GOVERNMENT WITHHOLDS EVIDENCE; ARMY RANGER GOES TO PRISON FOR 25 YEARS FOR SHOOTING AL QAEDA OPERATIVE
Published: 06/02/2009 Author: ViperAsh
Posted On: May 28, 2009 at 9:08 AM By: Kathy
UPDATE 6/02/09
An email alerted me this morning that we are still about 400 signatures short of the 2000 goal. Please, if you have not signed the petition, click below to do so, then make a couple of phone calls. Lt Behenna is counting on US to defend him~kathy

GOVERNMENT WITHHOLDS EVIDENCE;
ARMY RANGER GOES TO PRISON FOR 25 YEARS FOR SHOOTING AL QAEDA OPERATIVE
 
Yesterday I sent out the following news story here are some additions..PLEASE Sign Lt. Behenna’s petition for a new trial at:
 
 
As of last night there have been over 400 signatures. PLEASE add yours.
Also please call the numbers below in the first news story..and tell all your friends spread the word everywhere you can on the Internet.
 
The An American Hero deserves a new trial Petition to Senator Inhofe, Senator Coburn, Congresswoman Mary Fallin, U.S.Congress and US Secretary of Defense was created by and written by Shannon Wahl (defendmichael@gmail.com). 
 
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I received the following link from Michalel Behenna's mother.  It is a a petition asking for Michael to get a fair trial.  He should get a medal, not another trial!
 
There are now over 400 signatures overnight, please help us get 400,000!  Thank You! 
 
Please sign the petition for 1LT Michael Behenna to receive a Fair Trial!
Please Forward to everyone!!!

 
http://www.petitiononline.com/MBehenna/petition.html
Thank you all for your support!
Shannon
 -- 
Defend 1LT Michael Behenna
More information about story or how to get involved please check out these websites.

 
www.DEFENDMICHAEL.COM
http://twitter.com/DefendMichael
http://defendmichael.blogspot.com/
 
Beverly Perlson
The Band of Mothers
 
----------------------------------------
 
 
Contact Us  ( Scott & Vicki Behenna, sbehenna@cox.net )
 
Donate Online
 
 

www.DefendMichael.com Wristband

We'll send you this DefendMichael.com wristband with any donation of $20 or more.

Support Michael

We need your support now more than ever.  The government has unlimited resources and has spent accordingly.  1LT Behenna and his family hired civilian counsel,  Houston lawyers Jack B. Zimmermann and Kyle R. Sampson, at their own expense.   This Legal Defense Fund has been established for the sole purpose of helping ensure that 1LT Behenna has meaningful access to experienced legal defense counsel in the military prosecution.  The value of having experience in a case like this became very obvious when the issue of evidence withheld by the prosecution was discovered.  All donations to this Fund will be used exclusively for attorney fees and expenses associated with this legal defense and will be maintained in an independently administered trust account.  Disbursements from the Fund will be made directly to 1LT Behenna’s legal counsel upon receipt of qualified invoices. Funds will not be distributed directly to 1LT Behenna.

If you are able to help defray these costs, please send contributions to the:

1LT Michael Behenna Legal Defense Fund
c/o Jack Dawson, co-trustee
100 Park Avenue, Second Floor
Oklahoma City, Oklahoma 73102-8099

or Rachel Lawrence Mor, co-trustee
3037 N.W. 63rd Street, Suite 251
Oklahoma City Oklahoma 73116

Please read our Legal Disclosure before donating. Thank you for assisting Lt. Michael Behenna.

----------------------------------------
 
Please call the numbers below, Viper
 
To All My Readers
PLEASE We Need Your Help!
Spread The Word! 
 
Below you will see the article about the injustice done to one brave Soldier, Michael Behenna, who is sitting in Leavenworth right now for 25 years for doing what we asked him to do, defend his country.  At his trial, it is clear evidence was withheld that would exonerate him.
 
Please help me help this fine Soldier.  Tomorrow, please make 3 phone calls in support of Michael.  I believe we can turn things around for Michael if enough calls are made on his behalf.  Below are the phone numbers for Oklahoma Congresswoman Mary Falin, and Oklahoma Senators Inhoffe and Coburn.  All 3 of these representatives are huge supporters of our troops.  Mary Falin has advocated for Michael already, please call and THANK HER for all she has done so far!  When I stood on the Cannon Bldg corner in DC so many times last year, Ms. Falin came out almost every time and thanked us for supporting our troops!  So please thank her and ask if there is anything we can do to help her help Michael.
 
