Steven Dale Green
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The Mahmudiyah rape and killings were a series of
war crime A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostage ...
s committed by five
U.S. Army The United States Army (USA) is the primary land service branch of the United States Department of Defense. It is designated as the Army of the United States in the United States Constitution.Article II, section 2, clause 1 of the United Stat ...
soldiers during the U.S. occupation of Iraq, involving the
gang-rape In scholarly literature and criminology, gang rape, also called serial gang rape, party rape, group rape, or multiple perpetrator rape,Ullman, S. E. (2013). 11 Multiple perpetrator rape victimization. Handbook on the Study of Multiple Perpetrator ...
and
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
of 14-year-old Iraqi girl Abeer Qassim Hamza al-Janabi and the murder of her family on March 12, 2006. It occurred in the family's house to the southwest of
Yusufiyah Yusufiyah (; also transliterated as Yusafiyah, Youssifiyah or Yusifiyah, occasionally prefixed with Al-) is a regional township in the Baghdad Governorate of Iraq. Background Yusufiyah is named after Yūsuf (Joseph). It is about south of Baghd ...
, a village to the west of the city of
Mahmoudiyah, Iraq Mahmoudiyah () (also transliterated Al-Mahmudiyah, Al-Mahmoudi, or Al-Mahmudiya, prefixed usually with Al-) is a rural city south of Baghdad. Known as the "Gateway to Baghdad," the city's proximity to Baghdad made it central to the counterinsurg ...
. Other members of al-Janabi's family murdered by American soldiers include her 34-year-old mother Fakhriyah Taha Muhasen, 45-year-old father Qassim Hamza Raheem, and six-year-old sister Hadeel Qassim Hamza al-Janabi. The two remaining survivors of the family, al-Janabi's 9-year-old brother Ahmed and 11-year-old brother Mohammed, were at school during the massacre and orphaned by the event. Five U.S. Army soldiers of the
502nd Infantry Regiment The 502nd Infantry Regiment (502nd IR), previously titled the 502nd Parachute Infantry Regiment (502nd PIR), is an infantry regiment of the United States Army. The regiment was established shortly after U.S. entry into World War II, and was as ...
were charged with rape and murder:
Specialist A specialist is someone who is an expert in, or devoted to, some specific branch of study or research. Specialist may also refer to: Occupations * Specialist (rank), military rank ** Specialist (Singapore) * Specialist officer, military rank in ...
Paul E. Cortez (born December 1982), Specialist James P. Barker (born 1982), Private First Class Jesse V. Spielman (born 1985), Private First Class Bryan L. Howard, and Private First Class Steven Dale Green (May 2, 1985 – February 17, 2014). Green was discharged from the U.S. Army for
mental instability A mental disorder, also referred to as a mental illness, a mental health condition, or a psychiatric disability, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. A mental disorder is ...
before the crimes were known by his command, whereas Cortez, Barker, and Spielman were tried by a military court martial, convicted, and sentenced to decades in prison. Green was tried and convicted in a United States civilian court and sentenced to
life in prison Life imprisonment is any sentence of imprisonment under which the convicted individual is to remain incarcerated for the rest of their natural life (or until pardoned or commuted to a fixed term). Crimes that result in life imprisonment are co ...
. He died in 2014 from suicide. Howard was sentenced to 27 months in prison, demoted, and dishonorably discharged.


