Post by Anja Nieser on Sept 8, 2006 1:13:21 GMT -5
Area soldier faces death penalty----Defense lawyer says fatal shooting of
Iraqi was 'mercy killing' of brain-dead insurgent
A soldier from Buffalo who faces a possible death sentence was following
orders when he shot and killed an Iraqi insurgent who was already brain
dead, according to a member of his defense team. Spc. Juston R. Graber,
20, and three other members of the 101st Airborne Division have been
charged with murder in connection with the deaths of four Iraqi men, and
an Army investigator has recommended the death penalty if they are
convicted.
Paul W. Bergrin, who was lead attorney during a hearing for the four last
month in Iraq, said Wednesday that he is "astonished" the Army would
charge Graber with anything.
"He has an impeccable record, has been decorated for valor and essentially
is charged with a mercy killing," said Bergrin, a civilian.
Lt. Col. James P. Daniel Jr. concluded the slayings were premeditated and
warranted the death sentence based on information he heard at an August
hearing. The case will now be forwarded to Army officials who will decide
whether the recommendation should be followed.
The four soldiers, all based at Fort Campbell, Ky., are accused of killing
the men during a May 9 attack outside Samarra, about 60 miles north of
Baghdad.
Graber, Staff Sgt. Raymond L. Girouard, Spc. William B. Hunsaker and Pfc.
Corey R. Clagett have claimed they were ordered to "kill all military age
males" during the raid on the island.
Bergrin, of Newark, N.J., said the soldiers were briefed that they were
about to attack a known al-Qaida training camp and their rules of
engagement were to kill every military-age male on the island.
Bergrin, who currently represents just Clagett, said the soldiers were
shot at by a man in a window armed with an AK-47 and they returned fire,
striking the man.
They proceeded into the house and found more armed men, who were taken
prisoner, he said.
The man in the window received a severe head wound and a medic determined
he was brain dead with no chance of recovery, Bergrin said.
He said Graber was ordered "to put him out of his misery" and did so with
a second shot to the head.
The soldiers were then attacked by the other 3 men who were being
handcuffed and claimed they shot them in self defense.
Graber is not charged in connection with those deaths.
Clagett said he was hit in the face and Hunsaker claimed he was stabbed
during the attack.
Prosecutors argued the soldiers conspired to kill the men and then altered
the scene to fit their story. They contend Girouard stabbed Hunsaker as
part of the plot.
Bergrin said Graber is confined to his base in Iraq and the other 3 are
imprisoned in Kuwait.
Graber is represented by an Army lawyer, who is prohibited from talking
about the case, Bergrin said.
He is charged with premeditated murder, attempted premeditated murder,
conspiracy to commit murder and making a false official statement.
The other 3 are charged with murder, attempted murder, conspiracy and
obstructing justice.
An Army spokesman in Baghdad said he could not comment on the case.
Graber reportedly is a graduate of Riverside Institute of Technology. A
call to the school was not returned.
(source: Buffalo News)
Iraqi was 'mercy killing' of brain-dead insurgent
A soldier from Buffalo who faces a possible death sentence was following
orders when he shot and killed an Iraqi insurgent who was already brain
dead, according to a member of his defense team. Spc. Juston R. Graber,
20, and three other members of the 101st Airborne Division have been
charged with murder in connection with the deaths of four Iraqi men, and
an Army investigator has recommended the death penalty if they are
convicted.
Paul W. Bergrin, who was lead attorney during a hearing for the four last
month in Iraq, said Wednesday that he is "astonished" the Army would
charge Graber with anything.
"He has an impeccable record, has been decorated for valor and essentially
is charged with a mercy killing," said Bergrin, a civilian.
Lt. Col. James P. Daniel Jr. concluded the slayings were premeditated and
warranted the death sentence based on information he heard at an August
hearing. The case will now be forwarded to Army officials who will decide
whether the recommendation should be followed.
The four soldiers, all based at Fort Campbell, Ky., are accused of killing
the men during a May 9 attack outside Samarra, about 60 miles north of
Baghdad.
Graber, Staff Sgt. Raymond L. Girouard, Spc. William B. Hunsaker and Pfc.
Corey R. Clagett have claimed they were ordered to "kill all military age
males" during the raid on the island.
Bergrin, of Newark, N.J., said the soldiers were briefed that they were
about to attack a known al-Qaida training camp and their rules of
engagement were to kill every military-age male on the island.
Bergrin, who currently represents just Clagett, said the soldiers were
shot at by a man in a window armed with an AK-47 and they returned fire,
striking the man.
They proceeded into the house and found more armed men, who were taken
prisoner, he said.
The man in the window received a severe head wound and a medic determined
he was brain dead with no chance of recovery, Bergrin said.
He said Graber was ordered "to put him out of his misery" and did so with
a second shot to the head.
The soldiers were then attacked by the other 3 men who were being
handcuffed and claimed they shot them in self defense.
Graber is not charged in connection with those deaths.
Clagett said he was hit in the face and Hunsaker claimed he was stabbed
during the attack.
Prosecutors argued the soldiers conspired to kill the men and then altered
the scene to fit their story. They contend Girouard stabbed Hunsaker as
part of the plot.
Bergrin said Graber is confined to his base in Iraq and the other 3 are
imprisoned in Kuwait.
Graber is represented by an Army lawyer, who is prohibited from talking
about the case, Bergrin said.
He is charged with premeditated murder, attempted premeditated murder,
conspiracy to commit murder and making a false official statement.
The other 3 are charged with murder, attempted murder, conspiracy and
obstructing justice.
An Army spokesman in Baghdad said he could not comment on the case.
Graber reportedly is a graduate of Riverside Institute of Technology. A
call to the school was not returned.
(source: Buffalo News)