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okie52
7/19/2012, 09:34 AM
Michael played football with my kids growing up. His parents had a large presence in the Timothy McVeigh case. It is hard to believe the Army is going to keep him locked up for 15 years.


Free 1st Lt. Michael Behenna Edmond's hometown hero

Ray Hibbard
“All we want is for our sons to come home. They have paid a price. They have suffered enough. It is time to come home.”
Vicki Behenna, mother of
1st Lt. Michael Behenna
Earlier this month, Edmond native, Edmond North Husky, University of Central Oklahoma graduate and Army Ranger 1st Lt. Michael Behenna’s conviction for the unpremeditated murder of a detainee and al-Qaeda operative in Iraq was upheld with a 3-2 majority by the highest military appeals court. With full understanding that this is devastating for Michael and his family, it is a disgrace for this country and a complete travesty of justice for one of Edmond’s own.
In case you are not familiar with the story, here is a summary as reported at the Defend Michael website,
On March 20, 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 Army intelligence believed he 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.
The original 25 year sentence was reduced five years by the commanding General of 101st Airborne and the Army Clemency Board reduced it another five years. Without parole or a new trial Lt. Behenna will get out of prison for the shooting of an al-Qaeda terrorist in self defense when he is 40 years old.
Here is a portion of what the dissenting judges from the military appeals court had to say,
A death occurred in the theater of operations. A soldier has been convicted of murder. Was it murder or self-defense? By law, the responsibility for making that factual determination rested with the court-martial panel, not with this Court. The ambiguous, confusing, and incorrect instructions from the military judge deprived Appellant of the right to have a panel of officers make that decision. The military judge compounded that error by failing to take corrective action with respect to the Government’s failure to provide timely disclosure of exculpatory evidence. This Court should reverse the decision of the Court of Criminal Appeals and authorize a rehearing.
Here is a portion of what the majority opinion had to say,
Ultimately, even if we assume that Mansur lunged for Appellant’s pistol and Appellant feared that Mansur would use the pistol if he was able to seize it, because Appellant was the initial aggressor, and because there was no evidence to support a finding of escalation or withdrawal, a rational member could have come to no other conclusion than that Appellant lost the right to act in self-defense and did not regain it.
There is not enough newsprint at our printing plant for me to have enough space to describe how wrong this conviction and subsequent denial of the appeal is folks. I will try to summarize.
The reason for the appeal in the first place and asking for a mistrial or retrial is based on important evidence that could have easily made the difference in the trial being withheld by the prosecution. The stink of it is that forensic analyst Herbert MacDonell hired by the prosecution was not allowed to testify at the trial after it was discovered that his analysis of the wounds corroborated Lt. Behenna’s account of the shooting as being self-defense. Dr. MacDonnell had told the prosecution that Behenna’s story was consistent with the forensic evidence and that they needed to alert the defense of that fact. The notification was not made in a timely manner hence paving the way for mistrial, you would think.
There were two others who testified. One was an Iraqi native interpreter nicknamed “Harry.” You can imagine what would have happened to Harry’s family at the hands of al-Qaeda if he had not testified against Lt. Behenna. The other was a staff sergeant who struck a plea bargain with prosecution where he agreed to plead guilty to assault, maltreatment of a subordinate and making a false statement in exchange for not being charged with premeditated murder and for his future testimony against Lt. Behenna. In other words he was given a choice of rolling over on his 1st Lt. or facing the same charge. Both of them were under duress and had their testimony forced from the way I see it.
In addition, the one totally independent expert who could have confirmed Lt. Behenna’s account of the incident was not allowed to testify by the prosecution. Here is a portion of the email that Dr. MacDonell sent to the prosecution the day after he was sent home.
“On Thursday afternoon when I heard Lt. Michael Behenna testify as to the circumstances of how the two shots were fired I could not believe how close it was to the scenario I had described to you on Wednesday. I am sure that had I testified I would have wanted to give my reenactment so the jury could have had the option of considering how well the defendant’s story fit the physical facts.
This of course, would not have been helpful to the prosecution case. However, I feel that it is quite important as possible exculpatory evidence so I hope that, in the interest of justice, you informed Mr. Zimmerman (defense council) of my findings.”
Stacked deck? I think so. Research the facts for yourself and decide. I want to move on to the bigger picture because obviously, at the least, Lt. Behenna is entitled to a new trial where expert forensic evidence and testimony can be put before a jury of his peers. On that subject, the jury consisted of seven officers none of which had any combat experience. Is that a jury of your peers? I don’t think so folks.
Why is our country prosecuting combat soldiers in a combat situation for murder, period? Is that not what we are asking our boots on the ground to do? We order them to identify, isolate, pursue and eliminate the enemy. What part of that did Lt. Behenna not do? That is incredibly cruel but so is war. If we do not intend to wage war, we need to get out. It is wrong, unfair and devastating to our fighting men, women and their families. It is shameful.
I am guessing that under the majority opinion in the appeal, Lt. Behenna should have just waited until the al-Qaeda operative took his gun and shot him. To say he does not have the right to defend himself in a combat zone is just stupid. This is not a trout stream that is catch and release. It is war and any soldier in the field of operations should have the right to defend themselves at any time.
This is not a young man from another part of the state or another part of this country. His parents Scott and Vicki Behenna are our neighbors, not strangers. Even though the entire country should be outraged that this fine young man, hero, is locked up in maximum security solitary confinement at Fort Leavenworth for a 15 year sentence, we in Edmond should be even more outraged.
What really bugs me is that our second oldest son is a junior at UCO, in ROTC, wants to be an Army Ranger and just as strong and dedicated as Lt. Behenna was at his age.
This could happen to our son, your daughter, grandson or granddaughter. I encourage you to do a little research, come to your own conclusions and then call your congressional representative to let them know how you feel and ask them to get involved.
A good place to start and to donate to the legal fund is www.defendmichael.com. The link is also on our web site www.edmondlifeandleisure.com
This column is just a starting point in an attempt to do our part in the effort to bring Michael home. Stay tuned for more in future issues.

