Michael Savage: Free Patriot Michael Behenna!

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General Upholds Behenna Murder Conviction

By Jerry Bohnen/NewsRadio 1000 KTOK ~ It's been a disappointing week for Vicki Behenna of Edmond after an Army General at Fort Campbell, Kentucky upheld the murder conviction of her son.

Army Lieutenant Michael Behenna was convicted last spring of the 2008 murder of a detainee he was supposed to have freed in Iraq.

"Yeah, it's sickening," said Behenna in an interview with KTOK News. "As much as Michael thinks somebody in the military's going to stand up for his rights, I'm thinking that the lawyers in the military reviewing this and seeing that violation, where favorable evidence wasn't turned over to the defense, would want to correct that."

Her son got a 25-year sentence that he is serving at the Leavenworth federal penitentiary in Kansas. While the general affirmed the findings of guilt, he also reduced Behenna's sentence to 20 years.

But she's not giving up.

"We intend to fight this all the way, if we have to go to the Supreme Court on it, we're gonna do that for Michael because what happened to him was not right and it was not a fair trial."

Behenna, a federal prosecutor in Oklahoma City, has talked with her son following this week's announcement by the Army.

"Obviously he is very disappointed. He thinks somebody in the military's gonna stand up for him and that has not happened."

Michael Behenna was under orders last year to release a detainee who was a terror suspect. The detainee was Ali Mansur and as Behenna started to return him to his home, he attempted one last interrogation. The soldier claims that during the interrogation, Mansur attacked him and he was forced to shoot and kill him.

Vicki Behenna contends there was favorable evidence from a government forensics expert that was not allowed to be heard at trial and was, in fact, dismissed by prosecutors who did not inform the court or defense attorneys of the expert's findings.

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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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Flash Point Focuses On Behenna Case

The case of Army Lt. Michael Behenna of Edmond, convicted by a military tribunal of killing a known Al Qaida operative in Iraq, was discussed on KFOR-TV's "Flash Point" show today.

Behenna's conviction came after military prosecutors withheld evidence from their own forensics expert favorable to Behenna, an act former federal prosecutors say demands Behenna be given a new trial.

Behenna's mother, federal prosecutor Vicki Behenna, discussed the case with Mike Turpen and guest Jeff Cloud, substituting for Kirk Humprheys.

Also discussing the case, and calling for a new trial, were former federal prosecutors Robert McCampbell and Dan Webber.

Appeals in the case have been directed to the commanding general of the 101st Airborne Division at Fort Campbell, Kentucky, and to the secretary of the Army.

For more information on the case, go to http://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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Justice Denied? Behenna Case Angers Many

Compliled From News Reports ~ While attorneys for Army Lt. Michael Behenna of Edmond plan an appeal of his military court conviction of murder in the death of an Al Qaida member in Iraq, there's growing anger over the failure of military prosecutors to disclose expert evidence favorable to him.

A military court on Feb. 27 found Behenna (pictured with his family at his Army Ranger graduation) guilty of murdering al-Qaida operative Ali Mansur Mohammed in Iraq on May 16, 2008 during a field interrogation. Behenna, 25, an infantry platoon leader in the 101st Airborne Division, maintains the shooting was in self-defense.

The seven-member panel that convicted Behenna rejected that claim, but new information indicates the court may not have heard the whole story. On the day the verdict came down, the government's own forensics expert, Dr. Herbert L. MacDonell, told Army prosecutor Capt. Meghan M. Poirier that he had changed his mind and now believes Behenna killed Ali Mansur in self-defense.

In a letter dated February 27, 2009, MacDonell told Poirier he was “concerned that I did not testify and have a chance to inform the court of the only logical explanation for this shooting.”

“From the evidence I feel that Ali Mansur had to have been shot in his chest when he was standing. As he dropped straight down he was shot again at the very instant that his head passed in front of the muzzle,” MacDonell wrote. “It fits the facts and I can not think of a more logical explanation.”

The Army lawyers prosecuting Behenna had a legal duty to reveal such “exculpatory evidence” that could clear Behenna to the defense and failed to do so, Behenna’s lawyer Jack Zimmermann said.

Behenna detained Ali Mansur Mohammed on May 5, 2008. Mohammed was a suspect in the April 21, 2008 roadside bombing that killed platoon members Spec. Steven J. Christofferson, 20, of Cudahy, Wis., and Sgt. Adam J. Kohlhaas, 26, of Perryville, Mo.

While transporting the prisoner, Behenna testified, he drove Mohammed to a secluded area to interrogate him after conferring with the local Sunni “Sons of Iraq” leader. Behenna was accompanied by an Iraqi interpreter identified only as “Harry,” and Army Staff Sgt. Hal C. Warner, his platoon sergeant.

After being forced to strip naked, Mohammed rose and tried to wrestle away Behenna’s pistol. Behenna claimed he reflexively fired, striking Ali Mansur first in the chest and again in the forehead.

Warner and Harry testified they did not witness the shooting.

The government argued Behenna shot Ali Mansur Mohammed first in the head and then in the chest while he was sitting down. The crime scene was partially obliterated when Warner placed an incendiary grenade on Mohammed's body after the shooting.

Warner subsequently pled guilty to mistreating Mohammed before Behenna’s trial and is currently serving a 17-month sentence at Ft. Sill. Before making a deal with prosecutors, he faced life in prison without parole for first-degree murder. Warner, a three-tour Iraqi veteran, testified againt Behenna at his court-martial.

During the trial, the prosecution argued that Behenna’s self defense claim was “incredible,” and “impossible,” because Mohammed was undoubtedly first shot in the head while sitting.

MacDonell, a world renowned forensic specialist, has investigated such high profile cases as the Martin Luther King assassination, the murder of Robert Kennedy, and the O.J. Simpson double murder case.

“This scenario is consistent with the two shots being close together, consistent with their horizontal trajectory, consistent with the bloodstains on the floor, and consistent with the condition of the 9 mm flattened out bullet which was tumbling after leaving Ali Mansur's head or body,” MacDonell surmised. “I do not know where this bullet was recovered but I would expect that after impact to the concrete wall it fell very close to that wall. The other bullet should have been close to the first and there should have been two impact points on the wall.

MacDonell revealed his discomfort to Zimmermann as he was leaving the courtroom after testifying against Behenna during the court martial.

“I would have been a good witness for you,” MacDonell confided in Zimmermann on his way into the court room the day before Behenna was convicted.

“Why is that?" the always laconic Zimmermann responded.

“I can’t tell you. I was retained by the prosecution. I will write you after the trial,” MacDonell replied.

The next morning Zimmermann asked the three Army lawyers prosecuting Behenna if they were aware of any evidence offered by MacDonell that could help exonerate Behenna. They denied knowledge of any exculpatory evidence, Zimmermann says.

The government “specifically addressed the forensic evidence in a manner that was completely contrary to Dr. MacDonell’s withheld exculpatory expert opinion,” Zimmermann said in his motion for mistrial.

Ironically, MacDonell testified in the federal trial of infamous Oklahoma bomber Timothy McVeigh. Behenna’s mother Vicki, is an assistant U.S. attorney in Oklahoma City who helped convict McVeigh in April 1995 of planting a homemade truck bomb that claimed 168 lives and left over 800 people injured.

“We think the judge erred,” Zimmermann said. “MacDonell’s conclusions will be very useful in his appeal.”

Military law mandates that murder sentences be automatically reviewed in the Army Court of Appeals in Washington.

Behenna's family and friends have established a website and defense fund. For more information, go to http://defendmichael.wordpress.com/.

Among sources for this article are Newsmax, CNN, and The Associated Press.

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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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