Defending Michael Behenna: American Hero

For those of you outside the state of Oklahoma, you may have not heard of 1st Lt Michael Behenna of the US Army’s 101st Airborne Division.  This is a story of injustice that needs to be told.  This story needs to be told over and over again until this patriot and hero is released and his honor restored.

In 2008, Lt Behenna was ordered to return an Al Qaeda operative to his home after interigation about suspected terrorist operation in the area.  Behenna was attacked by this piece of dirt and he ended up killing his prisoner in self defense.  This is nearly a month after Behenna’s buddies were attacked leaving 2 US soldiers dead and 2 more wounded.

In March of 2009, the US Army convicted Lt Behenna for the murder of Ali Mansur, the Al Qaeda operative that he had just questioned.  See the Defend Michael website for the entire story.  He was sentenced to 25 years in prison, which was later reduced to 15 years.

Below is a brief recap of Lt Behenna’s case.  I copied this directly from the Defend Michael website.

• September 2007: 1LT Michael Behenna deployed to Iraq for his first tour of combat.
• April 21, 2008, Al Qa’ida operatives attacked LT Behennaʼs platoon. The
• IED attack resulted in the death of two of LT Behennaʼs platoon members, two Iraqi citizens, and wounded two additional soldiers under LT Behennaʼs command.
• May 5, 2008: Based on information from US Army intelligence, LT Behenna’s platoon detained known terrorist Ali Mansur at his home for the attack on LT Behennaʼs platoon. Mansur had illegal weapons and a passport indicating trips to Syria.
• May 16, 2008: Without explanation, Army Intelligence ordered the release of Mansur.
• LT Behenna, who lost two members of his platoon just weeks earlier, was ordered to transport Mansur to his home.
• LT Behenna attempted a final field interview of Mansur prior to his release.
• During the interview, Mansur attacked LT Behenna, and LT Behenna reacted to defend himself by firing two shots which killed Mansur.
• July 2008: The U.S. Army charged LT Behenna with premeditated murder for the death of the Al Qa’ida operative and terrorist Ali Mansur
• February 23, 2009: 1Lt. Behennaʼs trial begins.
• Defense experts testify that Mansur was standing with his arm outstretched when shot.
• On the evening of February 25th, prosecution expert witness Dr. Herbert MacDonell told the prosecution attorneys the only logical explanation for what happened was that Mansur had to be standing, reaching for LT Behennaʼs gun when he was shot. This contradicted the prosecution’s theory that Mansur was executed while seated on a rock.
• On February 26th LT Behenna testified that while he was interrogating Mansur he turned his head towards his interpreter, and when he did, Mansur lunged for his gun. The LT fired a controlled pair of shots. This explanation was identical to what Dr. MacDonell told the prosecution team in a private meeting the night before.
• During a recess after 1LT Behennaʼs testimony, Dr. MacDonell met with the prosecution team and told them again that the LT’s testimony was exactly what he had demonstrated to Prosecutors the day before and that the LT must be telling the truth. The prosecutors sent Dr. MacDonell home to New York. Leaving the courtroom, Dr. MacDonell told defense counsel he would have made a great witness for LT Behenna.
• The defense counsel asked prosecutors if they have any exculpatory evidence about Dr. MacDonell, and the prosecutors denied possession of such evidence.
• In the prosecution’s closing arguments they argued LT Behennaʼs testimony that Mansur was reaching for his gun was “impossible” based upon the evidence (despite knowing that their own expert witness had told him it was the only logical explanation.)
• Later that Friday night a military panel of seven officers, none of whom had combat experience, convicted LT Behenna of unpremeditated murder and assault.
• After LT Behenna was convicted, but before sentencing, Dr. MacDonell sent an email to the prosecution team requesting that the information provided in his demonstration be turned over to the defense.
• A mistrial was requested by the LT’s defense counsel, but on March 20, the military judge denied both defense motions to declare a mistrial and to order a new trial.
• LT Behennaʼs attorneys are appealing the verdict based on the denial of a fair trial. An oral argument has been scheduled before the highest military court – The Court of Appeals of the Armed Forces – on 23 April 2012 in Washington D.C.
• LT Behenna is currently serving a 15-year sentence in Ft. Leavenworth (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.) The earliest he would be eligible for parole is after serving a third of his sentence. Without parole or a new trial Lt. Behenna will get out of prison for the shooting an Al Qaeda terrorist in self-defense when he is 40 years old.

