The Leavenworth 10
By Patriots Blog | Wednesday, May 26th, 2010
Crossposted from Support Michael Leahy Jr
Honorable soldiers unjustly serving time at Fort Leavenworth:
- 1Lt Michael Behenna
- MSG John Hatley
- SFC Joseph Mayo
- SPC William Hunsaker
- Sgt Evan Vela Carnahan
- Pfc Corey Clagett
1Lt Michael Behenna
MILITARY PROSECUTORS WITHHOLD EVIDENCE; ARMY RANGER GOES TO PRISON FOR 25 YEARS FOR SHOOTING AL QAEDA OPERATIVE
The Story
On March 20th, 2009, Army Ranger 1st Lieutenant Michael Behenna was sentenced to 25 years in prison for killing Ali Mansur, a known Al Qaeda operative while serving in Iraq. 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 front lines 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. Below is a brief recap of the relevant aspects of Lt. Behenna’s case.
- September 2007: 1st Lieutenant Michael Behenna deployed to Iraq for his first combat experience
- April 21, 2008: Lt. Behenna’s platoon was attacked by Al Qaeda operatives. The attack resulted in death of two of Lt. Behenna’s platoon members, two Iraqi citizens, and wounded two additional soldiers under Lt. Behenna’s command.
- May 5, 2008: Known terrorist Ali Mansur was detained at his home for suspected involvement in the attack on Lt. Behenna’s platoon
- May 16, 2008: Army Intelligence orders the release of Mansur
- Lt. Behenna, who lost two members of his platoon just weeks earlier, was ordered to transport Mansur back to his home
- Lt. Behenna attempts a final interrogation of Mansur prior to his release
- During the interrogation, Behenna is attacked by Mansur and is forced to defend himself. During the altercation, the terrorist is killed.
- Lt. Behenna failed to properly report the incident
- July 2008: The U.S. Army charges Lt. Behenna with premeditated murder for the death of Al Qaeda operative and terrorist Ali Mansur.
- February 23, 2009: Lt. Behenna’s trial begins
- Government and defense experts agree on the trajectory of the bullets killing Mansur
- Prosecution expert Dr. Herbert MacDonnell initiated contact with defense attorneys explaining his agreement with the testimony of Lt. Behenna and his presentation to prosecutors supporting Lt. Behenna’s version of events.
- Dr. MacDonnell is not called to testify in the case and instead is sent home. Just before leaving the courthouse he picks up his coat from the prosecution room and says to the three prosecutors (Megan Poirier, Jason Elbert, and Erwin Roberts), ‘The explanation that Lt Behenna just testified to was the exact same scenario I told you yesterday. Lt Behenna is telling the truth.’
- Jack Zimmermann, defense counsel, asks prosecutors if they have any exculpatory evidence that should be provided to the defense (referring to Dr. MacDonnell’s demonstration). Prosecutors deny having any such evidence despite having been told by their own expert witness that Lt Behenna’s explanation was the only logical explanation.
- Prosecutors withholding of this evidence allowed them to argue that Lt. Behenna executed Ali Mansur while seated when the forensic experts, including Dr. MacDonnell, agree that Ali was standing with his arms outstretched when shot
- Lt. Behenna is convicted of unpremeditated murder and assault by a military panel of seven officers, none of whom had combat experience.
- Dr. MacDonnell contacts prosecution requesting that the information provided in his demonstration be given to the defense.
- Prosecutors provide such information after a verdict was rendered, but prior to sentencing.
- At the request of the presiding judge, Dr. MacDonnell provides his information to the court via telephone
- The judge orders both sides in the case to file briefs relating to a possible mistrial
- After reading the briefs the judge set an additional hearing and ordered additional briefs, including one from the defense requesting a new trial.