Background

Abeer Qassim Hamza al-Janabi ( ''‘Abīr Qāssim Ḥamza al-Janābī''; 19 August 1991 – 12 March 2006), lived with her mother and father (Fakhriya Taha Muhasen, 34, and Qassim Hamza Raheem, 45, respectively) and her three siblings: 6-year-old sister Hadeel, 9-year-old brother Ahmed, and 11-year-old brother Mohammed. Of modest means, Abeer's family lived in a rental one-bedroom house in the village of
Yusufiyah Yusufiyah (; also transliterated as Yusafiyah, Youssifiyah or Yusifiyah, occasionally prefixed with Al-) is a regional township in the Baghdad Governorate of Iraq. Background Yusufiyah is named after Yūsuf (Joseph). It is about south of Baghd ...
, which lies west of the larger township of
Al-Mahmudiyah Mahmoudiyah () (also transliterated Al-Mahmudiyah, Al-Mahmoudi, or Al-Mahmudiya, prefixed usually with Al-) is a rural city south of Baghdad. Known as the "Gateway to Baghdad," the city's proximity to Baghdad made it central to the counterinsurg ...
,
Iraq Iraq, officially the Republic of Iraq, is a country in West Asia. It is bordered by Saudi Arabia to Iraq–Saudi Arabia border, the south, Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq border, the east, the Persian Gulf and ...
. Reportedly, before the incident Abeer had endured repeated
sexual harassment Sexual harassment is a type of harassment based on the sex or gender of a victim. It can involve offensive sexist or sexual behavior, verbal or physical actions, up to bribery, coercion, and assault. Harassment may be explicit or implicit, wit ...
from U.S. soldiers. Abeer's home was situated approximately 200 meters (220 yards) from a six-man U.S. traffic checkpoint, southwest of the village. Soldiers were said to often watch Abeer doing her chores and tending the garden, as her home was visible from the checkpoint. A neighbor had warned Abeer's father about this behavior beforehand, but he replied that it was not a problem as she was just a young girl. Abeer's brother Mohammed (who along with his younger brother was at school at the time of the murders and thus survived) recalls that the soldiers often searched the house. On one such occasion, Private First Class Steven D. Green ran his index finger down Abeer's cheek, an action which had terrified her. Abeer's mother told her relatives before the murders that, whenever she caught the soldiers staring at Abeer, they would give her the thumbs-up sign, point to her daughter and say, "Very good, very good." Evidently this had concerned her and she made plans for Abeer to spend nights sleeping at her uncle's (Ahmad Qassim's) house. In an interview in February 2006, a month before the murders, Steven Green told ''
The Washington Post ''The Washington Post'', locally known as ''The'' ''Post'' and, informally, ''WaPo'' or ''WP'', is an American daily newspaper published in Washington, D.C., the national capital. It is the most widely circulated newspaper in the Washington m ...
''


