Sunday, August 5, 2007

Jury weighs soldier's killings sentence

This is an undated photo released by the U.S. Army of Pfc. Jesse V. Spielman. A military jury began deliberating on Friday, Aug. 3, 2007, whether an Army soldier took part in the rape and murder of a 14-year-old Iraqi girl. Pfc. Jesse Spielman, 22, of Chambersburg, Pa., is charged with rape and murder in the March 12, 2006, slaying of the girl and the killings of her family. The attack took place in Mahmoudiya, a village about 20 miles south of Baghdad. (AP Photo/U.S. Army)

4 August 2007

By
RYAN LENZ
Video

FORT CAMPBELL, Ky. -A soldier convicted of rape and murder in the death of a 14-year-old Iraqi girl and the slayings of her family was sentenced Saturday to 110 years in prison.

The sentence was part of a plea agreement attorneys for Pfc. Jesse Spielman had made with prosecutors that limited the number of years he could serve in prison, regardless of the jury's recommendation.

Spielman was convicted late Friday of rape, conspiracy to commit rape, housebreaking with intent to rape and four counts of felony murder.

Military prosecutors did not say Spielman took part in the rape or murders but alleged that he went to the house knowing what the others intended to do and served as a lookout.

Spielman, 23, of Chambersburg, Pa., received the longest sentence of four soldiers who have been convicted. Three other soldiers pleaded guilty under agreements with prosecutors for their roles in the assault and were given sentences ranging from five to 100 years.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

FORT CAMPBELL, Ky. (AP) — A military jury heard arguments Saturday about whether a soldier who was to be sentenced to life in prison in the slayings of a 14-year-old Iraqi girl and her family should be eligible for parole.

Jurors deliberated much of Friday evening before convicting Pfc. Jesse Spielman, 22, of conspiracy to commit rape, rape, housebreaking with intent to commit rape and four counts of felony murder, despite testimony that cast doubt on his involvement.

Spielman, of Chambersburg, Pa., faces a mandatory life sentence, but the jury could allow him to become eligible for parole

He was charged in connection with the March 12, 2006, rape and slaying of Abeer Qassim al-Janabi and the killings of her family. The attack took place in Mahmoudiya, a village about 20 miles south of Baghdad.

Military prosecutors did not say Spielman took part in the rape or murders, but alleged he went to the house knowing what the others intended to do and served as a lookout.

Spielman had pleaded guilty on Monday to lesser charges of conspiracy to obstructing justice, arson, wrongfully touching a corpse and drinking.

Spielman's grandmother, Nancy Hess, collapsed outside the courtroom after the verdict was read and prosecutor Maj. William Fischbach ran to her side and called 911. Soldiers in Spielman's unit fanned the woman with napkins.

Spielman's sister, Paige Gerlach, screamed: "I hate the government. You people put him (in Iraq) and now, this happened."

Defense attorneys left the courthouse immediately following the verdict and could not immediately be reached for comment.

Prosecutors rested their case Thursday amid struggles to overcome a fellow soldier's recanting of a story that Spielman acted as a lookout during the attack last year.

Spc. James Barker, who has admitted his own role in the assault, said in earlier testimony that he had allowed investigators to draft sworn statements for him that implicated Spielman in the crime.

Barker testified Wednesday that several portions of the document were untrue, including references to Spielman's role in the conspiracy to attack the family and his knowledge of plans to rape the girl.

But another soldier convicted in the attack, Sgt. Paul E. Cortez, testified that Spielman stood guard as his fellow soldiers raped the girl. Cortez said Spielman was within a few feet of the others as they held down the screaming girl but did nothing to stop them.

Barker, Cortez and another soldier, Pfc. Bryan L. Howard, pleaded guilty for their roles in the slayings and received sentences of five to 100 years under plea agreements with prosecutors.

Steven D. Green, who was discharged from the Army before being charged, faces a possible death sentence when he is tried in federal court in Kentucky. He has pleaded not guilty to charges that include murder and sexual assault.

