Defend 1LT Michael Behenna

Leavenworth 10: Behenna Family tells Michael's story

2010-09-05T20:33:00.000-07:00

"Leavenworth 10" Freedom Ride

2010-09-05T19:53:00.000-07:00

“Leavenworth 10″ Freedom Ride

By Earl Glynn on September 4, 2010
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Hundreds on motorcycles and in cars took part in the Leavenworth 10 Freedom Ride on Saturday to raise public awareness of imprisoned U.S. soldiers at Ft. Leavenworth

Leavenworth. Vicki Behenna, Oklahoma City, mother of First Lt. Michael Behenna, explained “this Ride and Rally was organized by people who are supporting soldiers who have been charged with combat-related incidents. This ride was organized for the purpose of raising public awareness, so the public begins to understand and know that many of our soldiers are being charged in combat for decisions they make while they’re trying to survive in the combat zone.”

According to Behenna “there are 10 soldiers right now in Ft. Leavenworth and we’re going to be doing this … until all 10 soldiers are home.”

Hundreds attended the event on Saturday from all parts of the U.S. including Florida, Oklahoma, Michigan, New Mexico, New York and South Carolina.

Melanie Dianiska traveled 1200 miles from Charleston, SC to support her son, Corey Clagett, who is imprisoned at Ft. Leavenworth.

According to Dianiska her son “was accused of premeditated murder and killing Iraqi insurgents” but her “son doesn’t deserve to be sentenced to 18 years in Leavenworth for following orders, and we’re trying to make an awareness of what’s going and the treatment the soldiers receive while they are incarcerated.”

Clagett’s attorney, Tim Parlatore, who traveled from New York City to attend the event, said “they do nothing to” the ones giving the orders,” but rather “they’re charging the lowest ranking soldiers — the ones who carry out the orders.” Parlatore said his client had been in solitary confinement for the last four years.

Offering their views in the video above:

Vicki Behenna (mom), Oklahoma City, OK
Melanie Dianiska (mom), Charleston, SC
Tim Parlatore (attorney), New York, NY
Jessica and Mark Behenna (aunt and uncle), Bloomfield Hills, MI
Retired Lt. Col. Allen B. West, congressional candidate from south Florida
Jim Williams, St. Joe, MO, Vietnam war vet

According to the L10FreedomRide press release:

These decorated and committed soldiers/Marines who honorably served their country — achieving a significant number of combat medals over multiple deployments — are now serving sentences ranging between 10 and 40 years. They and their families have fallen victim to the untenable rules of engagement, demoralizing “catch and release” policies, and climate of political correctness that govern our troops’ actions while trying to survive in a combat zone.

While these soldiers/Marines have been judged very harshly by the military, our military leadership is currently releasing imprisoned enemy combatants back to the battlefield. We request the same mercy for these troops, many of whom have been denied clemency time and again. The Leavenworth 10 do not pose any threat and deserve to be returned to their families.

Retired Lt. Col. Allen B. West, who traveled from south Florida to speak at the event, said “this is a very important issue that we need to be talking about.”

West added: “I think there is something systemically wrong with the United State of America on how we continue to prosecute and persecute our warriors. My own episode that I went through in 2003 is the reason why I’m here because I think that will add some credibility and validity to address this issue.”

West is a Republican candidate for U.S. Congress from district FL-22. West received his master’s degree in political science at Kansas State University.

Update on MIchael's Appeal

2010-09-05T19:46:00.000-07:00

To all Michael Behenna supporters,

With the Freedom Ride for the Leavenworth 10 almost here I wanted to give all of Michael’s supporters an update on his appeal. Seven long months after Michael’s lawyers filed his brief with the appellate court the government finally filed its response brief on July 20, 2010. As a government lawyer myself I have to say that I am very disappointed in the government’s brief. In my 22 years as a federal prosecutor I have never seen a government lawyer misrepresent facts to an appellate court as was done in this brief. I understand that a lawyer must advocate their position, but as a young lawyer in the Department of Justice I was taught that my primary goal was to seek justice. Justice requires that a prosecutor act fairly, ethically and in all things uphold the constitution which we are sworn to defend.

Unfortunately, the principals of justice and professional ethics have been completely disregarded by the military lawyers in Michael’s case. They seemingly created facts to fit their arguments rather than argue the case on its merits. Michael’s lawyer Jack Zimmerman needed no less than 18 pages in his reply brief to correct the countless misrepresentations of fact repeatedly made by the government. It is a sad day for the military justice system for the government attorneys to be so disingenuous in their arguments.

That being what it is the next step in the appeals process is for oral arguments to be made before the Army Court of Appeals. Once this is done then we wait for their decision which we pray will come before Christmas. We firmly believe that the truth will literally set Michael free when the appellate court applies the rule of law and reverses his conviction. One truth that Michael has learned from this unimaginable experience is that events don’t define a person; rather it is a person’s reaction to those events that defines them. We have seen our son at his best throughout this travesty of justice. He does not wallow in anger or bitterness and is using his time in prison to help those around him and to gain a deeper wisdom beyond his years. To paraphrase a few lines from the poem Invictus, ‘In the fell clutch of circumstance he has not winced nor cried aloud. Under the bludgeonings of chance his head is bloody, but unbowed.’ Michael is a rock and no amount of injustice will break his unconquerable spirit.

We hope to see many of you at the Leavenworth 10 Freedom Ride and Rally at Leavenworth, Kansas on September 4, 2010. This Rally is going to be very exciting and if you have not already visited www.L10freedomride.com please do as it contains all you need to know about this monumental event. We have participants attending from all over the country and are honored to have Congressional candidate Lt Colonel (R) Allen West as our keynote speaker. Our goal is to bring awareness to the plight of ten young men who served their country bravely on the front lines of the war on terror; eight of whom still find themselves behind bars. We believe their stories deserve to be told and our prayer is that these soldiers, who were all charged with combat related incidents, will be given the same mercy and clemency as the Army is affording members of the Taliban in Afghanistan.

Note that the Freedom Ride is open to vehicles and motorcycles alike so please spread the word to join us in Leavenworth on the 4th. For additional details about the route of the Freedom Ride you can read this article in the Leavenworth Times by clicking on www.leavenworthtimes.com/news/x35357254/Rally-planned-for-Leavenworth-10. You can also go to ww.L10freedomride.com to purchase a flag, patch, or t-shirt for the ride to Leavenworth or to simply make a donation to help underwrite this event.

And finally please take a moment and watch Larry Mendte’s piece entitled Is that Justice? It is very thought provoking to say the least. Click on

www.wpix.com/videobeta/5a140145-f50b-4770-8afc-e547720c47a6/News/Lar to watch this video.

Thanks again for your overwhelming support of an American soldier we proudly call our son. We hope to thank you in person at the Freedom Ride on September 4th in Leavenworth.