OULenexaman
7/19/2012, 09:52 AM
Just call Obama....he will fix this right up for ya.

olevetonahill
7/19/2012, 10:31 AM
Just call Obama....he will fix this right up for ya.

If Obammy had a son he would look just like Ali Mansur

okie52
7/19/2012, 10:32 AM
Regrettably Michael has no hope with Obama but he might have a shot with Romney...particularly if our congressional delegation is behind it.

okie52
7/19/2012, 10:32 AM
If Obammy had a son he would look just like Ali Mansur

LOL

olevetonahill
7/19/2012, 10:33 AM
Regrettably Michael has no hope with Obama but he might have a shot with Romney...particularly if our congressional delegation is behind it.

What can WE as private citizens do?

soonercruiser
7/22/2012, 02:36 PM
Those who haven't been there don't understand."WAR IS HE11" !

When your life is on the line, and someone moves....you shoot first and ask questions later.
(It's a wonder Obama didn't turn Behenna over to Iraq to put on trial.)

diverdog
7/22/2012, 04:36 PM
Just call Obama....he will fix this right up for ya.

Explain to me how this is Obama's fault?

olevetonahill
7/22/2012, 04:45 PM
Explain to me how this is Obama's fault?

Ya need to take Obamas member out yer mouth Bro
he were making a Joke , Plus never said it was Obammys fault :topsy_turvy:

okie52
7/22/2012, 05:01 PM
What can WE as private citizens do?

There is a website shown in the article for Michael. I assume our best hope is writing/calling our congressmen...beyond that Vet i really don't know.

olevetonahill
7/22/2012, 05:02 PM
There is a website shown in the article for Michael. I assume our best hope is writing/calling our congressmen...beyond that Vet i really don't know.