Barker and Cortez have given investigators conflicting statements about whether Spielman knew of the plan to rape the girl and was present when they discussed it over swigs from bottles of whiskey and gin mixed with energy drinks, according to testimony.

During their courts-martial, Barker and Cortez testified they took turns raping the girl while Green shot and killed her mother, father and younger sister. Green shot the girl in the head after raping her, they said.

The girl's body was set on fire with kerosene to destroy the evidence, according to previous testimony.

Fort Campbell is a sprawling military post on the Kentucky-Tennessee border.

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4 Comments:

Anonymous Anonymous said...

I am glad that an American Jury has sentenced this animal to what he deserves. The American people have a history of treating the "enemy" as subhuman, that is why the soldiers were able to do such horrendous acts to that innocent girl and her family. Americans need to get over themselves, and realize that they are not above everyone else. In many places America is the evil influence that corrupts the people, takes the resources, and attempts to establish a supposed democracy that in the end is a ploy to feed its own greed.

4:33 AM  
Anonymous Anonymous said...

The Sentence was absolutely appropriate! My question is, why does a man convicted of rape in another country get a stiffer sentence than the rapes committed in the US? That is the kind of sentence that all rapists should get whether murder is involved or not.

4:36 AM  
Anonymous Anonymous said...

They killed four people, raped a little girl, and all they get are prison sentences? Eye for an eye, life for a life. All four of these soldiers should have been tried and executed under the Uniform Code of Military Justice. I know if it was my family I'd want their heads. I know we're over in Iraq serving as a peacekeeping force, but my question is why weren't these soldiers tried in an Iraqi court? If a foreign soldier committed these crimes in our country, you know we'd want them to be tried in our country under our laws. The Iraqi court system is obviously still intact, since they tried Saddam Hussein. The answer is that people know exactly what would happen if they were tried overseas. They would have been executed for the crimes they committed, as they should be. Too many times these bleeding heart liberals obstruct the justice they say they're trying to help. When did our country loose its sight on what justice really is and become so entangled in plea bargains. What a croc. We know you did the crime, but if you give us some info we want, we'll let you off a little easier. What kind of crap is that? This is why murderers and rapists get out of prison and go and do the exact same thing to someone else. It's all fine and good for these people to say we shouldn't execute our murderers, until it's one of their family members that's been brutalized and killed. Then we'll see just how tight they hold to their convictions, and see if they're singing a different tune. In a perfect world a prison would be able to actually change a person's behavior so they're an asset to the world upon their release. This is far from a perfect world, though, and sometimes you just have to face reality as it is, not as what we wish it could be. Most people will just go to prison and become even more embittered and violent while inside, so they're even worse when they're released. Use your heads people. Yes, violence begets violence, but sometimes you have to use some common sense and actually take responsibility for your country. Too often we put the blame on other people or other things, when in the end, the only person who is really responsible for a person doing something is themselves. The sister saying she hates the government for putting him in Iraq and now doing this? Cry me a river. We have thousands of troops overseas, and you don't see the rest of them acting the bunch of jackasses and going around raping and killing whenever they wish. These men made a conscious decision to do what they did, and now they have to face the responsibility for it. It's that simple. Think for yourselves for once people, and not get on the band wagon and spout out what some bleeding heart is preaching. Get off your asses. Do the research. Get the info. Then make an educated and responsible decision.

4:42 AM  
Blogger HRM Deborah of Israel and the Messenger of Peace said...

As for the rape occurring in a foreign country, this is just my opinion, that what you are seeing was high profile cases and the fact that it did occur while these military personal was considered on active duty. So they are usual arrested and tried in the U. S. military court from my understanding.

As to them being executed for their crime’s instead of long life sentence‘s, I agree that their punishment for these types of crimes should be death for the simple fact they committed premeditated rape and murder.

5:10 AM  

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