Rape and murders

On March 12, 2006, soldiers at the checkpoint (from the
502nd Infantry Regiment The 502nd Infantry Regiment (502nd IR), previously titled the 502nd Parachute Infantry Regiment (502nd PIR), is an infantry regiment of the United States Army. The regiment was established shortly after U.S. entry into World War II, and was as ...
)—consisting of Green, Specialist Paul E. Cortez, Specialist James P. Barker, Private First Class Jesse V. Spielman, and Private First Class Bryan L. Howard—had been playing cards, illegally drinking alcohol (
whiskey Whisky or whiskey is a type of liquor made from Fermentation in food processing, fermented grain mashing, mash. Various grains (which may be Malting, malted) are used for different varieties, including barley, Maize, corn, rye, and wheat. Whisky ...
mixed with an energy drink), hitting golf balls, and discussing plans to rape Abeer and "kill some
Iraqis Iraqis ( ; ) are the citizens and nationals of the Republic of Iraq. The majority of Iraqis are Arabs, with Kurds accounting for the largest ethnic minority, followed by Turkmen. Other ethnic groups from the country include Yazidis, As ...
." Green was very persistent about "killing some Iraqis" and kept bringing up the idea. At some point, the group decided to go to Abeer's home, after they had seen her passing their checkpoint earlier. The four soldiers of the six-man unit responsible for the checkpoint—Barker, Cortez, Green, and Spielman—then left their posts for Abeer's home. Two men, Howard and Sergeant Anthony W. Yribe, remained at the post. Howard had not been involved in discussions to rape and murder the family, but reportedly heard the four men talking about it and saw them leave. Yribe had no involvement but was also accused of failing to report the attack. On the day of the massacre, Abeer's father Qassim was enjoying time with his family, while his sons were at school. In broad daylight, the four U.S. soldiers walked to the house, not wearing their uniforms, but wearing army-issue long underwear—reportedly to look like "
ninja A , or was a spy and infiltrator in pre-modern Japan. The functions of a ninja included siege and infiltration, ambush, reconnaissance, espionage, deception, and later bodyguarding.Kawakami, pp. 21–22 Antecedents may have existed as ear ...
s"—and separated 14-year-old Abeer and her family into two different rooms. Spielman was responsible for grabbing Abeer's 6-year-old sister, who was outside the house with her father, and bringing her inside the house. Green then broke Abeer's mother's arms (likely resulting from a struggle that began when she heard her daughter being raped in the other room) and murdered her parents and younger sister, while two other soldiers, Cortez and Barker, raped Abeer. Barker wrote that Cortez pushed Abeer to the floor, lifted her dress, and tore off her underwear while she struggled. According to Cortez, Abeer "kept squirming and trying to keep her legs closed and saying stuff in
Arabic Arabic (, , or , ) is a Central Semitic languages, Central Semitic language of the Afroasiatic languages, Afroasiatic language family spoken primarily in the Arab world. The International Organization for Standardization (ISO) assigns lang ...
", as he and Barker took turns holding her down and raping her. Cortez testified that Abeer heard the gunshots in the room in which her parents and little sister were being held, causing her to scream and cry even more. Green then emerged from the room saying, "I just killed them, all are dead." Green, who later said the crime was "awesome", then raped Abeer, afterwards shooting her in the head multiple times. After the massacre, Barker poured petrol on Abeer and the soldiers set fire to the lower part of the girl's body. Barker testified that the soldiers gave Spielman their bloodied clothes to burn and that he threw the
AK-47 The AK-47, officially known as the Avtomat Kalashnikova (; also known as the Kalashnikov or just AK), is an assault rifle that is chambered for the 7.62×39mm cartridge. Developed in the Soviet Union by Russian small-arms designer Mikhail Kala ...
used to murder the family into a canal. They left to "celebrate" their crimes with a meal of chicken wings. Meanwhile, the fire from Abeer's body eventually spread to the rest of the room. The smoke alerted neighbors, who were among the first to arrive on the scene. One recalled, "The poor girl, she was so beautiful. She lay there, one leg was stretched and the other bent and her dress was lifted up to her neck." They ran to tell Abu Firas Janabi, Abeer's uncle, that the farmhouse was on fire and that dead bodies could be seen inside the burning building. Janabi and his wife rushed to the farmhouse and doused some of the flames to get inside. Upon witnessing the scene inside, Janabi went to a checkpoint guarded by
Iraqi Army The Iraqi Ground Forces (Arabic: القوات البرية العراقية), also referred to as the Iraqi Army (Arabic: الجيش العراقي), is the ground force component of the Iraqi Armed Forces. It was formerly known as the Royal Iraq ...
soldiers to report the crime. Abeer's 9- and 11-year-old younger brothers, Ahmed and Mohammed, returned from school later that afternoon, first going to their uncle's home, and then to their still-burning home. The Iraqi soldiers immediately went to examine the scene and thereafter went to an American checkpoint to report the incident. This checkpoint was different from the one manned by the perpetrators. After approximately an hour, some soldiers from the checkpoint went to the farmhouse. These soldiers were accompanied by Cortez who vomited more than once and had to exit the crime scene.


Cover-up

Iraqi soldiers arrived on scene shortly after the incident. Green and his accomplices alleged that the massacre had been perpetrated by
Sunni Sunni Islam is the largest branch of Islam and the largest religious denomination in the world. It holds that Muhammad did not appoint any successor and that his closest companion Abu Bakr () rightfully succeeded him as the caliph of the Mu ...
insurgents. These Iraqi soldiers conveyed this information to Abeer's uncle, who viewed the bodies. U.S. investigators concluded that Iraqi insurgents had murdered the al-Janabi family. This incorrect report was reported to military leadership, who chose not to investigate the matter any further. The murders were not widely reported inside Iraq, since Iraq was dealing with widespread violence. Reportedly, several soldiers heard of or were told about the murders, but did not say anything. Anthony W. Yribe was among those who were aware; Green told him of what had happened that day, that he had killed them, and the following day gave Yribe more details. In May 2006, Green was honorably discharged after he was diagnosed with
antisocial personality disorder Antisocial personality disorder (ASPD) is a personality disorder defined by a chronic pattern of behavior that disregards the rights and well-being of others. People with ASPD often exhibit behavior that conflicts with social norms, leading to ...
.


