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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.