Scott & Vicki Behenna

Proud Parents of 1LT Michael Behenna

www.defendmichael.com

www.L10freedomride.com

Freedom Ride for the Leavenworth 10

2010-07-08T09:14:00.000-07:00

To all Michael Behenna supporters,

The Ride is on!!! FREEDOM RIDE FOR THE LEAVENWORTH 10 is set for September 4, 2010 in Leavenworth, Kansas. Motorcycles and vehicles of all kinds are welcome. A new website has been created to keep you updated on this important and exciting event as well as to tell the stories of each of the Leavenworth 10 soldiers (www.L10freedomride.com.) We already have a commitment from Congressional candidate Lt. Colonel Allen West (Florida) to speak, in addition to the families of the Leavenworth 10. We have received many responses from the media and people who want to participate in this event so we know it is going to be very successful.

The intent of the Freedom Ride is to bring awareness to how our soldiers are being imprisoned for killing the enemy during a time of war which one news commentator compared to ‘giving speeding tickets at a NASCAR race’. These soldiers, serving multiple deployments, are provided complex and ever changing Rules of Engagement and then have to deal with untenable “Catch and Release” policies against an enemy the US military General’s have yet to figure out how to defeat. An enemy that these same General’s have recently decided to release back to the battlefield on a ‘pledge’ that they won’t rejoin the Taliban. This while our soldiers who took actions to protect themselves and their fellow soldiers are imprisoned from 10 to 40 years in Leavenworth and receive no clemency whatsoever.

The FREEDOM RIDE will originate in many states across this nation and culminate in Leavenworth on the morning of September 4th. We will assemble south of Leavenworth on HWY 73 and move in a procession north through the city of Leavenworth and then past the Leavenworth Base and Disciplinary Barracks where our soldiers are being held. We know that traveling long distances on a holiday weekend to participate in this event is not without its challenges; but I want you to know how much this ride means to these soldiers who are imprisoned at Leavenworth. By your show of support each of these soldiers will feel some hope in the knowledge that they have not been forgotten and that you have their back. They have become casualties of war by their own government. We need to show them that ‘we the people’ are fighting to get them exonerated. If you are not able to attend the Freedom Ride then please consider making a donation at www.L10freedomride.com to help underwrite this important event.

As you think about this Independence Day consider that these 10 soldiers love the United States of America and chose to volunteer their service to this country. They put themselves in harm’s way to protect the freedoms we all cherish. Despite the fact that our military has construed their activities to be that of a criminal please know that each of them took action in a war zone because they thought it was the right thing to do and that their actions were not for personal gain. The military’s second-guessing of their actions does not erase the many years of honorable and distinguished service of these soldiers. Please remember each of these 10 soldiers and all our military on this FREEDOM holiday.

Finally, to get an idea of what kind of charismatic leader Lt Colonel Allen West is click on the following link (Speech by Lt Colonel West). This is the kind of leadership we need in Congress.

It’s Time to Stand Up For the Leavenworth 10!!!

Scott and Vicki Behenna

Defendmichael.com

L10freedomride.com

An Outrageous Double Standard!

2010-06-15T22:36:00.002-07:00

To the thousands of Michael Behenna supporters,

The New York Times recently reported (see link below) that the US military has initiated a policy to “reintegrate” imprisoned Taliban fighters to their Afghan communities. These Taliban fighters were caught with evidence that they had killed our soldiers, but are released to their families in an active war zone with merely a ‘pledge’ that they will not return to the Taliban. This appears to be the latest attempt to win the hearts and minds of our enemies and taking the ‘catch and release policy’ to a whole new level.

This brings us to Michael’s case. Michael has been incarcerated by the Army for over a year now. We have asked at every level that Michael’s constitutional right to a fair trial be granted so that all the evidence is disclosed to the jury. Doesn’t seem too much to ask for an American citizen who fought for his country does it? Yet Michael’s request for a new trial has been stranded. The Army seems to be in no hurry to have Michael’s case in front of the Army Court of Appeals as they have yet to file their response to Michael’s brief which was filed back in December 2009.

There is a double standard in play here where enemy combatants are given mercy, but our soldiers/Marines are denied mercy. For example, Marine SGT Larry Hutchins whose conviction was overturned several weeks by the Navy Appellate Court is STILL IN CUSTODY while the Navy appeals the decision to the next appellate level.

During the past year we have come to know the families of the other soldiers/Marines who have been charged and convicted of ‘murder’ of Al-Qaeda or insurgents while in a combat zone. We have watched as these soldiers/Marines and their families prepare for clemency hearings before the military clemency boards. (The Armed Forces have a procedure, independent of the appellate process, where an incarcerated soldier/Marine can appear before a clemency board and ask for a reduction of his sentence, or if the individual has served at least 1/3 of his sentence they may request parole.) We have heard the hopelessness in the voices of the families when they learn that their son or husband will not receive ANY reduction in their sentence. It is difficult for these military families to know that based on a ‘solemn’ pledge Taliban fighters are released by the SAME US military leadership and allowed to return home to their families. What message does the US military send when we punish our own soldiers more harshly then we punish the combatants who have killed our brave men and women on the front lines of this war on terrorism?

Many of the soldiers/Marines I am speaking of, including our son, would never find themselves involved in the criminal justice system but for their combat experience. These soldiers/Marines do not have previous criminal histories, and their military records are replete with honorable service including purple hearts, bronze stars, and multiple deployments in defense of our country. Some of these soldiers fell victim to the military’s ‘catch and release’ policy that returns enemy combatants to the battlefield where they return to fight our soldiers time and time again. Yet others were protecting themselves or their men in a combat zone. Even if they made mistakes in judgment during war, should they be sentenced to 10-40 years while the enemy is totally forgiven? Why shouldn’t the SAME military leadership afford our combat soldiers/Marines a second chance!

If the US military will release Taliban fighters simply on a pledge by their families that they will not rejoin the Taliban then we ask the same for our troops. These soldiers/Marines are not a threat to our society and deserve to be home with their families. We ask that you the American public stand with us. Our request is that each of you vouch for these soldiers/Marines and demand that our military extend the same mercy to them as they did to the enemy combatants who are trying to kill our soldiers every day.

Please write a letter to your Senator, Congressman, and the Secretary of Defense and advise them that this double-standard will not be tolerated.

Bless you for your continued support,

Scott and Vicki Behenna

http://www.defendmichael.com

NY Times Article - http://www.nytimes.com/2010/05/24/world/asia/24reconcile.html?src=mv

Diana West Article on releasing the Taliban - http://www.dianawest.net/Home/tabid/36/EntryId/1415/Clemency-for-Our-Troops.aspx

Please use this link to find you Congressional Delegates:

http://contactingthecongress.org/cgi-bin/newseek.cgi?site=ctc&state=ok

Secretary of Defense Robert Gates

1400 Defense Pentagon

Washington DC 20301-1400

Motorcycle Rally to Leavenworth

2010-06-15T22:36:00.001-07:00

To all Michael Behenna supporters,

Today is Michael’s 27th birthday. While he won’t be ‘celebrating’ it in any real sense (no cake and candles in prison), his spirits have been incredibly lifted by the hundreds and hundreds of cards of letters he’s received in the just the past week alone. He is overwhelmed by your support and personally wanted us to tell you how much it means to him.