Retaliation

On July 4, Jaysh al-Mujahidin claimed responsibility for downing a U.S. Army
AH-64 Apache The Hughes/McDonnell Douglas/Boeing AH-64 Apache ( ) is an American twin-turboshaft attack helicopter with a tailwheel-type landing gear and a tandem cockpit for a crew of two. Nose-mounted sensors help acquire targets and provide night vis ...
"in retaliation for the child, Abir, whom U.S. soldiers raped in Al-Mahmudiyah, south of Baghdad." On July 10, the Mujahideen Shura Council released a graphic video showing the bodies of PFCs Thomas L. Tucker and Kristian Menchaca half-burnt, with one of them having been beheaded. This video was accompanied by a statement saying that the group carried out the killings as "revenge for our sister who was dishonored by a soldier of the same brigade." ''
The Washington Post ''The Washington Post'', locally known as ''The'' ''Post'' and, informally, ''WaPo'' or ''WP'', is an American daily newspaper published in Washington, D.C., the national capital. It is the most widely circulated newspaper in the Washington m ...
'' reported that David Babineau and two others from the same unit were captured and killed by militants a month after the rape. The video from the Mujahideen Shura Council claimed that upon learning of the massacre, the group "kept their anger to themselves and didn't spread the news, but were determined to avenge their sister's honor". Locals may have been able to deduce the guilt of the U.S. soldiers from the nearby checkpoint, after the Americans and their Iraqi cohort unit provided the explanation, "Sunni extremists did this." A portion of locals served as auxiliary support for both for
Al-Qaeda in Iraq Al-Qaeda in Iraq (; AQI), was a Salafi jihadism, Salafi jihadist organization affiliated with al-Qaeda. It was founded on 17 October 2004, and was led by Abu Musab al-Zarqawi until its disbandment on 15 October 2006 after he was killed in a targ ...
and the
1920 Revolution Brigades The 1920 Revolution Brigades () was a Sunni militant and insurgent group in Iraq, formed by former members of the disbanded Saddam-era Iraqi military, following the 2003 American invasion of Iraq. The group had used improvised explosive devic ...
. Auxiliary support supplied material aid and performed a human intelligence support function. Relaying the accusation of the local MNC-I unit to the insurgents was a basic function of that support. The Sunni extremists were able to eliminate themselves as suspects and, having an already low opinion of the U.S. military, may have assumed the guilt of the 101st Airborne soldiers. A statement issued along with the video stated that, "God Almighty enabled them to capture two soldiers of the same brigade as this dirty crusader." Other militant groups also made various claims or statements announcing revenge campaigns after the killings were reported on July 4, when the U.S. investigation into the incident was announced. On July 12, the
Islamic Army in Iraq The Islamic Army in Iraq (, IAI) was an underground Islamist militant organization formed in Iraq following the 2003 invasion of Iraq by U.S.-led Coalition forces, and the subsequent collapse of the Ba'athist regime headed by Saddam Hussein. ...
claimed responsibility for a suicide
car bomb A car bomb, bus bomb, van bomb, lorry bomb, or truck bomb, also known as a vehicle-borne improvised explosive device (VBIED), is an improvised explosive device designed to be detonated in an automobile or other vehicles. Car bombs can be roug ...
near the entrance to the
Green Zone The Green Zone () is the most common name for the International Zone of Baghdad. It is a area in the Karkh, Karkh district of central Baghdad, Iraq. It is the chief government precinct and the seat of the Iraqi government. History Pre-200 ...
in Baghdad, in support of the "Abir operations" targeting the "evil den in the Green prison".