Well give us a Link ya dodo

okie52
7/22/2012, 05:12 PM
Well give us a Link ya dodo

iPad challenged today but I will tomorrow.

olevetonahill
7/22/2012, 05:27 PM
iPad challenged today but I will tomorrow.

:biggrin:

marfacowboy
7/22/2012, 05:44 PM
Those who haven't been there don't understand."WAR IS HE11" !

When your life is on the line, and someone moves....you shoot first and ask questions later.
(It's a wonder Obama didn't turn Behenna over to Iraq to put on trial.)

Yeah, that's what they said at My Lai.

olevetonahill
7/22/2012, 05:58 PM
Yeah, that's what they said at My Lai.

Another idiotic response from some one who dont their *** from a hole in the ground .

Curly Bill
7/22/2012, 06:23 PM
Another idiotic response from some one who dont their *** from a hole in the ground .

Marfa is a liberal shill going through the talking points. Plus you must also remember when you become a lib they not only remove your nuts, but your brain as well.

SouthCarolinaSooner
7/22/2012, 07:44 PM
"Lieutenant Behenna started talking with Ali Mansur and Sergeant Warner followed them. Behenna and Warner started taking off Ali Mansur's clothes with their knives. They then cut his handcuffs." Behenna ordered the detainee to sit, the interpreter said, adding that Behenna seemed to be keen to get information from the detainee regarding the IED attack on U.S. troops in April. Behenna asked the detainee several times: "What do you know you have to tell me." "Ali Mansur said I will talk to you but Lieutenant Behenna pulled trigger and killed him," the interpreter said, speaking in English. "Before we started the patrol, Lieutenant Behenna told Ali Mansur 'I will kill you'. I thought Lieutenant Behenna was trying to scare him. I did not think he would go through (with it)," the interpreter added. "I was standing 10 metres (yards) back during the shooting -- I could see everything even if it was getting dark -- and Sergeant Warner was next to me." Warner then "took the grenade from his pocket, pulled the safety ring, walked around and put the grenade under Ali Mansur's head. "Then they hid his clothes, and Behenna and Warner went back." Two U.S. soldiers from the same battalion as the accused also testified against Warner. Corporal Cody Atkinson said that Behenna and Warner, armed with a grenade, took Mohammed out of the vehicle and under the bridge.
After the murder, Behenna ordered the platoon back to the base and the next day local villagers found Mansur's naked, burned body in the culvert. On July 31 of 2008 Behenna was relieved of his command and charged with the premeditated murder of Ali Mansur Mohamed. In November of that year Behenna was returned to Fort Campbell and assigned to security duties pending his court martial.

Seems like this Warner guy is a real scumbag, but he copped a plea bargain and threw Behanna under the bus. Neither of them look real squeaky clean on this one. Calling either of them heroes is a disgrace to the real heroes who have served in the armed forces.

diverdog
7/22/2012, 07:52 PM
Ya need to take Obamas member out yer mouth Bro
he were making a Joke , Plus never said it was Obammys fault :topsy_turvy:

Vet, I just asked a question and I don't think it was a joke?

Midtowner
7/22/2012, 07:58 PM
Regrettably Michael has no hope with Obama but he might have a shot with Romney...particularly if our congressional delegation is behind it.

LOL. I've been following this case since the beginning. Behenna played soccer with my younger brother. I won't lie, the kid was an *******, but legally, this case should have been retried or simply thrown out. If the evidence which was withheld from the jury is that the ballistics expert actually agreed with the defense's version of events, that's pretty major. If Batson applies the same in UCMJ cases (and I'm not sure about that), then Batson is pretty meaningless according to these appellate courts.

The family has repeatedly requested a pardon from Bush, it didn't happen. Same thing happened under Obama. Same thing would happen with Romney. This is political. This is about showing Iraqis that we will punish our soldiers when they get out of line. What this isn't about is justice or truth.

marfacowboy
7/22/2012, 08:13 PM
Another idiotic response from some one who dont their *** from a hole in the ground .