As mentioned in the last newsletter, we are still eagerly awaiting the Military response to Michael’s appeal, which will allow Michael’s appeal to be docketed and hopefully, by this summer, be argued before the Army Court of Appeals. In the meantime, we continue to encourage Michael’s supporters to contact their Senators and Congressmen. These Congressional Delegations will be vital to ensure the Army handles Michael’s case properly moving forward. Your assistance thus far has produced many important connections and unleashed scrutiny of Michael’s case we would not have thought possible.

It is estimated that more American soldiers have been charged with war crimes related to the war in Iraq than in previous wars combined! Many believe that this is the result of the current Washington policy to prosecute members of the military for a political purpose—pandering to the Iraqi government. In an effort to build awareness to this perversion, we are considering organizing a motorcycle/vehicle Rally to Ft. Leavenworth in early fall, 2010. Michael is among ten decorated soldiers (coined the Leavenworth 10) in Leavenworth prison who have been wrongfully charged and convicted for murdering Al-Qaeda or insurgents. Their convictions are not publicized, but we have come to know each of their stories and they all answered the call of their country to defend our values and way of life against an enemy who wishes to destroy us. After defending themselves or their fellow soldiers/Marines in a combat zone, they have fallen victim to untenable Rules of Engagement, demoralizing “Catch and Release” policies, and political correctness that left them abandoned by the country they fought for.

Many of Michael’s supporters have contacted us for additional ways to help. This rally will aid Michael and the other Leavenworth 10 in creating awareness for those who have not heard their stories. We envision this Rally to begin in at least the following 12 states; Oklahoma, Texas, Kansas, Colorado, Minnesota, Kansas, Iowa, Illinois, Indiana, Missouri, Arkansas, and Tennessee, and culminate in Ft. Leavenworth, Kansas. Due to the significance of 9/11 to these soldiers call to duty, we are considering holding the event the weekend before, on Labor Day 9/4/2010. Before we finalize our plans, we would like to know if you would assist in the following areas:

Help put together the event in Leavenworth

Help coordinate a state leg of this journey to Leavenworth

Design and maintenance of a web site

Help sponsor the event (not necessary to attend)

Graphic Design (t-shirts, signs, flyers)

Most importantly - make the ride to Leavenworth (motorcycles and vehicles would be welcome)

Please reply about your interests and we will build a database of who can help us on this event. We are also very interested in your thoughts and ideas about this event! The size of this event is dependent upon those involved and our ability to attract other concerned Patriots. This rally is a way to show these soldiers that we appreciate their unselfish service to our country and they are not forgotten. Please consider being a part of the show of support these men never received from our country when they returned home from war.

The proud parents of an American hero. Happy Birthday Michael!!!

Scott and Vicki Behenna

www.defendmichael.com

Another Birthday Behind Bars In Leavenworth

2010-06-15T22:35:00.000-07:00

To the thousands of supporters of Michael Behenna,

Many of you have been asking about the latest on Michael's appeal. Michael’s appellate brief was filed on December 22, 2009 and the military’s response brief was due January 21, 2010. The military asked for and was granted a three-month extension to April 21, 2010. Then sometime in early April the military filed for and received yet another three-month extension making their response brief not due until July 22, 2010! But most amazing of all was that the extension was granted without notice being provided to Michael’s attorneys to argue against it.

From the start of this hell we have tried to put our trust in the military justice system. But time and time again this ‘justice’ system has failed this young man who defended our liberties in the face of a ruthless enemy. First it was the withholding of evidence in Michael’s trial and now this. The government will have had seven months to respond to Michael’s appellate brief when it should have taken only seven weeks. It appears to us that the Army is deliberately doing everything it can to delay Michael’s appeal process. And for what end you ask? We may never know, just as we may never know what was really behind the Army prosecuting Michael in the first place. But in the face of these delay tactics we have become even more convinced of the strength of Michael’s appeal (which the military is struggling to counter.) As Thomas Paine wrote, 'Tyranny is not easily conquered, but our consolation is that the harder the conflict, the greater the triumph.'

Despite everything Michael is faring well. He draws strength from the many letters he receives and your continued correspondence will help him leave Leavenworth the way he arrived – with his head held high. Michael ‘celebrates’ his 27th birthday behind bars on May 18th. This will be his second birthday in Leavenworth Prison and is yet another reminder of how long he has been away from family and friends. Please consider sending Michael a birthday card to let him know he is not forgotten and to encourage him to keep the faith. You can send your cards and letters to:

Michael Behenna #87503

1300 N. Warehouse Road

Fort Leavenworth, KS 66027-2304

Finally, good news was received this week concerning the two Navy SEALS exonerated of injuring an Al Qaeda leader. In addition, Sgt Larry Hutchins, a Marine held at Leavenworth, had his case overturned in the Navy Court of Appeals. These men are decorated heroes who have served this country honorably and deserve our support. It is my hope that the pendulum is truly swinging back in favor of our soldiers and away from a capricious and political military justice system led by people who have NEVER been in harms way. Please continue to contact your Congressmen and Senators and let them know that our soldiers deserve our unending support, especially when they are defending themselves in a combat zone.

Bless each of you for supporting all of our troops,

Sincerely,

Scott and Vicki Behenna

Proud Parents of 1LT Michael Behenna

www.defendmichael.com

30 Minutes To Say Goodbye

2010-06-15T22:34:00.000-07:00

To the thousands of supporters of Michael Behenna,

Most of you are aware of the facts in the case involving 1Lt Michael Behenna as detailed at www.defendmichael.com. These facts in and of themselves are horrific and represent a total betrayal of a young man who truly fought for his country against a determined and ruthless enemy. But few of you know the gut wrenching details that transpired after Judge Dixon denied the motion for a mistrial.

It was a Friday, March 20, 2009, three weeks AFTER Michael was convicted of unpremeditated murder for the killing of Al Qaeda terrorist Ali Mansur. Before we left Michael’s apartment to drive to the courtroom for the mistrial hearing, Michael gave his mother Vicki his billfold and car keys in case the unimaginable happened. Michael seemed prepared for the worst since he had been disappointed many times during his trial. Yet the thought that the Judge would not declare a mistrial seemed a remote possibility to us that morning. Based upon Vicki’s experience with such matters as a federal prosecutor this should have been an open and shut case for granting a new trial. But at 2pm that afternoon our world came crashing down when the judge denied the motion for mistrial claiming that Dr. MacDonell’s testimony would NOT have changed the jury’s verdict. He then told us that the defendant had thirty minutes to say good bye to his family.