Exposure and legal proceedings

Shortly after the June 16 attack in which Tucker, Menchaca, and Babineau were captured, PFC Justin Watt who also served in the unit spoke with fellow soldier Sergeant Anthony Yribe. During their conversation, Yribe told Watt about what he had heard from Green about killing the al-Janabi family. Watt then approached Bryan Howard, who confirmed everything. Neither Yribe nor Howard were planning to talk to military leadership about the crime. Watt felt differently but feared retaliation from his fellow soldiers. After calling his father, Rick Wattan Army veteranWatt decided to come forward. Watt then talked to a
non-commissioned officer A non-commissioned officer (NCO) is an enlisted rank, enlisted leader, petty officer, or in some cases warrant officer, who does not hold a Commission (document), commission. Non-commissioned officers usually earn their position of authority b ...
in his platoon, Sergeant John Diem. Watt trusted Diem; he told him he knew a terrible crime had been committed and asked for his advice, fearing reprisals if he reported the crime. Diem told Watt to be cautious, but said he had a duty as an honorable soldier to report the crime to the proper authorities. The two men did not trust their chain of command to protect them if they reported a war crime. Around June 20, 2006, Watt reported the crime and informed Diem. Four days later, the battalion commander, Lieutenant Colonel Thomas Kunk, went to the checkpoints where Cortez, Barker, and Spielman were assigned. Kunk questioned them about the reported incident. All of them denied any knowledge or involvement. Kunk then went to Watt's patrol base. In interviews later on, Watt recalled the incident:
Kunk had confronted Watt while he was on sentry duty, and took him to a small, dark room in a run-down building. Several soldiers, including Yribe, watched as Kunk screamed at Watt that he should charge him with filing a false report, and accused him of trying to get out of the Army. Kunk asked Watt why he would want to ruin his fellow soldiers' careers, and told him he was just repeating false information. Watt explained why he reported the incident. However, Kunk silenced him and told him to return to his post, which Watt did.
Watt then watched Kunk load up his convoy and leave. According to interviews, this was the exact scenario that Watt had feared. He had just been publicly identified as the whistleblower, then abandoned. "I can't explain to you how I felt watching that convoy drive away", Watt recalled. "I thought I was a dead man." However, Diem, who was at another checkpoint down the road, saw the convoy leaving Watt's patrol base. Diem asked Kunk if he had taken Watt with him. Kunk replied that he had not. Diem said, "You have to go back and get him. If you leave him there, they'll kill him." Green, Barker, Cortez, Spielman, Howard, and Yribe were all arrested within days of this incident. Since Green had already been discharged from the military, the FBI assumed jurisdiction over him under the
Military Extraterritorial Jurisdiction Act The Military Extraterritorial Jurisdiction Act (, ) (MEJA) is a law intended to place military contractors under U.S. law. , it has been used to charge 12 people. Overview MEJA was a bill passed in 2000 that allowed persons who are "employed by ...
and the
U.S. Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the U.S. government that oversees the domestic enforcement of federal laws and the administration of justice. It is equi ...
charged him with the murders.Federal court to try ex-soldier on Iraq charges
(). July 6, 2006.
Green was arrested as a civilian and was tried and convicted by the
United States District Court for the Western District of Kentucky The United States District Court for the Western District of Kentucky (in case citations, W.D. Ky.) is the United States district court, federal district court for the western part of the state of Kentucky. Appeals from the Western District of K ...
in
Paducah, Kentucky Paducah ( ) is a List of cities in Kentucky, home rule-class city in the Upland South, and the county seat of McCracken County, Kentucky, United States. The most populous city in the Jackson Purchase region, it is located in the Southeastern Unit ...
.