I'm sure you'd support damn near anyone that fit your warped world view, even if they were a genocidal monster.

SouthCarolinaSooner
7/22/2012, 09:22 PM
The family has repeatedly requested a pardon from Bush, it didn't happen. Same thing happened under Obama. Same thing would happen with Romney. This is political. This is about showing Iraqis that we will punish our soldiers when they get out of line. What this isn't about is justice or truth.
Sadly, this is the most plausible thing I've read

okie52
7/22/2012, 10:45 PM
Seems like this Warner guy is a real scumbag, but he copped a plea bargain and threw Behanna under the bus. Neither of them look real squeaky clean on this one. Calling either of them heroes is a disgrace to the real heroes who have served in the armed forces.

The guy was an Army Ranger in Iraq and saw plenty of action. The fact that he offed a scumbag doesn't change that in my eyes...I would be more upset that he may have disobeyed orders than for killing an Al Queda POS.

okie52
7/22/2012, 11:05 PM
LOL. I've been following this case since the beginning. Behenna played soccer with my younger brother. I won't lie, the kid was an *******, but legally, this case should have been retried or simply thrown out. If the evidence which was withheld from the jury is that the ballistics expert actually agreed with the defense's version of events, that's pretty major. If Batson applies the same in UCMJ cases (and I'm not sure about that), then Batson is pretty meaningless according to these appellate courts.

The family has repeatedly requested a pardon from Bush, it didn't happen. Same thing happened under Obama. Same thing would happen with Romney. This is political. This is about showing Iraqis that we will punish our soldiers when they get out of line. What this isn't about is justice or truth.

Behenna hadn't been convicted of anything while W was in office...in fact his trial didn't even begin until february of 2009...a month after W was out of office.

It is a shame if he is a political football...particularly since we theoretically have no active combat troops remaining in Iraq.

As to Behenna being an azzhole all I can say is my kids got along with him fine.

olevetonahill
7/23/2012, 12:25 AM
I'm sure you'd support damn near anyone that fit your warped world view, even if they were a genocidal monster.

Yer cute sweet cheeks

okie52
7/23/2012, 12:36 AM
Yer cute sweet cheeks

LOL...well you are kinda warped.

olevetonahill
7/23/2012, 12:38 AM
LOL...well you are kinda warped.

Like a Pretzel all twisted and salty

Midtowner
7/23/2012, 01:35 AM
Behenna hadn't been convicted of anything while W was in office...in fact his trial didn't even begin until february of 2009...a month after W was out of office.

It is a shame if he is a political football...particularly since we theoretically have no active combat troops remaining in Iraq.

As to Behenna being an azzhole all I can say is my kids got along with him fine.

The prosecution started under Bush and was always very high profile. It should have been dismissed very early on after this expert came back with his report which was swept under the rug. This is just a travesty. Behenna has some serious demons, but he doesn't deserve this. Neither does his mother.

But thinking that Romney, who has never done a single controversial thing in his life would grant a pardon in this case is just silly. Lt. Behenna is serving his country as a political sacrifice and it's sick.

okie52
7/23/2012, 06:51 AM
The prosecution started under Bush and was always very high profile. It should have been dismissed very early on after this expert came back with his report which was swept under the rug. This is just a travesty. Behenna has some serious demons, but he doesn't deserve this. Neither does his mother.

But thinking that Romney, who has never done a single controversial thing in his life would grant a pardon in this case is just silly. Lt. Behenna is serving his country as a political sacrifice and it's sick.

I'm for sure saying Behenna has a better chance with Romney because with Obama he has no shot at all ( as evidenced by the last 3 1/2 years.) Plus our congressional delegation, if so moved, will hold much greater sway with Romney than Obama.

olevetonahill
7/23/2012, 07:24 AM
Yeah, that's what they said at My Lai.
Ya know the more i thot of this the madder I got.
Prolly what you wanted huh Butt muncher.