We were stunned and in disbelief inside that courtroom. Tears instantly fell from our eyes at the news. Michael’s girlfriend Shannon collapsed on the floor sobbing. Vicki and I reached for Michael, but he didn’t want to be touched by anyone. Shannon’s father was incensed at the prosecutors. Michael stood there stoically – his life changed forever. The family was ushered to a holding room where we had thirty minutes to say goodbye. Michael sat silently as one by one each of us hugged him and told him how much we loved him and that we would do everything possible to correct this injustice. Members of Michael’s platoon told him to stay strong. A Sergeant Major that Michael had worked with on post the previous three weeks knelt beside Michael and told him ‘You will always be a soldier.’ He then stood and saluted Michael. The last thing Michael said to us before an MP escorted him away was “Don’t let me be forgotten.” Then, just like that, he was gone.

We stood outside the courtroom and waited until a military van whisked Michael away to the county jail where he would await transfer to Leavenworth. The family then drove to Michael’s apartment where we spent the next several hours packing his belongings for shipment back to Oklahoma. Going through Michael’s things only deepened our sense of loss. As parents you want to protect your children from harm and we were utterly powerless to do so. We packed away Michael’s things in silence.

The next day Vicki, Shannon and I were able to visit Michael at the county jail where he was locked up with common criminals. Shannon has a vivid memory of seeing Michael in an orange jump suit leaning up against the wall waiting for his turn to visit. She says he looked like a little boy who was lost and unsure of what was happening to him. We knew what this young man was made of inside. There is no quit in him and whatever life threw at him he would survive it and come out stronger on the other end. But that knowledge did not ease the pain of seeing our son in such a place.

That would be the last time we would see or talk to Michael for over a month. Among the many actions the Army has taken against our son there is one that is truly unforgiveable. For his trip to Fort Leavenworth prison Michael was dressed in his officer’s uniform and then paraded visibly handcuffed through the Nashville airport, then the Milwaukee airport, and then the Kansas City airport; flying from one airport to another on a commercial jet with two MP’s on each side of him.

The only reason we knew he had been transferred to Leavenworth was because one of the flight attendants on Michael’s flight from Milwaukee to Kansas City noticed this young man in an Army uniform in handcuffs with the two MP’s sitting beside him. Near the end of the flight Michael asked for a pencil and paper and simply wrote the phrase ‘defendmichael.com’ and handed it back to the attendant. The flight attendant went to Michael’s website that very night and posted a comment telling us that Michael was on his flight.

It has already been twelve months since Michael went to prison. But in those twelve months Michael’s story just keeps gaining momentum. Because of you he has not been forgotten. 250,000 hits on his website with over 1,500 comments posted. Over 15,000 signatures on his online petition. Over 12,000 friends on the Free Michael Behenna Facebook page. Over 3,000 people wearing defendmichael wristbands. Hundreds and hundreds of letters sent to Congressmen, Senators, and Military Leaders. And then there are the countless people who have been so inspired by Michael's story that they have taken action on their own. For example, a retired police officer in New York has somehow gotten postage stamps made that say defendmichael.com. Another supporter is distributing bumper stickers and others are passing out flyers in their communities. The founder of the Band of Mothers organization helped arrange meetings with members of Congress regarding Michael. And recently Michael couldn’t believe his ears when he heard Michael Savage of the Savage Nation radio show talking about his case as he was sitting in his prison cell. There is even the possibility of an HBO documentary on Michael’s story.

One year into his imprisonment Michael is living one day at a time. He is trying to make sense of what has happened while holding onto the hope that his freedom is not fourteen years away. I’m reminded of a line by the playwright Aeschylus which says ‘And even in our sleep, pain that cannot forget, falls drop by drop upon the heart, and in our own despair, against our will, comes wisdom to us by the awful grace of God.’ If it is from pain that wisdom does spring forth, then Michael is becoming a very wise soul indeed.

Again, from the bottom of our hearts, THANK YOU for your continued support and prayers for a soldier we proudly call our son.

Scott and Vicki Behenna

www.defendmichael.com

One Year Ago Today a Great Injustice Took Place

2010-06-15T22:33:00.000-07:00

To the thousands of Michael Behenna supporters,

One year ago today closing arguments were made by the Army prosecutors determined to get a conviction even if that meant withholding evidence and lying to the jury. Captain Jason Elbert told the jury that what Michael Behenna testified to regarding the shooting of Ali Mansur was ‘impossible’. Yet all three prosecutors (Captains Poirier, Roberts, and Elbert) knew better. Their own expert witness, Dr. Herb MacDonell, had told them earlier in the week that the only logical explanation based on the evidence was that Mansur had to be reaching for Michael's gun when he was shot. Because their expert’s testimony did not help their case the prosecution team sent him home rather than put him on the stand to testify. They were not going to let the facts get in the way of a guilty verdict.

So it was that one year ago at around 8:30pm on a Friday night a jury of non-infantry officers convicted Michael of unpremeditated murder and the following day sentenced him to 25 years in prison. This for killing in self defense a known member of Al Qaeda that Army intelligence knew had organized an attack on Michael’s platoon that took the lives of two American soldiers and two Iraqi soldiers. For those of us sitting in that Kentucky courtroom the moment when the verdict was read is forever seared into our souls. For Michael it was absolute betrayal by a country he (unlike the prosecutors) had risked his life to defend.

As we told you last month, Michael’s clemency board hearing resulted in a five year reduction in his sentence on top of the five year reduction granted by the General of the 101st Airborne. So Michael is now serving a 15 year sentence at Fort Leavenworth and if he serves his full sentence he will rejoin the real world when he is 40 years of age. Short of the Secretary of the Army intervening, the next phase in getting justice for Michael is the Appellate process. Michael’s appellate brief was filed on December 22, 2009 and the military response was due on January 22, 2010. The Army did not produce a response on their due date, but instead asked and was granted a three month extension, which makes their new due date April 21, 2010. Coincidentally that happens to be the anniversary date that Michael’s soldiers Adam Kohlhaas and Steven Christofferson were killed by Mansur and his Al Qaeda cell.

Michael began his incarceration on March 20, 2009. One of the last things he said to us that day as he was being taken away in handcuffs was ‘Don’t let me be forgotten.’ I can proudly say that YOU HAVE NOT LET MICHAEL BE FORGOTTEN!!! It is your cards and letters that gives him purpose each day in prison. The highlight of Michael’s week is when the guard drops off mail to his cell. On one recent day he received 175 pieces of mail. From nearly every state in our great country and from places as far away as Australia he has received cards and letters of support that has lifted his spirits and helped Michael and our family endure something that no American family or soldier should ever face – being prosecuted for defending yourself against the most vicious terrorist group in the world.

Our fight for justice is a marathon, not a sprint. Like Michael, we all have to be prepared for a long fight. But in the end it is a fight we will win and see the day when Michael is free once more. In this next month please raise awareness about Michael’s case and continue to write your Congressmen, Senators, the Secretary of the Army, and the Secretary of Defense to call for Michael’s immediate release pending the appellate decision. And most importantly, please drop Michael another letter or card that reminds him that he has not been forgotten.