Steven Dale Green

Green was arrested in
North Carolina North Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, South Carolina to the south, Georgia (U.S. stat ...
while traveling home from
Arlington, Virginia Arlington County, or simply Arlington, is a County (United States), county in the U.S. state of Virginia. The county is located in Northern Virginia on the southwestern bank of the Potomac River directly across from Washington, D.C., the nati ...
, where he had attended the funeral of a soldier. On June 30, 2006, the FBI arrested Green, who was held without
bond Bond or bonds may refer to: Common meanings * Bond (finance), a type of debt security * Bail bond, a commercial third-party guarantor of surety bonds in the United States * Fidelity bond, a type of insurance policy for employers * Chemical bond, t ...
and transferred to
Louisville, Kentucky Louisville is the List of cities in Kentucky, most populous city in the Commonwealth of Kentucky, sixth-most populous city in the Southeastern United States, Southeast, and the list of United States cities by population, 27th-most-populous city ...
. On July 3, federal prosecutors charged him with raping and murdering Abeer, and with murdering her parents and younger sister. On July 10, the U.S. Army charged four other active-duty soldiers with the same crime. Yribe was charged with failing to report the attack, but not with having participated in the massacre. On July 6, 2006, Green entered a plea of not guilty through his
public defender A public defender is a lawyer appointed to represent people who otherwise cannot reasonably afford to hire a lawyer to defend themselves in a trial. Several countries provide people with public defenders, including the UK, Belgium, Hungary and Si ...
s. U.S. Magistrate Judge James Moyer set an
arraignment Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the criminal charges against them. In response to arraignment, in some jurisdictions, the accused is expected to enter a plea; i ...
date of August 8 in Paducah, Kentucky. On July 11, his lawyers requested a
gag order A gag order (also known as a gagging order or suppression order) is an order, typically a legal order by a court or government, restricting information or comment from being made public or passed on to any unauthorized third party. The phrase may ...
. "This case has received prominent and often sensational coverage in virtually all print, electronic and internet news media in the world. ..Clearly, the publicity and public passions surrounding this case present the clear and imminent danger to the fair administration of justice", said the motion. Prosecutors had until July 25 to file their response to the request. On August 31, a federal judge rejected the gag order. U.S. District Judge Thomas Russell said there is "no reason to believe" that Green's
right to a fair trial A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, th ...
would be in jeopardy. Furthermore, he added, "It is beyond question that the charges against Mr. Green are serious ones, and that some of the acts alleged in the complaint are considered unacceptable in our society." Opening arguments in Green's trial were heard on April 27, 2009. The prosecution rested its case on May 4. On May 7, 2009, Green was found guilty by the federal court in Kentucky of rape and multiple counts of murder. While prosecutors sought the
death penalty Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...
in this case, jurors failed to agree unanimously and the death sentence could not be imposed. On September 4, Green was formally sentenced to life in prison with no possibility of
parole Parole, also known as provisional release, supervised release, or being on paper, is a form of early release of a prisoner, prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated ...
. That Green was spared the death penalty provoked outrage from the family's relatives, with Abeer's uncle describing the sentence as "a crime—almost worse than the soldier's crime". Green challenged his convictions, claiming that the
Military Extraterritorial Jurisdiction Act The Military Extraterritorial Jurisdiction Act (, ) (MEJA) is a law intended to place military contractors under U.S. law. , it has been used to charge 12 people. Overview MEJA was a bill passed in 2000 that allowed persons who are "employed by ...
is unconstitutional and that he should face a military trial. He lost his appeal in August 2011. Green was held in the
United States Penitentiary, Tucson The United States Penitentiary, Tucson (USP Tucson) is a high-security United States federal prison for male inmates in Arizona. It is part of the Tucson Federal Correctional Complex (FCC Tucson) and is operated by the Federal Bureau of Prisons, ...
,
Arizona Arizona is a U.S. state, state in the Southwestern United States, Southwestern region of the United States, sharing the Four Corners region of the western United States with Colorado, New Mexico, and Utah. It also borders Nevada to the nort ...
, and died from complications following an attempt at
suicide Suicide is the act of intentionally causing one's own death. Risk factors for suicide include mental disorders, physical disorders, and substance abuse. Some suicides are impulsive acts driven by stress (such as from financial or ac ...
by hanging two days earlier.


James P. Barker

On November 15, 2006, Barker pleaded guilty to rape and murder as part of a
plea agreement A plea bargain, also known as a plea agreement or plea deal, is a legal arrangement in criminal law where the defendant agrees to plead guilty or no contest to a charge in exchange for concessions from the prosecutor. These concessions can include ...
requiring him to give evidence against the other soldiers to avoid a possible death sentence. In a statement to the judge, Barker said "I hated Iraqis, your honor. They can smile at you, then shoot you in your face without even thinking about it." During his sentencing hearing, numerous fellow soldiers testified in favor of the argument that Barker could eventually be rehabilitated. They described Barker going weeks with minimal support and sleeping as he manned checkpoints. Captain William Fischbach, the lead prosecutor, said this was no excuse for Barker's actions and requested a life term without parole. "This burned-out corpse that used to be a 14-year-old girl never fired bullets or lobbed mortars", Fischbach said as he held pictures of the crime scene. "Society should not have to bear the risk of the accused among them ever again." Quivering as he spoke, Barker began weeping as he said "I want the people of Iraq to know that I did not go there to do the terrible things that I did. I do not ask anyone to forgive me today." He said the violence he had encountered in Iraq left him "angry and mean" toward Iraqis. Ultimately, Barker was sentenced to 90 years in prison with the possibility of
parole Parole, also known as provisional release, supervised release, or being on paper, is a form of early release of a prisoner, prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated ...
after serving 10 years. He was also dishonorably discharged, demoted to the rank of private, and ordered to forfeit all of his pay and allowances. Journalists reported that "he smoked a cigarette outside as a
bailiff A bailiff is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. There are different kinds, and their offices and scope of duties vary. Another official sometimes referred to as a '' ...
watched over him. He grinned but said nothing as reporters passed by." As of 2009, he was being held in the
United States Disciplinary Barracks The United States Disciplinary Barracks (USDB), colloquially known as Leavenworth, is a military correctional facility located on Fort Leavenworth, a United States Army post in Kansas. It is one of two major prisons built on Fort Leavenwort ...
at
Fort Leavenworth Fort Leavenworth () is a United States Army installation located in Leavenworth County, Kansas, in the city of Leavenworth, Kansas, Leavenworth. Built in 1827, it is the second oldest active United States Army post west of Washington, D.C., an ...
,
Kansas Kansas ( ) is a landlocked U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to the west. Kansas is named a ...
.