Its people like you who **** me the **** off. Send our young people off to a ****in war then call em names cause they change because of it .

This statement was and is Nothing more than an attempt by You to Flame . Well grats dude ya succeeded
You brot up My Lai . Yea that was a bad deal, But you know none of the circumstances surrounding that action nor the Intel that went in to it So **** off .

Did you know that in that same time frame in Hue that that the VC massacred over 3000 South Viets?
Thot not
That was a very nasty war and ya had to get Nasty to ****in survive

As Far as Behenna goes? You prolly dont know **** either

Lets have you witness 2 of your employess get killed and several more blown to **** and see how YOU react

Lt. Behenna sounds like the Kind of LT. I'd have been Proud to serve under .

olevetonahill
7/23/2012, 07:28 AM
Okie after a nite back in Saigon I said to hell with it and got up did a lil searching and found this
My Donation is on the way

http://www.defendmichael.com/?p=535


http://www.youtube.com/watch?v=IMbytddDjWI

okie52
7/23/2012, 10:25 AM
Okie after a nite back in Saigon I said to hell with it and got up did a lil searching and found this
My Donation is on the way

http://www.defendmichael.com/?p=535


http://www.youtube.com/watch?v=IMbytddDjWI

You found the site. Thanks Vet. I'm sending them some dinero too.

I feel kinda bad that I haven't done more in these last 4 years. My son was in the Army and in Iraq, too, (and thankfully out now) and I can't imagine what Behenna's parents have been going through these last 4 years. What a nightmare.

marfacowboy
7/23/2012, 10:33 AM
Ya know the more i thot of this the madder I got.
Prolly what you wanted huh Butt muncher.

Its people like you who **** me the **** off. Send our young people off to a ****in war then call em names cause they change because of it .

This statement was and is Nothing more than an attempt by You to Flame . Well grats dude ya succeeded
You brot up My Lai . Yea that was a bad deal, But you know none of the circumstances surrounding that action nor the Intel that went in to it So **** off .

Did you know that in that same time frame in Hue that that the VC massacred over 3000 South Viets?
Thot not
That was a very nasty war and ya had to get Nasty to ****in survive

As Far as Behenna goes? You prolly dont know **** either

Lets have you witness 2 of your employess get killed and several more blown to **** and see how YOU react

Lt. Behenna sounds like the Kind of LT. I'd have been Proud to serve under .

We have a proud military tradition and many men of honor in our armed services. These people do not meet the standard, and I trust our military to make the right decisions, based on facts and honor.
Get pissed off all you want, but I support our military high command and their system for handling such issues. They know a hell of a lot more about it than you do.
I don't really get angry with you, because I know you can't do anything about your biggest problem, which is genetic. You're just not very smart.

okie52
7/23/2012, 10:35 AM
We have a proud military tradition and many men of honor in our armed services. These people do not meet the standard, and I trust our military to make the right decisions, based on facts and honor.
Get pissed off all you want, but I support our military high command and their system for handling such issues. They know a hell of a lot more about it than you do.
I don't really get angry with you, because I know you can't do anything about your biggest problem, which is genetic. You're just not very smart.

Not one of the officers on the military panel had any combat experience. What a great balance and insight that must have provided.

olevetonahill
7/23/2012, 10:46 AM
Not one of the officers on the military panel had any combat experience. What a great balance and insight that must have provided.

He says Im not very smart , Yet hes the one that keeps showing his ignorance

okie52
7/23/2012, 11:02 AM
He says Im not very smart , Yet hes the one that keeps showing his ignorance

Some of these people forget who are on our side and what they have faced during a war.

