Fw: Great News: Military's Highest Appellate Court to Hear Michael's Case

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

Forwarded. From what I can
determine, tthis is the type
Board that will be reviewing
Sgt Hutchins case.

Semper fi,
Don Greenlaw
----- Original Message ----- 
From: Defend Michael
To: dgreenlaw@cox.net
Sent: Tuesday, January 17, 2012 5:09 AM
Subject: Great News: Military's Highest Appellate Court to Hear Michael's 
Case



To the thousands of supporters of 1Lt Michael Behenna,

Great news as the Court of Appeals of the Armed Forces (CAAF) has agreed to 
hear issues in Michaelâs case.  Specifically the CAAF will be reviewing the 
Brady Violation (prosecutors non-disclosure of favorable evidence) and the 
Military Judgeâs faulty self-defense instruction to the jury. Your many 
prayers of discernment have been answered and we are so grateful because the 
CAAF was our last chance to have Michaelâs conviction overturned.  It is 
important to note that the CAAF hears very few cases each year and 
fortunately Michaelâs case will be one of them.

The time line for the appellate process begins with Michaelâs attorney 
filing a brief on the two focused issues within 30-60 days and then the 
Military will respond in roughly the same amount of time. The CAAF can then 
set oral argument in Washington, DC and a decision thereafter. It is our 
hope that we could get a favorable decision by late summer. That seems like 
a long time, but it is a relatively compact time frame for an appellate 
process.  Iâve included some media links below if you would like to learn 
more about the CAAF acceptance of Michaelâs case:

http://www.okcfox.com/newsroom/top_stories/videos/kokh_vid_4587.shtml

http://www.news9.com/story/16518312/court-agrees-to-hear-michael-behenna-case

http://mccarvillereport.com/archives/1026

http://mccarvillereport.com/archives/1011

On a much more somber note we received very disappointing news that the Army 
Clemency Board denied Michaelâs annual request for Clemency (reduction in 
his sentence).  We presented Michaelâs case before the Army Clemency and 
Parole Board on January 5, 2012 in Washington, DC. The Board consisted of 
three Colonels, an Army lawyer, and an Administrator who had previously 
served on the Board. We presented Michaelâs case to the Board for over an 
hour and primarily focused on the disparity of sentencing of Michaelâs case 
compared to all other unpremeditated military cases occurring in the Iraqi 
theater and how Michaelâs case had morphed from what the government 
originally tried as an execution to the current court rulings that Michael 
lost his right to defend himself.

Part of the duties of the Clemency Board is to create uniformity in 
disparate sentencing, so we presented seven other war zone unpremeditated 
murder cases to the Board to show that Michaelâs sentence of 15 years was 
substantially higher than the other Soldierâs sentences. The seven other 
Soldiers cases resulted in sentences ranging from 1-11 years, with an 
average of 6 years.  Unfortunately, the Board denied any Clemency to Michael 
and the ONLY suggestion they offered was that Michael in the future should 
stay out of trouble in prison.  This is such a sham as Michael has been a 
model prisoner for almost 3 years, is teaching himself Spanish, and has read 
several hundred books on philosophy, politics, religion, and current events. 
Michael is not a threat to anyone and could easily assimilate into society 
if he were released.

We plan on writing to the Assistant Secretary of the Army Catherine Mitrano 
concerning the denial and failure to provide any constructive plan for what 
is expected of Michael to receive Clemency. We know that many of you wrote 
letters to Mitrano in support of Michaelâs Clemency.  Please consider 
drafting a short response to Mitrano expressing displeasure in the Board not 
granting Clemency to Michael whose sentence remains significantly higher 
than cases of a similar nature; and not outlining a plan for Michael to 
obtain Clemency in the future.  Her address is:

Deputy Assistant Secretary Catherine Mitrano

c/o Army Clemency and Parole Board

1901 South Bell Street

Arlington, VA 22202



So the fight continues for justice for Michael.  We are so thankful for all 
of your prayers and words of support.  Michael remains very positive through 
all of this and is very focused on making the most of his situation.  Please 
continue to send him your cards and letters as mail call remains his 
favorite time of the day!

Yours in the fight for justice,

Scott & Vicki Behenna

http://www.defendmichael.com


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