- On March 20, the judge denied defense motions to declare a mistrial and to order a new trial
- Lt. Behenna’s attorneys are appealing the verdict
- Lt. Behenna is currently serving a 25-year sentence
1st Lieutenant Michael Behenna was an excellent officer. He received his call to serve his country while attending the University of Central Oklahoma. He is from a family of public servants, his mother being an Assistant United States Attorney and his father a retired Special Agent with the Oklahoma State Bureau of Investigation. He has served the Army and the United States with honor and dignity. To sacrifice the life of this Oklahoma soldier over the death of a known terrorist, is a breech of faith with all who are serving our country.
MSG John Hatley
U.S. Army Master Sergeant John E. Hatley was sentenced to life in prison for the alleged killing of four unidentified insurgents.
The four men these Soldiers were convicted of murdering were never identified by name, nor were their bodies found. There was also no ballistics or forensic evidence found to support the men were killed.
John became the First Sergeant of A, 1-18 Infantry, 2BCT in June 2004 and remained the First Sergeant until January 2008.
John led the company in 24 months during that time (OIF 2 from June 04-Feb 05, OIF 6-8 from Sept 06 – Nov 07).
During OIF 6-8, A, 1-18IN was responsible for an area previously patrolled by six companies. This area was made up of over 1 million Iraqi and was the second most violent sector of Baghdad at that time (pre-surge). It was the most violent area patrolled by 1-18IN. This sector (West Rasheed) experienced extreme sectarian violence.
Attacks on American Soldiers were among the highest the war had seen, as well as attacks on fellow Iraqi’s.
Several Iraqi’s being detained by US Soldiers were subsequently released, only to be detained again after engaging Soldiers again. The reasons these Iraqi’s were originally released are many and complicated.
http://www.stripes.com/article.asp?section=104&article=63623
The frustration levels, stress levels and exhaustion of our Soldiers, especially A, 1-18IN was high pre-surge. Many Soldiers patrolled the streets of West Rasheed daily, coming under attack by small arms fire or IEDs each day. Most Soldiers averaged 4-6 hours of sleep each night. First Sergeant Hatley averaged less.
John and two other soldiers (SGT Michael Leahy and SFC Joseph Mayo) were charged with murdering 4 Iraqi detainees on one of these missions at the end of March 2007. SGT Leahy and MSG John Hatley were found guilty of premeditated murder and conspiracy to commit murder, contrary to their pleas of Not Guilty to all charges. SFC Mayo pled, and was found, guilty of premeditated murder and conspiracy to commit murder.
The four men these Soldiers were convicted of murdering were never identified by name, nor were their bodies found. There was also no ballistics or forensic evidence found to support the men were killed.
http://www.stripes.com/article.asp?section=104&article=64197
SFC Joseph Mayo
April 30, 2009 SFC Joseph Mayo plead guilty to premeditated murder and conspiracy to commit premeditated murder. Due to a pre trial agreement he was sentenced to 35 years with the possibility of parole in 10 years and received a dishonorable discharge. In June 2009 Joe was granted clemency by the convening authority and his sentence was reduced to 20 years with the possibility of parole in 6 years and 8 months, with his discharge changed to a bad conduct discharge.
Although SFC Mayo pleaded guilty, the four men these soldiers were convicted of murdering were never identified by name, nor were their bodies found. The circumstances under which these killings took place were excruciating. The soldiers were overworked and sleep deprived and they were frustrated over the deaths of their fellow comrades. The men that were killed were thought to have been insurgents who had caches of weapons and scopes. The soldiers tried to have the Iraqi’s detained and were unsuccessful. SFC Mayo was only doing what he thought he had to do to prevent these insurgents from wounding or killing other American soldiers.
Joseph Mayo gave up a lot to serve his country. He proudly wore the Army uniform and led his soldiers in battle. He fought for our freedom and this country and put his life in harm’s way. He is not a criminal but a true American Hero.
Please browse through this website to learn more about SFC Mayo, his family, his trial and about what you can do to help.