According to a source close to the case, Ali Mansur was deceptive throughout the entire interegation process.   Why the command would order the release of a known terrorist who is unwilling to cooperate is beyond me.

Now, I have a question.  Why is an American soldier being treated this way and the “rights” of a known terrorist who kills Americans being protected?  Even if this wasn’t a case of self-defense, this man probably saved countless American soldiers’ lives by committing what the command called murder.  However, according to his family and expert witness Dr. Herbert MacDonell (he was an expert witness for the prosecution) this would have been a self-defense killing.  How was the prosecution able to pull this off?  Why did they have such a hard on to convict an American hero?  Trying to make a name for themselves, maybe?  Any of us in the military or civil service know that politics play a big role in promotions.

Now, the same source that told me Ali Mansur was deceptive clued me in on a few things, as far as why the prosecution was so zealous in this case.  After the Haditha and Abu Ghraib scandals, the US government wanted to assure the Iraqi leadership they would prosecute any crimes committed by US service members.  This was an attempt to get the Iraqis to sign the Status of Force Agreement (SOFA), which they did in November 2008.

Now I do not personally know anyone involved in this case, but I have been following it for a couple of reason.  One, the accused is an Army Ranger, and two, it seems he comes from a great family from what I gather reading and listening to interviews.  This is a major miscarriage on the justice system.  While our politicians are going around touting their achievements and why we should vote for them, none of them have spoken publicly about this or any similar cases in which our service men and women are unjustly accused and convicted of crimes based largely, I think, on political correctness and selfish promotion.

A Mother’s Fight

Assistant United States Attorney Vicki Behenna is Lt Michael Behenna’s mother.  She is leading the fight to clear this hero’s name and restore his freedom.  This family is obviously a close one that cares deeply for each other.  This is the type of family that every American family should be.

Now, most of you know my political leanings.  I do not know this family’s political leanings, but as I say on my show is that I don’t care what someone’s politics is.  What I care about is their constitutional rights and to make sure they aren’t violated.

Well, it looks as if Lt Behenna’s rights were violated.  You see, he wasn’t given a proper trial before a jury of his peers.  He is waiting on a decision from a panel of military judges to decide if this trial was done incorrectly.  This doesn’t mean freedom yet for Michael, but it is a start in the right direction.

Prayers and Support for Lt Michael Behenna

Please join me in praying for justice for Lt Behenna and his family.  You see, injustice like this doesn’t just affect one person; even if it did, we need to fix it.  It affects us all.  If the government can do this to one man, think what they can do to any of us they don’t like for whatever reason.  There are countless people sitting in prison right now for defending themselves.  What do they expect us to do?  Let our assailants kill us so that they may be prosecuted?  Right.  Need to see more?  Look at John McNeil.  This man was convicted of murder for defending his son and home before Georgia’s Stand Your Ground law.  The point is, this isn’t the first case in which a good man has been wrongly convicted.  We, as American citizens, cannot let this go on.  Write your Congressional representatives and Senators, your governor, you local media.  Tell them about the about the injustice levied against an American hero.  Don’t let up.  Keep the heat on and lets give this man his freedom and give this family their son back.

The Leavenworth 10

Lt Behenna is part of a group known as the Leavenworth 10.  This is a group of soldiers and Marines convicted of following orders and defending our country from terrorists.  These are men that few of us will ever be able to hold a candle to.  Read about them here and here to read more about them.

For anyone to be treated as these men have been is a shame; a black mark, on our country.  Political correctness and overly restrictive rules of engagement are to blame here.  All too often, our soldiers and Marines get shafted because of some whiny politically correct sack of crap decides he doesn’t like is going or they have some political agenda.

Get involved people, lets help this story have a happy ending.  Comment or email me with suggestions on how we can help Lt Behenna and the other men in the Leavenworth 10.

To Write to Lt Behenna

Send books, money orders and your letters of support to:

Michael Behenna #87503

1300 N. Warehouse Road

Fort Leavenworth, KS 66027-2304