The links below will catch you up on Michael’s continuing story and show you the true 1LT Michael Behenna:

A YouTube video of Michael (Thanks to Kyle and the Foo Fighters)

Michael Savage 1/25/10 update on Michael’s case

Contact info for all US Representatives and Senators

Thank you again for your overwhelming support of an American soldier we proudly call our son.

Scott & Vicki Behenna

http://www.defendmichael.com

Update on Michael Behenna's Clemency Hearing

2010-06-15T22:32:00.000-07:00

To All Michael Behenna Supporters,

The Deputy Secretary of the Army, Catherine Mitrano, following the recommendation of the Army Clemency Board, determined that 1Lt Michael Behenna’s sentence should be reduced from 20 years to 15 years. Although we asked that Michael’s sentence be suspended pending his appeal, we are nonetheless grateful for this reduction in sentence. Yet it is still hard to believe that this wonderful young man who fought so bravely for his country could sit behind bars until he turns 40 years of age. I promise you that our fight for him will not end until Michael is free once more.

The next step in this long road to freedom is the appeals process. Michael’s lawyers filed a brief in late December and the military now has several months to respond to it. Once the military files their response then Michael’s appeal will be set before the Army Court of Criminal Appeals, most likely later this summer. We believe that Michael’s appeal is especially strong based upon the prosecutor’s withholding of critical evidence from the jury.

In the meantime it is your support and letters which buoy Michael’s spirits and keep him going through this nightmare. Your support and the calls for Michael’s release continue to grow louder and louder. Just a week ago Vicki was interviewed on the Michael Savage radio show and Michael’s case captured the committed followers of the Savage Nation. The response has been overwhelming and in a recent phone call Michael told us that his mail outnumbered all other mail coming into his prison pod. Encouragement from you sustains our son and for that we are forever in your debt. Thank you for lifting up Michael and all our family and providing us the hope we need to continue the fight for his release and exoneration.

Below are some links you may find interesting, including a letter sent this week from two United States Congressmen to the Secretary of Defense, Robert Gates.

Michael Savage Interview

Brett Behenna's Speech at Capitol

Congressional Letter to Secretary Gates

Thank you again for your overwhelming support of an American soldier we proudly call our son.

Scott and Vicki Behenna
www.defendmichael.com

Our Plea To Army Board: Clemency for Michael

2010-06-15T22:29:00.000-07:00

To All Michael Behenna supporters,

We travel to Washington D.C. this week to plead Michael's case before the Army Clemency Board. We have so much to tell them, but we are given only ten minutes to convey our many thoughts. Amazingly, Michael's sentence of 20 years is twice what any other soldier has been sentenced for unpremeditated murder. It is our hope that the Clemency Board will at the very least bring Michael's sentence into line with others. Even better would be if the Board decided to release him pending his appeal.

Michael's attorney's filed his appeal on 12/22/09 and their appellate brief gives us great hope the appellate court will need to look long and hard as to whether Michael received a fair trial. Special focus was put on the prosecution withholding crucial evidence offered by their own expert which could have exonerated Michael on the murder charge.

Your support of Michael during this holiday season has been emotionally and spiritually uplifting. Our son received hundreds of cards that helped him get through this difficult time. Please keep him in your thoughts and prayers in the coming weeks and keep up your letter writing to the Secretary of the Army, Honorable John McHugh, 1400 Defense Pentagon, Washington, DC 20301-1400. In the end we believe that Michael will prevail.

Of special note is that Michael's case was selected as #5 in the top ten articles covered by the Court of Appeals of the Armed Forces (CAAF) Blog. The fact that persons covering military appeals have shown such an interest in Michael's case helps provide encouragement for those of us that feel Michael's case is so much more than another war related murder case.

Below are links to articles by the Oklahoman's Washington Correspondent and a KOCO video concerning the Clemency Hearing:

Daily Oklahoman article (article also shown in entirety below)

Channel KOCO interview

Thanks again for your overwhelming support of an American soldier we proudly call our son.

Scott and Vicki Behenna
www.defendmichael.com

CLEMENCY BOARD TO HEAR ADDRESS

Soldier’s mother to plead his case

BY CHRIS CAST

Washington Bureau ccasteel@opubco.com

WASHINGTON — Vicki Behenna has 10 minutes to plead her son’s case.

Where does she begin?

In the last few months, she has developed hours of arguments about why U.S. Army 1st Lt. Michael Behenna was wrongly convicted of killing a suspected terrorist in Iraq in 2008, why his 20-year sentence for unpremeditated murder was too severe compared to other sentences for the same offense and why the military rules for detaining suspected terrorists make no sense in a combat zone.

She will have to condense all that into a matter of minutes when she appears Thursday before the Army Clemency and Parole Board in Arlington, Va.

Vicki Behenna, of Edmond, is a federal prosecutor — she was part of the team that won conviction of Oklahoma City bomber Timothy McVeigh — so she knows something about making concise and cogent arguments in a legal setting. When she appears before the clemency board, though, it will be “as his mom,” she said last week.

She said she has been given 10 minutes to address the board and that she will focus primarily on the length of her son’s sentence for unpremeditated murder. Though she hasn’t been able to find a central data bank of courtmartial sentences, she said the longest other recent sentence she could find for unpremeditated murder in a combat zone was 11 years. Her son originally received a 25-year sentence, which was reduced to 20 years. Michael Behenna, who is 26, is serving that sentence at Fort Leavenworth, Kan.

The clemency hearing is just one of the legal routes being pursued by Behenna and her husband, Scott.

Houston attorney Jack Zimmerman recently filed an appeal claiming Michael Behenna’s conviction should be overturned, in part because prosecutors didn’t turn over evidence that would have corroborated Behenna’s story that he shot the victim in self-defense. The evidence was the opinion of a renowned expert on bloodstains.

The Behennas have also enlisted Oklahoma attorneys and elected officials to write letters to military leaders and the clemency board urging that Lt. Behenna’s case be handled fairly and according to legal principles.

The Behennas plan to be on Capitol Hill this week telling Michael’s story. Though Congress is still in recess, the Behennas are hoping to meet with staff members of lawmakers who sit on the Armed Services committees.

Vicki Behenna said congressional panels need to hold hearings on the rules regarding detaining suspected terrorists. Currently, she said, the rules require a suspect to be released unless stringent conditions are met.

Military officials decided those conditions were not met for Ali Mansur Mohamed after Behenna captured him in Iraq with evidence that he had ties to al-Qaida.

Behenna suspected that Ali Mansur had been involved in planting a roadside bomb that killed two members of his platoon and wounded others.

Behenna had arrested Ali Mansur at his home, and Behenna was the one ordered to take Ali Mansur back home when he was released from custody.