SPC William Hunsaker
William B. Hunsaker and his family are from Warrensburg, Missouri. Hunsaker enlisted in the United States Army as an infantryman in 2001 and served in Korea as well as doing a tour in Iraq. During his time of service, Hunsaker attended Army Ranger school and earned the rank of specialist (E-4) as a parachutist in the elite 101st Airborne Division (Screaming Eagles) at Fort Campbell, KY. Hunsaker earned the medals (left) during his service in the Army defending our freedom.
Hunsaker began his tour in Iraq 7 Aug 2005. During a mission named “Iron Triangle,” SPC Hunsaker and three other soldiers (SSgt Girouard, Pfc Clagett, SPC Graber) were given an illegal order which resulted in the death of three al-Qaida detainees. Hunsaker was charged and convicted of two counts of premeditated murder and conspiracy to commit murder. He received an 18 year sentence as a result of a plea bargain and is now serving that sentence at Fort Leavenworth Disciplinary Barracks in Fort Leavenworth, KS.
The colonel who gave the rules of engagement, the order to “KILL ALL MILITARY AGE MALES,” was not charged because he exercised the fifth amendment right and did not testify against himself.
Prior to this incident, the first sergeant who asked, in reference to the detainees, “why are they still alive?” and gave the order to kill the male detainees, was under investigation for war crimes. Those charges have been dropped, and he is now with his family and serving in Germany.
1 nor shall [any person] be compelled in any criminal case to be a witness against himself
Sgt Evan Vela Carnahan
“The way to have good soldiers is to treat them rightly… A private soldier has as much right to justice as a major general.”
–Abraham Lincoln 1809-1865
Defend a Man, A Son, A Brother, A Husband, and A Father… DEFEND A SOLDIER
Sgt. Evan Vela Carnahan and his wife, Alyssa have two children, a son, Jarom, who is five years old, and a daughter, Blair, who just turned a two years on March 13th. In 2004, at the age of 21, Sgt. Vela Carnahan volunteered to join the Army and was planning on making the military his career.
Sgt. Vela Carnahan immediately showed his dedication and commitment to succeed in the Army by completing Airborne, Expert Infantry, and Ranger training. He was then assigned to the 1st Battalion, 501st Infantry Regiment, 4th Brigade (Airborne), 25th Infantry Division, which is based out of Fort Richardson, Alaska.
In Iraq, Sgt. Vela Carnahan served as a member of a sniper squad which operated behind enemy lines for over nine continuous months in one of Iraq’s most dangerous areas, a hostile Sunni Arab region south of Bagdad near Iskandariyah, known as the “Triangle of Death”. In the spring of 2007, Staff Sgt. Michael A. Hensley, an expert marksman became team leader of the sniper squad. By that time, the sniper squad was under tremendous pressure from field commanders who were disappointed with the kill rate and were seeking higher enemy body counts; the squad had taken heavy casualties with very few confirmed kills. Shortly after Staff Sgt. Hensley became team leader, the sniper squad began racking up kills.
The increase in kills, according to Staff Sgt. Michael Hensley’s testimony, was due in part to the reduction of the restrictive Rules of Engagement. The new standard given to him by commanding officers was that anyone deemed a threat was to be eliminated, regardless of whether they were armed or unarmed.
In addition, the kill rate also increased because of a classified new baiting technique that used fake explosives and detonation wires as “bait” to lure and kill suspected insurgents. In late January this “baiting program” was introduced to Staff Sgt. Hensley and a select few members of the 1st Battalion.
According to sworn statements from former platoon leader, Captain Matthew Didier, the U.S. Military’s Asymmetric Warfare Group visited the unit in January 2007 and asked about placing weapons at locations near Iskandariyah. In Didier’s statement, “A few days later the Battalion Operations officer came to us with items (fake detonation cord, C-4, wires, AK-47 rounds, AK-47 magazines) we could place in or around known cache areas or likely cache spots”. “If we happened to see the individuals take the items we would engage the enemy to destroy an enemy.” The Army has declined to confirm that the baiting program exists.