Paul E. Cortez

On January 22, 2007, Cortez pleaded guilty in a court martial to rape,
conspiracy A conspiracy, also known as a plot, ploy, or scheme, is a secret plan or agreement between people (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder, treason, or corruption, especially with a political motivat ...
to rape, and four counts of murder as part of a plea deal to avoid a possible death sentence. During his sentencing hearing, his lawyers argued that he was under war-related stress. Cortez was sentenced to 100 years in prison with the possibility of
parole Parole, also known as provisional release, supervised release, or being on paper, is a form of early release of a prisoner, prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated ...
after 10 years. He was also dishonorably discharged, demoted to the rank of private, and ordered to forfeit all of his pay and allowances. Tears rolled down his face as he apologized for his roles in the murders. "I still don't have an answer", Cortez told the judge. "I don't know why. I wish I hadn't. The lives of four innocent people were taken. I want to apologize for all of the pain and suffering I have caused the Al Janabi family."


Jesse V. Spielman

On August 3, 2007, Spielman, 23, was sentenced by a court martial to 110 years in prison with the possibility of parole after 10 years. He was also dishonorably discharged, demoted to the rank of private, and ordered to forfeit all of his pay and allowances. He was convicted of rape, conspiracy to commit rape, housebreaking with intent to rape, and four counts of
felony murder The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in so ...
. He initially pleaded guilty to conspiracy toward
obstruction of justice In United States jurisdictions, obstruction of justice refers to a number of offenses that involve unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of prosecutors, investiga ...
,
arson Arson is the act of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, watercr ...
, wrongfully touching a corpse, and drinking. After the verdict, Spielman's grandmother fainted, while his sister, Paige Gerlach, screamed "I hate the government. You people put him there and now, this happened." As of 2009, Spielman was being held in the United States Disciplinary Barracks at Fort Leavenworth, Kansas.


Bryan L. Howard

Howard was sentenced by a court martial under a plea agreement for conspiracy to obstruct justice and being an
accessory after the fact An accessory is a person who assists, but does not actually participate, in the commission of a crime. The distinction between an accessory and a principal is a question of fact and degree: *The principal is the one whose acts or omissions, acc ...
. The court found that his involvement included hearing the others discussing the crime and lying to protect them, but not commission of the actual rape or murders. Howard was sentenced to 27 months in prison, demoted in rank to private, and dishonorably discharged.


Anthony W. Yribe

Yribe was initially charged with obstructing the investigation, specifically,
dereliction of duty Dereliction of duty is a specific offense under United States Code Title 10, Section 892, Article 92 and applies to all branches of the US military. A service member who is derelict has willfully refused to perform their duties (or follow a given ...
and making a
false statement A false statement, also known as a falsehood, falsity, misstatement or untruth, is a statement that is false or does not align with reality. This concept spans various fields, including communication, law, linguistics, and philosophy. It is consi ...
. In exchange for his testimony against the other men, the government dropped the charges against Yribe and he was given an other than honorable discharge.


Others


Justin Watt

Watt, the
whistleblower Whistleblowing (also whistle-blowing or whistle blowing) is the activity of a person, often an employee, revealing information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe, unethical or ...
, received a medical discharge and as of 2009 was running a computer business. He says that he received death threats after coming forward; but in 2010, he was asked by the US Army Center for the Army Profession and Ethic (CAPE) at West Point, New York, to be interviewed and speak before Army Profession audiences about his decision to report the crimes in accordance with his moral obligation to uphold the Army Ethic.


Survivors

Muhammed and Ahmed Qassim Hamza al-Janabi, the surviving brothers of murder victim Abeer Qassim Hamza al-Janabi, were being raised by an uncle, according to testimony in the courts-martial of Cortez, Barker and Spielman.