Behenna shot and killed Ali Mansur that night after questioning him. Prosecutors said it was an execution; Behenna claimed Ali Mansur had been trying to grab Behenna’s gun.

The case has received national media attention and has been taken up as a cause on some Web sites, including one started by the Behennas called DefendMichael.com; a petition posted on the site seeking a new trial for Lt. Behenna has more than 6,500 signatures.

Bev Perlson, whose son has served four tours in Iraq and Afghanistan and who started a group called Band of Mothers, accompanied Vicki Behenna to lawmakers’ offices on Capitol Hill in early December. Perlson features Lt. Behenna’s case promi nently on her Web site and said in an interview last week that she is encouraging veterans and others to show up at the hearing on Thursday.

Though the public is not allowed into the hearing, Perlson said it would be an important show of support just to have people outside the building.

“It just breaks my heart what happened to Michael,” she said.

Michael's Mom goes to Washington

2010-06-15T22:27:00.000-07:00

Merry Christmas to the many friends and supporters of Michael,

An update about Michael is difficult because this time of year is all about being together with family and friends. While we will be able to see Michael over Christmas, our family will not feel complete until Michael is freed from Leavenworth.

Several things are happening toward that end and we are eagerly anticipating a favorable outcome. Michael's appellate brief will be filed in December with the Army Court of Appeals and we know Michael's lawyers will make a powerful and compelling argument to reverse his conviction. Please say a prayer for Michael's attorney's in their quest to present a document that will allow the Appellate Court to see the truth. Also Vicki and some supporters traveled to Washington DC the first week of December to meet with numerous Congressmen and Senators. The meetings went extremely well and some Congressmen and Senators are writing letters to the Clemency Board. Some Congressmen are considering Congressional hearings on the military's "detention and release" policy that is responsible for 77,000 out of 87,000 detainees being released back to the battlefield for our soldiers to fight again and again. As one Lieutenant Colonel in the Marines told Vicki on her trip to DC, this policy has cost the lives of American soldiers. It is imperative that we stop putting our soldiers in harm's way whether it is in the form of a terrorist's bullets and bombs or prosecutors who want to lock these heroes up for defending themselves in a war zone.

Michael's clemency hearing is January 7, 2010, and we will represent him at that hearing. The Secretary of the Army, John McHugh, has the responsibility for clemency and has the power to reduce or eliminate Michael's sentence. If you have not done so already, please consider writing a letter to the Secretary to give clemency to Michael. McHugh's address is:

Secretary of the Army John McHugh
1400 Defense Pentagon
Washington, DC 20301-1400

We also ask that you consider sending a quick note to Michael to let him know the support he has behind him and the groundswell that has begun to cast light on the current military policies that put our soldiers in harm's way. Michael can only receive written materials (letters, cards, books), but you can also send a money order to Michael which he can use to purchase some items with his commissary account. Money can only be sent via MONEY ORDER and it must list the payee as "MICHAEL BEHENNA #87503". All correspondence and money orders should be sent to :

Michael Behenna
1300 North Warehouse Road
FT. Leavenworth, Kansas 66027-2304

Below is a link to a biggovernment.com article that hits right at the heart of Michael's case and has produced many inquiries :

http://biggovernment.com/2009/12/12/army-officer-kills-al-qaeda-operative-imprisoned-after-prosecutors-ignore-own-expert-witness/

Thanks again for your overwhelming support and may God bless your families this Christmas season.

Peace,

Scott & Vicki Behenna Proud parents of 1LT Michael Behenna
www.defendmichael.com

1LT Michael Behenna's Upcoming Clemency Hearing and Appeal

2010-06-15T22:26:00.000-07:00

Dear Supporters of Michael,

1LT Michael Behenna's Clemency Hearing has been set for January 7, 2009. The hearing will be in Washington DC and we will be pleading his case to reduce, if not eliminate, his current twenty year sentence for killing an Al-Qaeda operative. Michael's mother Vicki and others are heading to Washington the first week of December to meet with Senators, Congressmen, and anyone else who will listen to Michael's story. This Clemency Hearing (under the purview of the Secretary of the Army) is separate from and runs parallel to Michael's legal appeal to have his conviction reversed and to get him a new trial where all the evidence can finally be heard. Michael's appeal is compelling and will be submitted by December 24th after which the Government has one month to respond. The appeal will be set for argument before the Army Court of Appeals in early 2010.

We invite you to visit Michael's website www.defendmichael.com to learn all about who Michael is and how this injustice occurred. Please consider writing a short letter to the Secretary of the Army to pledge your support for 1LT Michael Behenna. The Secretary of the Army letter should be mailed to:

Honorable John McHugh

Secretary of the Army

1400 Defense Pentagon

Washington, DC 20301-1400

Here is a link to a well-researched and provocative in-depth article about 1LT Michael Behenna written by Tulsa native Carrie Fatigante ( http://www.politicalbelle.com). For those of you who have sent Michael a note during this holiday season we want to say THANK YOU for letting our son know he is not forgotten!

Peace to you and your families,

Scott and Vicki Behenna

Proud Parents of 1LT Michael Behenna

www.defendmichael.com

Keep the Momentum Going!

2010-06-15T22:25:00.000-07:00

Dear Friends of Michael:

In the two weeks since the Oklahoma Congressional Delegation sent its letter requesting clemency for Michael to the board reviewing his sentence, we've seen a spike in media and online attention to Michael's case.

One of the media links I've included is an excellent morning radio program by host Pat Campbell. In addition to an interview with Vicki you will hear Mr. Campbell exhorting his listeners to 'Get this message out! People need to hear about this story of injustice!" The link is below.

Pat Campbell's Tulsa morning radio show 10/26/09

The other link I am passing along to you is an article written by the Director of the Northeast Intelligence Network, Douglas J. Hagmann . As Mr. Hagmann emphatically states, " The analysis of the forensic evidence alone should have been sufficient to pierce the standard of reasonable doubt needed to convict Lieutenant Behenna. Unfortunately, it never saw the light of day in its proper form, and now a US Army officer fighting for the safety of every American is sitting in prison as a direct result of this omission of exculpatory evidence." He finishes his article by saying "The front line of defense against terrorism has been marginalized by this blatant miscarriage of justice." To read the entire article click on the link below.

Northeast Intelligence Network article about Dr. MacDonell's analysis of 1LT Behenna's case

We had over 100 petition signatures within two hours of the Pat Campbell show and over 400 signatures in the last four days. Please help us keep the momentum by sharing Michael's story with everyone you know and by passing email addresses onto us that can be added to our ever growing mailing list.

As always, thank you for your prayers and your support.