In May 2007, Staff Sgt. Hensley was leading a five-man sniper unit, which included Sgt. Evan Vela Carnahan, on a pair of back-to-back missions. The unit hiked under the cover of night carrying 150-lb. rucksacks and crossing several marshy canals with chest-high water to reach their destination by dawn. At their destination, they immediately broke into two or three man teams to conduct surveillance all day long in the 120 degree heat, while trying to conserve the three or four liters of water per man they had carried in. Some of the men, in order to just stay mobile and to fight off severe headaches began administering hydrating IV’s. By the end of the second day, in addition to suffering from exhaustion, the men were suffering from dehydration and the effects of acute sleep deprivation. The soldiers were not allowed to sleep more than fifteen minutes at a time, and by the fourth day, the day of the shooting, they had slept no more than 3-4 hours over the previous 78-hour period.
On Friday May 11th, 2007, still deep in hostile territory, the ailing squad consolidated and holed up to try to get a few hours of uninterrupted rest in their “hide”, which is an area where snipers can observe targets without being seen. The “hide” in this case was overlooking a village that was suspected of being controlled by Sunni insurgents. Each man took turns guarding the others for an hour, but despite his best efforts, Sgt. Vela Carnahan fell asleep during his one-hour turn. When Sgt. Vela Carnahan awoke, he found Al-Janabi, an Iraqi national, standing just a few feet from him. Sgt. Vela Carnahan immediately started trying to wake-up the rest of the men, informing them that their position had been compromised. When Staff Sgt. Hensley awoke and understood the seriousness of the situation, he immediately took charge and pinned Al-Janabi to the ground and searched him. Shortly thereafter, Al-Janabi’s 17-year old son followed his father into the “hide” area.
Al-Janabi and his son were held captive by Staff Sgt. Hensley and his men until Staff Sgt. Hensley spotted several Iraqi military-aged men in the distance. Al-Janabi started to become very loud and was thrashing about making a lot of noise and Staff Sgt. Hensley became concerned that Al-Janabi would alert the other Iraqi’s in the area. Staff Sgt. Hensley testified that Al-Janabi was making too much noise and he thought the only way to protect his men was to take Al-Janabi’s life. He released Al-Janabi’s son and ordered everyone except Sgt. Vela Carnahan to leave. Staff Sgt. Hensley then ordered Sgt. Vela Carnahan to load his 9-millimeter pistol and made four calls to command post to support a cover story. After completing the calls, Staff Sgt. Hensley ordered Sgt. Vela Carnahan to fire, and Sgt. Vela Carnahan being a sniper who was conditioned to pull the trigger on the order to shoot, reflexively complied.
After the shooting, Staff Sgt. Hensley pulled out an AK-47, a weapon favored by insurgents, and placed it near Al-Janabi’s body. At Sgt. Evan Vela Carnahan’s trial, Sgt. Hensley testified, “It wasn’t uncommon for us to have to plant stuff like that out there” and that they often carried incriminating items to plant on Iraqi’s as “insurance”, in case they needed to create a cover story for American investigators after a shooting. The “insurance” was needed, because even though their superiors were pressing the squad to increase their kill rate, they held out the threat of prosecution for “unjust shootings” based upon Rules of Engagement. These Rules of Engagement are frightening our soldiers into having to carry “insurance” because of their fear that they will be charged by their own Country with murder or war crimes for making decisions to defend themselves.
The Army CID investigation of the shooting of Al-Janabi was initiated in June 2007 after two specialists in the sniper unit were caught sleeping. Facing reprimands, the two men alerted Army officials to what they suspected was a baiting program. One of the soldier’s who came forward with the allegations later told the court that he believed the classified items were for dropping on people the unit had killed, “to enforce if we killed somebody that we knew was a bad guy but we didn’t have the evidence to show for it.”