In popular culture

* The 2007 war film '' Redacted'' is loosely based upon the events at Mahmudiyah. * The incident and the ensuing investigations were described in the book ''Black Hearts'' by
Jim Frederick James Durkin Frederick (November 22, 1971 – July 31, 2014) was an American author and journalist who was an editor for ''Time (magazine), Time'' magazine. Biography James Durkin Frederick was born in Lake Forest, Illinois, and graduated fr ...
, published in 2010. * The play ''9 Circles'' by Bill Cain follows Daniel Reeves, a character based on Steven D. Green, through the aftermath of Mahmudiyah and was performed in 2011 at the Bootleg Theatre in Los Angeles. * The incident was covered extensively in March 2018, in Case 78 of '' Casefile True Crime Podcast''. The podcast also released an interview with Watt on February 1, 2020.


See also

*
2004 Fallujah ambush The 2004 Fallujah ambush occurred on March 31, 2004, when Iraqi insurgents attacked a convoy containing four American contractors from the private military company Blackwater USA who were conducting a delivery for food caterers ESS. The am ...
*
Maywand District murders The Maywand District murders were the thrill killings of at least three Afghan civilians perpetrated by a group of U.S. Army soldiers from January to May 2010, during the War in Afghanistan. The soldiers, who referred to themselves as the "Kill ...
*
Haditha massacre The Haditha massacre was a series of killings on November 19, 2005, in which a group of United States Marines killed 25 unarmed Iraqi civilians. The killings occurred in the city of Haditha in Iraq's western province of Al Anbar. Among the dea ...
*
Hamdania incident The Hamdania incident refers to the alleged kidnapping and subsequent murder of an Iraqi man by United States Marines on April 26, 2006, in Al Hamdania, a small village west of Baghdad near Abu Ghraib. An investigation by the Naval Criminal Inve ...
* John E. Hatley *
Human rights in post-invasion Iraq Human rights in post-invasion Iraq have been a subject of concern and controversy since the 2003 U.S. invasion. Issues have been raised regarding the conduct of insurgents, U.S.-led coalition forces, and the Iraqi government. The United Stat ...
* Incident on Hill 192 *
Kandahar massacre The Kandahar massacre, also called the Panjwai massacre, was a mass murder that occurred in the early hours of 11 March 2012, when United States Army Staff Sergeant Robert Bales murdered 16 Afghan civilians and wounded six others in the Panjway ...
* Sexual assault in the U.S. military *
United States war crimes This article contains a chronological list of incidents in the military history of the United States in which war crimes occurred, including the summary execution of captured enemy combatants, the prisoner abuse, mistreatment of prisoners duri ...


References


External links

* Video:''
The Rape & Murder Scene in Mahmudiya
Short
BBC News BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broad ...
documentary from August 7, 2006 based on the stor
"Troops 'took turns' to rape Iraqi"
* Images:''

* Resources:''

* " ttps://www.nbcnews.com/id/wbna30906766 Killings shattered dreams of rural Iraqi family.
Associated Press The Associated Press (AP) is an American not-for-profit organization, not-for-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association, and produces news reports that are dist ...
at
NBC News NBC News is the news division of the American broadcast television network NBC. The division operates under NBCUniversal Media Group, a division of NBCUniversal, which is itself a subsidiary of Comcast. The news division's various operations r ...
. 2009.
"Rape: American soldiers 'took turns
''
The Age ''The Age'' is a daily newspaper in Melbourne, Australia, that has been published since 1854. Owned and published by Nine Entertainment, ''The Age'' primarily serves Victoria (Australia), Victoria, but copies also sell in Tasmania, the Austral ...
'', August 8, 2006
"Steven Green's Apology to Victims"
CNN Cable News Network (CNN) is a multinational news organization operating, most notably, a website and a TV channel headquartered in Atlanta. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable ne ...
, May 28, 2009
"I came over here because I wanted to kill people"
Andrew Tilghman, ''
The Washington Post ''The Washington Post'', locally known as ''The'' ''Post'' and, informally, ''WaPo'' or ''WP'', is an American daily newspaper published in Washington, D.C., the national capital. It is the most widely circulated newspaper in the Washington m ...
'', Sunday July 30, 2006
"Lessons from Yusufiyah: From Black Hearts to Moral Education"
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