Scott & Vicki Behenna

Proud parents of 1LT Michael Behenna

http://defendmichael.com

P.S. Please consider sending Michael a card or a letter. This will be Michael's first Thanksgiving in prison (and God willing the only one he will spend there) and I know it would lift his spirits to hear from you. Michael's address is:

Michael Behenna #87503

1300 N. Warehouse Road

Fort Leavenworth, KS 66027-2304

Oklahoma Congressional Delegation Rallies Behind Lt Behenna As Clemency Hearing Begins

2010-06-15T22:23:00.000-07:00

To all of Michael's Supporters,

On March 20, 2009, as Michael was being taken into Army custody, he said to his mother that he thought everyone would forget about him and the injustice that had befallen him. Although Vicki pledged our family's undying support, we could only hope and pray that others would join in his fight for justice.

When we learned this week that our Congresswoman, Mary Fallin, had worked with Sen. Jim Inhofe, Sen. Tom Coburn, Rep. Tom Cole, Rep. John Sullivan, Rep. Dan Boren, and Rep. Frank Lucas to prepare a clemency letter for Michael, we felt truly blessed. We Oklahomans know the feeling of coming together to support one another. In the same way, our entire Congressional Delegation, including both Senators, and all five Congressmen, signed and sent a letter this week to the Army Clemency Board, which is in the initial phase of considering Michael's sentence. We are appreciative that the Congressional Delegation took the time to send the letter and we applaud their commitment to ensuring justice is applied fairly and consistently for all soldiers. We are also proud that Governor Brad Henry, District Attorney David Prater, and former US Attorney Robert McCampbell issued statements yesterday about Michael's clemency.

We are very proud to be Oklahomans and parents of 1LT Michael Behenna!

Thanks to everyone who has helped keep Michael's story alive in the pursuit of justice. Please find below stories about the congressional letter and the press release by the Oklahoma Delegation. The actual congressional letter can found by clicking the following link: http://defendmichael.files.wordpress.com/2009/10/clemency-letter-all-ok-delegation.pdf Our fight for justice will continue until justice finally prevails.

Scott & Vicki Behenna

Proud parents of 1LT Michael Behenna

www.defendmichael.com

*Below are news articles covering the Clemency letter.

The Daily Oklahoman, Edmond Sun, and McCarville Report covered the clemency letter written by the Congressional Delegation. Attached are links to those articles. Daily Oklahoman - http://newsok.com/oklahoma-lawmakers-say-penalty-should-be-consistent/article/3409427

Edmond Sun - http://www.edmondsun.com/local/local_story_289021550.html

McCarville Report (8 Article string) - http://wwwtmrcom.blogspot.com/search?q=behenna

**Below is the press release for the Clemency Letter.

Oklahoma Delegation Expresses Concern as Behenna Clemency Hearing Begins

WASHINGTON- The Oklahoma Congressional Delegation today sent a letter to the Commandant of the United States Disciplinary Barracks, located at Fort Leavenworth, Kansas, as the Army Clemency and Parole Board begins consideration of 1LT Michael Behenna’s clemency request.

In March, 1LT Behenna was convicted of unpremeditated murder while serving in Iraq and sentenced to 25 years in prison. Previous cases of similar or more aggravating circumstances, where the defendants were found guilty of premeditated murder, have resulted in less severe sentences, which prompted the delegation’s appeal to the Clemency Board for a careful review of this case and relevant precedent.

“We must ensure the Uniform Military Code of Justice is applied fairly for all of our service men and women and that, when discrepancies arise, we examine the circumstances as carefully as possible,” said Congresswoman Mary Fallin (OK-05). “I am grateful for Mr. Behenna’s service to our country and hope the circumstances of this case are carefully evaluated by the Clemency Board during this process.”

Fallin said today’s hearing was in addition to ongoing efforts to secure a new trial for 1LT Behenna. “Since this case was first brought to our attention, we have never made any presumptions about guilt or innocence. Our only concern has been due process and the fair and equitable distribution of justice for our service men and women,” said Fallin.

Rep. John Sullivan (OK-01) commented, “Our hard working men and women in uniform deserve every opportunity for a fair trial, and 1LT Behenna is no exception. It is my sincere hope that all due consideration will be given to 1LT Behenna’s case during this clemency hearing.”

Rep. Tom Cole (OK-04) commented, "Like all Americans, Lt. Behenna deserves fair and impartial justice. As the Clemency Board moves forward with further consideration, they would do well to base their decision on the unique circumstances of his case. Lt. Behenna's sentence, if he's guilty at all, should be appropriate to what he is convicted of - not unduly excessive due to political or public pressure. I urge the Clemency Board to move forward thoughtfully."

Dr. MacDonell Shines A Light On The Truth

2010-06-15T22:21:00.000-07:00

To the supporters of Michael Behenna,

On February 28, 2009, exactly one day AFTER Michael Behenna was convicted of murdering an Al Qaeda insurgent, Vicki and I listened to the government’s expert witness Dr. Herbert MacDonell give his testimony to a military judge via telephone. The reason this testimony was being given over the telephone was because he had been sent home by the prosecutors who did not want their own witness to tell the panel members facts which conflicted with their case. An email sent by Dr. MacDonell after he got home (which didn’t reach the defense team until after Michael was convicted) set the stage for a possible a mistrial because the prosecutors had withheld Dr. MacDonell’s conclusions on the case which were favorable to Michael.

In his testimony that Saturday morning and in a later affidavit Dr. MacDonell stated that he had strongly advised the prosecutors to let him testify as to his findings: specifically that the prosecution’s ‘execution scenario’ was inconsistent with the facts and that the only logical explanation was what Michael had testified to – that Ali Mansur had to be reaching for Michael’s gun when he was shot. Dr. MacDonell went on to say that the prosecutors coldly told him that rather than take the stand he was being sent home as his services were no longer needed.

Listening to Dr. MacDonell’s testimony on the phone that Saturday morning, I remember being struck by his commitment to his profession and to the pursuit of justice. Despite the efforts by the Prosecutors and even the Judge to get him to equivocate, he did not give an inch in regards to what he had advised the prosecutors earlier that week. His integrity would not allow him to have his words twisted by anyone - even the government for whom he was a paid consultant.

When Dr. MacDonell spoke the truth that Saturday morning, it was like a ray of light had finally penetrated the dishonest actions of the prosecutors. Dr. MacDonell had shined a light on the undeniable, impartial, and corroborating evidence that Michael acted in self-defense. Shockingly, the Judge would later deny the motion for a mistrial.

The link below is a short article about Dr. MacDonell and his experience with Michael's case.

http://www.stargazette.com/article/20091002/NEWS01/910020371/1117

The fight for Michael continues and will continue until this injustice is overturned. As always, we very much appreciate your prayers and your support and for being a part of the growing movement to get justice for Michael.

Thank you,

Scott & Vicki Behenna

Proud parents of 1LT Michael Behenna, US Army Ranger, 101st Airborne

The Right To Due Process

2009-04-07T14:25:00.000-07:00

1LT Michael Behenna did not receive a fair trial but do you understand why?

What is Due Process?
Due process or due process of law is the principle that the government must respect all of the legal rights that are owed to a person according to the law of the land, instead of respecting merely some or most of those legal rights.