In his testimony at Sgt. Evan Vela Carnahan’s trial, Staff Sgt. Hensley, endeavored to justify the killing, saying that Al-Janabi would not stop yelling, crying and “flopping around like a fish” despite repeated efforts to silence him. It was then that Hensley says he decided, for the safety of his men, that Al-Janabi had to die. “I thought that he was trying to alert insurgents,” Hensley said. “I felt like I had no choice or we would be further compromised.” He says he asked Sgt. Vela Carnahan, who had a pistol trained on the man, if he was ready, and then he told him to shoot. Sgt. Vela Carnahan pulled the trigger and the man died of that single bullet to the head. When asked why he didn’t shoot Al-Janabi himself, Hensley said, “Vela happened to be the one with the pistol. I would have gladly shot him myself.”
Staff Sgt. Michael Hensley was tried in Bagdad and acquitted of murder but convicted of planting evidence. He was sentenced to 135 days confinement, which was equal to time served, received a letter of reprimand, and was reduced in rank to Sergeant.
Specialist Jorge G. Sandoval, Jr. was acquitted of murder of Al -Janabi, but convicted of planting command wire to mislead investigators in a separate incident. He received a sentence of five months, which was equal to time served, a letter of reprimand, and was also reduced in rank.
Prior to the trial of Sgt. Evan Vela Carnahan, his family felt that the Sergeant had become a political sacrifice to U.S.-Iraqi relations. According to Sgt. Vela Carnahan’s father, Curtis Carnahan, who, along with Sgt. Vela Carnahan’s wife flew to Baghdad to attend the trial, “My son’s commanding generals want somebody to be guilty of something so they can appease their Iraqi counterparts. They have tried this killing two times already and have no murder convictions to show for it. I know my son did not do anything wrong and I am optimistic the jury will agree.”
Sgt. Evan Vela Carnahan’s trial was held in Bagdad shortly after Staff Sgt. Hensley’s trial. High-ranking members of the Iraqi government and Al-Janabi’s son attended the trial on a daily basis, and Curtis Carnahan believes that their presence influenced the panel in reaching the final verdict. Sgt. Vela Carnahan was convicted of murder without premeditation, aiding and abetting in the planting of evidence, and of lying to military investigators about the incident. He was sentenced to 10-years in Prison.
Sgt. First Class Steven Kipling, Sergeant Vela Carnahan’s former platoon commander, said the shooting of Al-Janabi was a result of Iraq’s violent environment and the often difficult and confusing choices that servicemen have to make on a daily basis. He said that if the actions of every combat serviceman in Iraq were subjected to the same scrutiny as Sergeant Vela’s, “we would have thousands” of cases.
Sgt. Evan Vela Carnahan volunteered for the Army during a time of war, and fought for our Country behind enemy lines under extreme conditions. Sgt. Vela Carnahan followed the direct orders of Staff Sgt. Hensley, who at the time he gave the order to shoot, felt it was the only option he had to protect his men. For his bravery, for volunteering to serve his Country during a time of war, and for following orders, we reward Sgt. Evan Vela Carnahan with 10-years in prison.
Sgt. Evan Vela Carnahan’s parents are proud Americans, with four children, two who serve our country in the Armed Forces; Evan in the Army and Cory who is a six year veteran in the Navy. They fly our Country’s flag with pride at their home and are a hard working, blue-collar family that has always believed that they could take care of their own problems, as well as those of their children. Yet in this instance, they have exhausted all of their resources. They have mortgaged their home, drained their savings accounts, and gotten as much help from family and friends as possible. They have given their children and their financial security to this war.
Sgt. Evan Vela Carnahan is not a murderer, he is a brave American Soldier who has served his Country and deserves to be pardoned so that he can go home and resume his life with his family.
