Court-Martial To Begin For Soldier Charged In Rape Of Girl, Death Of Her Family

Sunday, July 29th 2007, 7:44 pm

By: News On 6

EVANSVILLE, Ind. (AP) _ Spc. Jesse Spielman crept alongside three soldiers as they cut through wire fences to enter the home of a 14-year-old Iraqi girl, not knowing about the rape and murder that awaited, defense attorneys said.

It seemed another routine raid on a home in an area gripped by insurgents, said attorney Craig Carlson, who will defend Spielman against rape and murder charges at his court-martial Monday at Fort Campbell, Ky.

Spielman is not accused of raping and killing Abeer Qassim al-Janabi or slaying her family in March 2006 midway through a yearlong deployment for the Fort Campbell-based 101st Airborne Division.

Instead, prosecutors say he knew of the plan, did nothing to stop it once it began and touched the girl's nude body before the soldiers left, according to military charging documents released at the time of his arrest.

The documents also said Spielman was the only soldier wearing a military uniform when they entered the home. The others had changed into black nylon pants and shirts with cloth to cover their faces.

Attorneys say that difference illustrates Spielman's ignorance of what the others came to do.

Under military law, however, a soldier present when a crime occurs can be found guilty if prosecutors can establish the soldier had prior knowledge.

``We're confident that the soldiers (in the jury) will hear the evidence and render a fair and just verdict,'' Carlson said. He declined to discuss the specific evidence he will present during trial.

Three soldiers have pleaded guilty for their roles in the crimes and received sentences ranging from five to 100 years.

During their courts-martial, Spc. James P. Barker and Sgt. Paul E. Cortez testified they took turns raping the girl while then-Pfc. Steven D. Green shot and killed her mother, father and younger sister. Green, who is accused of being the ringleader, shot Abeer in the head after raping her, they said. The girl's body was then set on fire with kerosene to destroy the evidence, according to testimony and military documents.

Two of the soldiers told investigators Spielman, 22, of Chambersburg, Pa., knew of the plan to rape the girl in Mahmoudiya, a village 20 miles south of Baghdad, and was present when they hammered out details over swigs on a bottle of Iraqi whiskey.

Prosecutors also contend Spielman had a pattern of hostility toward Iraqis before the slaying.

During a hearing last month, a military judge said he would allow testimony during the court-martial that Spielman had participated in abusing Iraqi detainees during an earlier patrol.

``I don't care if they live or die,'' Pfc. Thomas Doss testified recalling Spielman say of three detainees. ``They will either support insurgents or breed insurgents. I want them dead.''

Green was discharged from the military before being charged and will face the possibility of the death penalty when he is tried in federal court in Kentucky. He has pleaded not guilty to charges including murder and sexual assault. No trial date has been set.

Barker, who pleaded guilty in November to rape and murder, said Spielman came to the home knowing of the plans. Pfc. Bryan L. Howard, who stayed at the checkpoint to monitor radios, testified during a hearing in March that he overheard Spielman and the others discuss the rape beforehand. Howard pleaded guilty to being an accessory to rape and murder. Cortez also pleaded guilty in the case.