Fw: Court Agrees To Hear Michael Behenna's Appeal - small victory

["Don Greenlaw" <dgreenlaw@cox.net>]

Forwarded. This is good news. In my
personal opinion, Lt. Behenna's GCM
was another set-up, as was Sgt Hutchins
GCM in 2007 and a new one, (SSgt Wuterich)
is now under way at CamPen. All of these
cases, to appease the very corrupt Iraqi gov't.
Why don't we all stand up and tell the Iraqi's
to get ------.

Semper fi,
Don Greenlaw
----- Original Message ----- 
From: Dave Hollenbeck
To: undisclosed-recipients:
Sent: Saturday, January 14, 2012 5:03 AM
Subject: Court Agrees To Hear Michael Behenna's Appeal - small victory





http://www.newson6.com/story/16518312/court-agrees-to-hear-michael-behenna-case

Court Agrees To Hear Michael Behenna's Appeal


Posted: Jan 13, 2012  By Chris McKinnon, News 9


OKLAHOMA CITY -





     http://www.newson6.com/story/16518312/court-agrees-to-hear-michael-behenna-case

     Court Agrees To Hear Michael Behenna's Appeal


     Posted: Jan 13, 2012  By Chris McKinnon, News 9


     OKLAHOMA CITY - The family of an Edmond soldier convicted of murdering 
an Iraqi while fighting overseas received good news Friday morning. The 
highest military appeals court decided to hear Lieutenant Michael Behenna's 
case.

     His mother said it was a small victory but a lot of work still needs 
to be done.

     "We're not out of the woods yet," said Vicki Behenna. "This is just an 
agreement to hear his case."

     Michael Behenna had not even heard the news Friday. He is serving his 
15-year sentence in the Fort Leavenworth, Kansas, prison.

     1/13/12 Related Story: Top Military Court To Hear Appeal Of Edmond 
Soldier

     This appeal could overturn that conviction and the sentence for 
killing Ali Mansur in 2008.

     Behenna previously testified he shot in self-defense when Ali Mansur 
reached out for his gun.

     Prosecutors argued that Behenna killed Mansur by shooting him in the 
head, execution style.

     "Those shots are horizontal and parallel to each other, inconsistent 
with the fact that I'm standing above you, you're seated on a rock and I'm 
shooting down to your head," explained Vickie Behenna.

     Vicki Behenna said the jury did not hear key testimony from 
prosecutors' own forensic expert.

     "When the government's own forensic expert tells them, ‘Your theory is 
wrong. It's not an execution. I believe that Mansur was standing at the time 
he was shot, that this was the first shot. It was not a shot to the head. As 
he fell to the ground, the second shot occurred,'" said Behenna as she 
recalled. "That evidence didn't get to the jury."

     Behenna, a prosecutor herself, explained this omission of testimony 
was a violation of the Brady Rule which states that all evidence a 
prosecutor has that may negate the defendant's guilt, must be presented. She 
said that omission of evidence is enough to overturn the conviction.

     "The jury didn't hear that both experts, defense and prosecution 
experts, agreed that the man was coming towards [Michael] when he got shot," 
she said.

     Behenna's mother said the defense team will now focus on the Brady 
Rule during the appeal Until then, she said Michael would have to wait in 
his prison cell.

     "I was so afraid that Michael would become angry and bitter and give 
up," she said. "But he hasn't."

     Michael was not aware of the good news Friday since he can only 
communicate by letters or face-to-face. Vickie said she would go to Fort 
Leavenworth on Saturday to deliver the good news.

     She said they do not expect a ruling on the appeal until late summer 
or early fall. They now have 30 to 60 days to file a brief, then the 
government has 30 to 60 days to respond before the court even hears the 
case.