Mary Falin.............202-225-2132
 
Senators Inhoffe and Coburn need to have their phones flooded with calls from all of us.  Please be nice as they really do support our troops, but let them know they must do something to correct this injustice.  Thank You so very much and please forward this to everyone you know.  We can't sit by and let this happen to these brave men and women who risk their lives for all of us.  Also, you can visit
www.defendmichael.com and leave a comment and donate to his legal fund.  With a mother's heart, I thank you!
 
Senator Inhoffe.....202-224-4721
Senator Coburn...202-224-5754
 
Beverly Perlson
The Band of Mothers
www.thebandofmothers.com
 
 
 
Something Terrible Has Happened To Michael
 
Canada Free Press
By Joan Swirsky 
Monday, May 25, 2009
 
 
Army Ranger Lt Michael Behenna

 

Imagine that you've learned in your local newspaper and on TV that a serial murderer is stalking and killing people in your community. Anxious and concerned for the safety of your family, you buy a gun.
 
Then your worst nightmare happens. Lying in bed and drifting off to sleep, you hear a loud sound downstairs -- the unmistakable explosion of your front door being battered down and the menacing footsteps of an intruder climbing the stairs to your bedroom. You cock your already-loaded gun, and when the thug lunges at you, you shoot.
 
Now dead, he is positively identified as the man who murdered the other people in your town...  and you are hailed as a hero.
 
You don't consider yourself a hero at all, but simply a regular citizen protecting his family. When polls are taken about what you did, 90 percent of people say they would have done the same thing, six percent say they would have "reasoned" with the intruder, and another four-percent said, "I don't know."
 
THEORY VS REALITY
The contempt liberals and leftists have for physical self-defense is wedded to their rigid obeisance to non-violence. Last December, when my next-door-neighbor's 48-year-daughter and mother of three was gunned down in her own home in Missouri by two teenagers, her Leftist parents thought the solution to this kind of violence was gun control.  When I told them that I wished their daughter had had a gun and "blown those thugs away," they said -- in defense of their indefensible position -- that "she couldn't have gotten a gun out fast enough." Huh?
 
But theory has no place in the real world of American soldiers who have volunteered to protect and defend our country and are faced not with neighborhood thugs but with Al Qaeda terrorists who have told the entire world that their Number One mission is to kill all the "infidels" -- particularly Americans -- who disagree with their Islamist agenda of establishing a Muslim-driven Caliphate of Islamic "law" in the Western world.
 
We saw this in all-too vivid action when 19 Saudi Arabian jihadists murdered nearly 3,000 people on September 11, 2001, in the World Trade Center Twin Towers in New York City. We saw this when we witnessed our enemies dancing in the streets as New Yorkers were burned alive or leapt to their ghastly deaths from the highest floors. We saw this as the stalwart defenders of American freedom were annihilated in the Pentagon, and as hundreds of innocent airline travelers plunged to the ground in Pennsylvania.
 
And we applauded the heroism of the men and women who immediately enlisted to fight this threat to our country, and continue to do so today.
 
One of those volunteers was Michael Behenna, who heard the call in 2006 while attending the University of Central Oklahoma. From a prominent family of public servants -- his mother Vicki is an Assistant United States Attorney and his father Scott a retired Special Agent with the Oklahoma State Bureau of Investigation -- Michael arrived in Iraq in 2007 and quickly rose to the rank of First Lieutenant.
 
TRAVESTY OF JUSTICE
But there are rare instances in which a member of our military is punished for doing what he was trained to do -- subdue or, if necessary, kill the enemy. This is what happened.
 
In May 2008, a known member of an al Qaeda cell, Ali Mansur, was suspected of having organized an attack on the young Army Ranger's platoon, which killed two U.S. soldiers and injured two more under Lt. Behenna's command. For some unfathomable reason, Army intelligence ordered that Mansur be released and ordered Lt. Behenna, who was then 24, to escort the terrorist to his home.
 
On the way, Behenna questioned Mansur in an effort to learn additional information about other members of the terrorist cell, as well as who was financing it. During the interrogation, Mansur attacked Lt. Behenna, who killed the terrorist in self-defense.
 
But instead of expressing relief that one of their own had survived the attack, the government cast Mansur as the "victim" and prosecuted Lt. Behenna for premeditated murder!  The following timeline was taken, in part, from the website that has been established in support of Lt. Behenna -- Defendmichael.com -- and confirmed by his mother, Vicki.
 
