OKLAHOMA CITY -
The family of
Edmond Soldier, Army Lt. Michael Behenna says they're not giving up the fight
for his freedom.
The military's
highest court upheld Behenna's murder conviction for killing an Iraqi prison
detainee.
Justices agreed with
Behenna's attorneys that prosecutors should have turned over evidence that
Behenna acted in self-defense and instructions given to jurors were erroneous. But
in a split decision, 3 to 2, a majority of justices said those errors did not
affect the final outcome of the trial.
"It was not the
decision we were looking for," said Behenna's mother, Vicki.
Family members had
hoped they would be having a press conference to welcome Behenna home. Instead,
the military's highest court upheld his 2009 un-premeditated murder in a combat
zone conviction.
Behenna is serving
a 15-year prison sentence in Ft. Leavenworth, Kansas.
7/5/2012
Related Story: Conviction Upheld Against Edmond Soldier Accused Of Murder
"He's
disappointed, but his firm stance will help us fight though and continue to
lift him up," said Behenna's father, Scott.
Prosecutors say
Behenna took an Iraqi detainee to a culvert to question him about a roadside
bombing that killed two men under Behenna's command. Then Behenna shot the man
execution style.
Behenna maintains
he acted in self-defense.
The high court
ruled even if that was true, Behenna had no right to self-defense since he was
unauthorized when he brought the prisoner to the culvert.
"This case began
initially because the government thought Monsour was executed while he was sitting
on a rock. I don't believe anybody thinks [that is] the truth. The
issue now is that the man was coming toward Michael and whether Michael had the
right to defend himself," said Vicki Behenna.
It is an issue the
Behenna's say they will ask the court of appeals to reconsider as they were
only one vote away from having Michael back home.
"It's easy as a
mother and father. You never give up until the last decision is in. We
never give up," said Vicki Behenna.
Michael Behenna's
attorneys are also seeing if they can file a petition with U.S. Supreme
Court. And family members are sending out ‘thanks' to everyone in the
community who has supported them thus far.
The family of Edmond Soldier, Army Lt. Michael Behenna says they're not giving up the fight for his freedom.
Michael Behenna