Brady material refers to the http://en.wikipedia.org/wiki/Brady_v._Maryland consists of exculpatory or impeaching information that is material to the guilt or innocence or to the punishment of a defendant. Following Brady, the prosecutor must disclose evidence or information that would prove the innocence of the defendant. Evidence that would serve to reduce the defendant's sentence must also be disclosed by the prosecution.

What is a Brady Violation?
A recent U.S. Supreme Court decision concerning the governments’ Constitutional duty to disclose information favorable to the Accused contained the language in the beginning quote. Reaffirmation of the prosecutor's role "...the representative...of sovereignty...whose interest...in a criminal prosecution is not that it shall win a case, but that justice shall be done."

As a result of Brady and Giglio, the government is constitutionally required to disclose any evidence favorable to the defendant that is material to either guilt or punishment, including evidence that may impact on the credibility of a witness. Furthermore, the defendant's failure to request favorable evidence does not leave the government free of this obligation because constitutional error results "...if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different." The "duty to learn" thus extends the prosecutor's obligation not only to ensure that all exculpatory information is provided to the defense but also to undertake reasonable steps to ensure that the prosecutor is aware of all such material in the government’s possession. Even after the trial, the prosecutor is still responsible to disclose new information that is favorable to the defense. The prosecutor is also still held accountable for a Brady Violation even after the trial.

A Brady violation does not alone mean showing the prosecution knew of an item of favorable evidence unknown to the defense. But the prosecution which alone knows what is undisclosed has the consequent responsibility to gauge the likely effect of all such evidence. They must make disclosure when the point of ‘reasonable probability’ has been reached. This means that an individual prosecutor has a duty to learn of any favorable evidence known to others acting on the government’s behalf including experts and police.

EXAMPLES OF PROSECUTORIAL MISCONDUCT
Suppression of evidence
Misuse of the media
Misconduct involving witnesses
Investigative misconduct
Trial misconduct.
Improper closing argument based upon evidence known by the prosecutors to be false.

Any specific act of prosecutorial misconduct may fall into more than one category. For example, knowingly presenting perjured testimony would be misconduct involving a witness, as well as a violation of the duty to disclose exculpatory evidence.

Military Prosecutors chose not to disclose evidence!

The governements expert Dr. MacDonell did a demonstration for the prosecutors on Wednesday showing that the man was shot in the side of the chest first and then as he dropped to the ground his head passed in front of the muzzle. "That is the most logical explanation for what happened" Dr. MacDonnell said . When Dr. MacDonnell did the ONLY demonstration for the trial counsel and a few others, they had a duty to disclose this information.

Thursday, when 1LT Michael Behenna testified about what happened and Dr. MacDonnell leaned over to Dr. Byrd (also in on the demonstration) said "That's exactly what I told you yesterday". Dr. Byrd had a duty to disclose this information to the Defense! Dr. MacDonell told defense counsel as he was leaving the courtroom to catch a plane on Thursday night ‘Too bad I wasn’t allowed to testify because I would have been your best witness.’ When asked by defense counsel why that would be Dr. MacDonell explained that he was still retained by the government and so he couldn’t say, but to ask the prosecution.

Friday morning Mr. Zimmerman asked the Trial Counsel if they had any exculpatory evidence from Dr. MacDonnell based on his comment and they said no. The Trial Counsel has an independant responsibiliy to investigate what Dr. MacDonnell meant by that comment and they did not. Then in closing arguments again on Friday morning they stated that 1LT Michael Behenna's rendition of what happened was "impossible", "ridiculous" but they argued with the Defense's experts that there were tons of possibilities of what could have happened! It is one way or the other!

The Military Prosecutors had at least 3 or 4 chances to disclose Dr. MacDonnell's theory about what happened to the Defense counsel and they chose not to. There only motive was to build gainsmenship, they only wanted to win! Reaffirmation of the prosecutor's role "...the representative...of sovereignty...whose interest...in a criminal prosecution is not that it shall win a case, but that justice shall be done." Prosecutors, civilian or military are there, win or lose, to find out the TRUTH!

Quote

"This is evidence that does not forget. It is not confused by the excitement of the moment. It is not absent because human witnesses are. It is factual evidence. Physical evidence can not be wrong, it cannot perjure itself, it cannot wholly be absent. Only human failure to find it, study and understand it, or worse, to hide it, can diminish its value. Professor Edmond Locard

http://www.defendmichael.com/

Michael, I Love you always

Shannon

Defend 1LT Michael Behenna

2009-03-28T19:22:00.000-07:00

This blog is about 1LT Michael Behenna. He has been convicted and sentenced to 25 years in prison for killing an Al Qaeda Operative in self defense. The government withheld exculpatory evidence from their expert that was favorable to the defense but the judge still denied motions for a mistrial and new trial.

Bio
My name is Shannon Wahl and I am 1LT Michael Behenna's girlfriend. We have been dating for 3 1/2 years starting in college at the University of Central Oklahoma but we have know each other since 2nd grade. We are both 25 years old and have planned a life together. He is the love of my life, the man who has taught me so much about how family and friends are the most important thing.

Summary
1LT Michael Behenna, a young Army Officer, deployed to Iraq in September 2007 for his first combat experience. In July 2008 he was charged with the murder of Ali Mansur. There are documents that were entered during the trial that established that Ali Mansur was a known terrorist. 1LT Behenna testified that he acted in self-defense. The military prosecutors argued that 1LT Behenna executed the terrorist while he was sitting on a rock.

What the military didn't tell Michael's defense lawyers was that their own expert agreed with 1LT Behenna's story that Ali Mansur was standing with his arms outstretched reaching for the LT's gun and not seated on a rock when the shooting occurred. Because the military hid that information from defense lawyers, they could not call the government's own expert to testify for 1LT Behenna. The jury convicted 1LT Behenna of unpremediated murder and gave him a sentence of 25 years. 1LT Behenna’s only recourse to correct the government’s Brady violation is to appeal the verdict and sentence to an appellate court. Until that occurs 1LT Behenna will be confined to prison.

Awareness
The email from Dr. MacDonnell, the governments expert, to the prosecuting attorneys telling them ‘in the interest of justice’ to advise the defense of his conclusion that Lt Behenna was telling the truth. This evidence is considered ‘exculpatory’ and is required to be turned over to the defense as soon as the government learns of it. This email was received by the defense team AFTER the verdict.

This blog is to raise awareness that 1LT Michael Behenna did not receive a fair trial. We are here to bring justice to Michael Behenna and others in the same situation. Let's protect our future hero's!

I will update this blog as things come up. Micheal needs our help now more than ever. Please tell your friends, families, and anyone who will listen. Please help support in any way you can.

For the full story and a time line of the events go to www.DefendMichael.com

Other sites are:

http://www.facebook.com/home.php?ref=home#/group.php?gid=59708178321&ref=ts

http://twitter.com/DefendMichael

Michael, I Love you always
Shannon