SouthCarolinaSooner
7/23/2012, 11:52 AM
Okie after a nite back in Saigon I said to hell with it and got up did a lil searching and found this
My Donation is on the way

http://www.defendmichael.com/?p=535


http://www.youtube.com/watch?v=IMbytddDjWI
Just another reason to get the hell out of the ME

marfacowboy
7/23/2012, 12:15 PM
He says Im not very smart , Yet hes the one that keeps showing his ignorance

Is your keyboard missing its apostrophe key, or are your spelling skills roughly that of a third grader?

C&CDean
7/23/2012, 12:57 PM
Is your keyboard missing its apostrophe key, or are your spelling skills roughly that of a third grader?

I have one question for you. Are you an OSU fan?

olevetonahill
7/23/2012, 01:00 PM
Is your keyboard missing its apostrophe key, or are your spelling skills roughly that of a third grader?

http://turnerwatson.files.wordpress.com/2012/05/grammar-nazi2.jpg

soonercruiser
7/23/2012, 01:10 PM
Behenna hadn't been convicted of anything while W was in office...in fact his trial didn't even begin until february of 2009...a month after W was out of office. It is a shame if he is a political football...particularly since we theoretically have no active combat troops remaining in Iraq.

As to Behenna being an azzhole all I can say is my kids got along with him fine.

Get your facts straight Mid!
Or just get some facts, period.
The time for you and the LW Obaminites bashing Booosh is over!

soonercruiser
7/23/2012, 01:17 PM
We have a proud military tradition and many men of honor in our armed services. These people do not meet the standard, and I trust our military to make the right decisions, based on facts and honor.
Get pissed off all you want, but I support our military high command and their system for handling such issues. They know a hell of a lot more about it than you do.
I don't really get angry with you, because I know you can't do anything about your biggest problem, which is genetic. You're just not very smart.

Marfa,
Your type simply "mouths" support the troops.
But, what you do is support them in theory only!
You lefties can only seem to cut the military budget......nothing else.... and send our troops to war with less than the best equipment and pay, and tie one hand behind their back with unrealistic rules of engagement that put their lives at risk for those Stone Age bastages (to use one of Vet's descriptions).

diverdog
7/23/2012, 10:56 PM
Marfa,
Your type simply "mouths" support the troops.
But, what you do is support them in theory only!
You lefties can only seem to cut the military budget......nothing else.... and send our troops to war with less than the best equipment and pay, and tie one hand behind their back with unrealistic rules of engagement that put their lives at risk for those Stone Age bastages (to use one of Vet's descriptions).

Ah Cruiser those unrealistic rules of engagement were set up by Bush.

marfacowboy
7/25/2012, 09:02 AM
Marfa,
Your type simply "mouths" support the troops.
But, what you do is support them in theory only!
You lefties can only seem to cut the military budget......nothing else.... and send our troops to war with less than the best equipment and pay, and tie one hand behind their back with unrealistic rules of engagement that put their lives at risk for those Stone Age bastages (to use one of Vet's descriptions).

How do you know what I do or don't do? Just to set the record straight, I'll tell you what I do.
I spend hours on the phone with my nephew, Ben, who did two (maybe three) tours in Iraq. He's injured, probably suffers from PTSD and depression and needs all sorts of support. I've offered financial and other types of support to him and his wife Allison for the past two years. Sometimes, I get calls at 3:00 AM. I take them when his own mother, a complete lunatic, says, "he's just a drug addict; you have to cut him off."
Bull****! He's a human being that served his country and needs love and support.

Every morning, one of the first things I do is hang up my American flag. Unlike my neighbors, I follow the protocol and take mine down at night,because it's not illuminated. I never let it touch the ground. I think about Ben and all of those young people that lost their lives or came home injured every time I step out there.

I've worked with numerous groups that support veterans in our local area. I always compliment them and thank them, even if I don't agree with the ridiculous missions our bankrupt, pussified politicians send them on. So don't tell me my support is little more than "mouthing" support. I put my time, my heart and my money where my mouth is.