demoralizing to the U.S. troops who continue to fight on behalf of the freedom and security of our nation. Whether it is U.S. border patrol agents, members of the armed forces, or FBI agents, no individual who is serving on the frontlines in the War on Terror should be so blatantly mistreated.

"We urgently need your help to correct this terrible wrong against a loyal and faithful soldier. Please contact your congressman and ask them to intervene on behalf of 1LT Behenna."

Compounding exasperation over Behenna's conviction, it has been revealed the military prosecutors withheld evidence favorable to him. That's more than ironic, given that his mother, Vicki Behenna, is a prominent federal prosecutor and his father, Scott, is a respected, retired OSBI agent who now works with the FBI. He was a lead investigator in the David Walters campaign finance scandal in the early 1990s.

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