In closing, I would like to think that this is an unfortunate and isolated case. However, that is apparently not the truth. There are now numerous men who have volunteered and served our country in Iraq and Afghanistan who are facing prison for following orders, and / or for making difficult decisions during a time of war. People who are not on the frontline of the war have the luxury of second-guessing, they are not in the heat of battle or behind enemy lines having to make life and death decisions. These soldiers represent the very best of America, they have volunteered to fight the war on terror for our Country, they have put their bodies and lives on the line for us. They deserve to be recognized as the heroes they are, and not be imprisoned by their own Country.
If you would like to sign up to pardon Evan Vela Carnahan, please email tashasiepert@msn.com
You can also send a pardon or clemency letter to the following address:
Curtis G. Carnahan
P.O. Box 167
Parker, ID 83438
Please add your comments below!
Thank you and God Bless.
Curtis G. Carnahan and Anna Vela
Pfc Corey Clagett
Latest News!!!
This is in response to an Article that was posted with the Post And Courier on June 21st
If Bo Petersen’s article had been written in 2006, a few of his numerous inaccuracies would be understandable, as all of the stories had not yet been told nor unfolded. However, as we approach the middle of 2009, much has transpired. Mr. Petersen based his article on the Findings of the Article 32 Hearing, made publicly available on August 31, 2006, New York Times and Los Angeles Times articles, published in 2006 and early 2007, and misinterpretations of third-party interviews.
As a dedicated journalist who has been painstakingly researching the story of Pfc. Corey R. Clagett since the summer of 2006 for my book, I have found that there is a lot of misinformation about the incident at Thar Thar. Briefly, I will correct some of the more glaring errors in Mr. Petersen’s article:
First of all, there is no evidence, physical or otherwise, that Pfc Clagett killed anyone. Yes, Col. Michael Steele ordered his men to kill all military age (enemy) men on sight but, in the two hearings that occurred prior to Pfc Clagett’s hearing, all bodies were accounted for by the actions of soldiers other than Pfc Clagett. The gun was not “vibrating” in Pfc Clagett’s hands, since it had actually soared out of them as his startled firing missed the fleeing insurgents.
Secondly, Pfc Clagett never had a trial; instead, he was given a hearing. His attorney threatened him into making a plea bargain prior to the hearing, telling him it was the only way he would ever have a chance at parole. This same attorney coerced him to “confess” to following Steele’s orders.
Thirdly, Pfc Clagett never received physical nor mental abuse from the men in his mother’s life. His stepfather John has had a long, affectionate father-son relationship with Corey for eleven years.
Fourthly, Pfc Clagett was separated from his wife while he was in the service, yet they did not divorce so that he could continue to provide her with insurance.
Finally, since the Clagett/Dianiska family has made me privy to thousands of pages of non-public documents and I have interviewed Pfc Clagett himself both in person and by phone and attended his hearing and met all of his attorneys — none of whom have ever spoken with Mr. Petersen — I can assure you that his research leaves much to be desired.
Sincerely,
Sheryl L. Guterman
SIGN THIS PETITION !!! Free Pfc Corey Clagett http://www.thepetitionsite.com/1/free-pfc-corey-clagett
Corey Clagett is now serving an 18-year sentence at Ft. Leavenworth prison and spending 23 hours each day in solitary confinement for twenty two months as of 01/2009. Corey Clagett was recruited, trained and taught to kill the enemy so that we may each enjoy our American way of life. Now it’s time for America to pay its debt of gratitude and allow Corey Clagett to return to his.Corey Clagett did not kill anyone !!!! Corey is now out of Solitary Confinement (the shoe). He now has four hours a day to watch TV, play cards, lift weights ect. He is out with only three other inmates at a time.This is better than being in solitary confinement. He is doing much better emotionally. He wants to take classes in engineering. We are looking for a collage that will correspond classes with Ft.Leavenworth. He would be eligible for general population around January of 2010.
This is my email if you would like to talk or show your support I would love to hear from you.