On February 23, 2009, Behenna went on trial. During the trial:
  • The government argued that Behenna executed Mansur while he was sitting on a rock, while Behenna said that he shot in self defense after Mansur stood up and tried to reach for the Lieutenant's gun during the interrogation.
  • A government expert, an Iraqi doctor who performed the autopsy, said that the bullets had a horizontal trajectory, suggesting a direct confrontation and not a scenario in which a defenseless Mansur sat helplessly on a rock while a standing Behenna shot him at a downward angle. In fact, both government and defense experts agreed on the trajectory of the bullets that killed Mansur.
  • In short order, the prosecution decided not to call to the stand another government expert, Dr. Herbert MacDonnell, but instead sent him home. But not before Dr. MacDonell told Behenna's defense attorney that he would have been a good witness for the defense.
  • While Dr. MacDonnell was picking up his coat in the prosecution room on his way out of the courthouse, he told the three prosecutors: "The explanation that Lt Behenna just testified to was the exact same scenario I told you yesterday. Lt Behenna is telling the truth."
  • Referring to Dr. MacDonnell's statement that he would have been a good witness, the defense counsel, Jack Zimmermann, asked the prosecutors if they had any exculpatory evidence that should be provided to the defense. (This is evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt.) But the prosecutors denied having any such evidence despite having been told by their own expert witness that Lt Behenna's explanation was the only logical explanation of the events that had transpired.
  • Because this evidence was withheld, the prosecutors were able to argue that Lt. Behenna executed Ali Mansur while the "victim" was seated on a rock -- in spite of the testimony of forensic experts, including Dr. MacDonnell, who agreed that Mansur was standing with his arms outstretched when he was shot.
  • On February 27, 2009, Lt. Behenna was convicted of unpremeditated murder and assault by a military panel of seven officers -- none of whom were combat arms.
  • Following the trial, Dr. MacDonnell contacted the prosecutors again, asking that the information he provided them be given to the defense.
  • After Dr. MacDonnell's e-mail was provided to the defense counsel, Mr. Zimmermann moved for a mistrial.
  • Judge Theodore E. Dixon promptly ordered both sides in the case to file briefs relating to a possible mistrial, and, after reading the briefs, set a date for an additional hearing and ordered additional briefs, including one from the defense requesting a new trial.
  • But on March 20, Judge Dixon denied the defense motions to declare a mistrial and to order a new trial and sentenced Lt. Behenna to serve 25 years in Leavenworth penitentiary.
Lt.  Behenna's attorneys are appealing the verdict. It is Vicki Behenna's understanding that the General of the 101st Airborne will review Michael's case in the next several weeks, in which case he can set aside the findings of guilt, order a new trial, or reduce Michael's sentence. After the General's decision, Michael's case will be docketed in the appellate court, a process that can take from one-to-three years for the appeal to be heard.
 
HOW COULD THIS HAPPEN?
There are those who believe that Michael was "sacrificed" for political reasons. Is it possible that the motive for failing to provide the exculpatory information had anything to do with our military's desire to be able to tell the Iraqi government that they had convicted an officer, the better to actualize some kind of quid pro quo arrangement or smooth over some ruffled feathers?
 
In my opinion, it's a miscarriage of justice for a soldier who is fighting for the Constitutional rights we hold dear -- the right to due process and a fair trial -- to be denied those rights in his own trial! And what about the demoralization this causes other U.S. troops, who continue to fight on behalf of the freedom and security of our nation? Whether they are 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 afforded anything less than a fair trial.
 
The Behennas and their many supporters have mobilized to help Michael and they urge everyone to contact his or her elected official to make sure that justice is done. And because the government has limitless resources but they don't, they've established a Legal Defense Fund to help their efforts.
 
1LT Michael Behenna Legal Defense Fund
c/o Jack Dawson, co-trustee
100 Park Avenue, Second Floor
Oklahoma City, Oklahoma 73102-8099
 
Rachel Lawrence Mor, co-trustee
3037 N.W. 63rd Street, Suite 251
Oklahoma City Oklahoma 73116
 
Please read Legal Disclosure before donating.
 
They've also promised to send a Defend Michael Wristband for any donation of $20 or more.
 
 

Last edited by Kathy on June 2, 2009 at 8:25 AM
Posted on May 28, 2009 at 9:08 AM by Kathy  

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