Sunday, May 10, 2009

Editorial: Justice for Abeer?

Abeer Qassim Hamza al-Janabi was gang-raped March 12, 2006 in Iraq by US soldiers James Barker and Paul Cortez while her parents and five-year-old sister were murdered in the next room by US soldier Steven D. Green.

Steven D. Green
After murdering the three, Green returned to the living room, joined the gang-rape and then murdered Abeer. In an effort to hide the War Crimes, an attempt was made to set Abeer's body on fire. Evan Bright reported one recent court witness explaining, "He then watched Barker pour a liquid onto her body. While her body was burning, he added clothes and blankets to fuel the flames, 'to destroy evidence,' he said. He continued, describing Cortez & Barker washing their chests and genitalia back at TCP2, and how he himself threw the AK47 into the canal. When asked why he didn't turn his squad members in, he 'didn't feel right, telling on people [he] served with'."



Prior to last week, these were the outcomes: James Barker entered a guilty plea and was sentenced to 90 years, Paul Cortez also copped a guilty plea and was sentenced to 100 years, Jesse V. Spielman was convicted (no plea) and sentenced to 110 years and Bryan Howard had a plea agreement which resulted in 27 months of imprisonment.



All had fingered Steven D. Green as the ringleader, as the murderer and as one of the rapist.



Two weeks ago, Green went on trial in a civilian court, a federal court, in Kentucky. On Monday, the prosecution rested. Brett Barrouquere (AP) reported Blake Huggins and Noah Galloway were witnesses for the prosecution today and both testified that Green told them he had committed the War Crimes shortly before his federal arrest June 30, 2006. Barrouquere quotes Huggins stating, "He had mentioned to me that he and a group of guys walked into a house, killed a family and raped a young girl. He just kind of mentioned it to me."



Tuesday, the defense rested. Wednesday came closing statements. Evan Bright reported, "Scott Wendelsdorf just completed the Defense closing statement. 'Madness? Madness. Madness is the only way any of this could have happend'." Brett Barrouquer (AP) quoted US prosecutor Marisa Ford stating, "This was a planned, premeditated crime which was carried out in cold blood." Evan Bright reported of Ford's closing:



She reminded the jury of Barker and Cortez raping Abeer while "Green, behind closed doors, blew Qassim Hamza's brains out with his Army supplied shotgun." According to Ford, he then took the AK47, "which was provided to the family for protection against insurgents," and used it on the mother, Fahkriyah, and their six year old daughter, Hadeel." She went on to describe Green's sexual assault and execution style murder of Abeer, before he "burned her, beyond all recognition." At this, Green(in a blue Polo) looked down but was still listening intently. She talked about Green having had the AK47 disposed of, and his not-so-impaired judgement. "This was a crime…not committed in the chaos of battle, not committed while on an Army assigned mission, but a crime planned, and acted out in cold blood." Marisa cattle prodded the Defense team, referring to Pat Bouldin's "dumbing things down" for the jury in his opening statement. "To 'dumb things down' for you is an insult to your intelligence," Ford told the jury, "you don't need things dumbed down to know that what Stephen Green did was wrong."



The jury deliberated for a few hours on Wednesday and then again on Thursday. And first out of the gate with the jury's decision was Evan Bright: "Steven Dale Green found guilty of and convicted on -- ALL -- sixteen (16) counts; including eight (8) which could bring a death sentence." He reported that on Twitter and the 18-year-old high school student then wrote a incisive report on how it was inside the court room as the verdict was read:



As the jury entered the court room, Green(red sweater vest) let out a large sigh, not of relief, but seemingly of anxiety, knowing the weight of the words to come. As Judge Thomas Russell stated "The court will now publish the verdict," Green interlaced his fingers and clasped them over his chin. Russell read the verdict flatly and absolutely. Green went from looking down at each "guilty" to eyeing the jury. His shoulders dropped as he was convicted of count #11, aggravated sexual abuse, realizing what this means. A paralegal at the defense table consoled Green by patting him on his back, even herself breaking down crying at the end of the verdicts. After Russell finished reading the verdicts, he begged questions of the respective attorneys. Wendelsdorf, intending to ensure the absolution of the verdict, requested the jury be polled. Honorable Judge Russell asked each juror if they agreed with these verdicts, receiving a simple-but-sufficient yes from all jurors. Green watched the jury flatly.



Monday Green is sentenced and we return to a question "Justice for Abeer?"



It's hard to say. We're thrilled with the verdict and congratulate the prosecution on a job well done; however, two things.



There is still the sentencing and the defense is said to be planning to pull out all stops. Second, these were War Crimes. These were international in scope. We honestly expected the world to be watching but for that to happen the media would have to cover the trial and they pretty much all took a pass.



It was disgusting and maybe they're saving their strength? Intending to come rushing out of the gate on Monday after the sentencing?



If not, we're left with a question similar to the one about a tree in a forest: If justice takes place while no one's watching, did it really happen?