Tuesday, January 05, 2010

Prosecutorial Coverup Led To Wrongful Conviction Of US Soldier In Al Qaeda Death

Story here.

Emphasis mine.
The dispute arose because of the testimony prepared by Herbert MacDonell, a forensics expert who heads the Laboratory for Forensic Science in Corning, N.Y. Called by the prosecution, he concluded that Behenna's account of the situation was the truth, and prosecutors then did not have him testify.

They also declined to inform the defense of MacDonell's observations until after the conviction.

In an e-mail obtained by defense counsel after the trial was concluded, MacDonell wrote he was "concerned" he was not allowed to testify "and have a chance to inform the court of the only logical explanation for this shooting."

He said, "As I demonstrated to you and to the other two prosecutors, Dr. Berg, Sgt. McCaulley, and Sgt. Rogers, from the evidence I feel that Ali Mansur had to have been shot in his chest when he was standing. As he dropped straight down he was shot again at the very instant that his head passed in front of the muzzle.

"Admittedly, this would be an amazing coincidence, however, it fits the facts and … I cannot think of a more logical explanation," he continued.
Obviously, the only party who did wrong here is the Prosecution, who obviously hates American soldiers!

I wonder who are the Prosecution.  Are they Left-Wing Extremists, The Enemy Within?  Of course it's possible, and obvious to the astute observer, that the justice system in America is full of corrupt, unscrupulous ideological extremists.  One need only add up all the evidence of wrongdoing on the part of so many players... prosecution, defence, judges, the DOJ, etc...  Politics, ideology and agenda plays a huge role, obviously.

The conviction must obviously be overturned.  The forensic expert's testimony is critical, and the Prosecution, in covering it up until after getting a conviction, is clearly guilty of wilful misconduct and must face appropriate consequences.

1 comment:

joe six-pack said...

I do not know the details of this case. I would like to comment on a general issue of this type.

By making 'terrorists' criminals instead of 'illegal combatants', we are placing our soldiers in a very difficult position.

I would expect to see fewer prisoners taken in this war today simply because if they are handled as civilian crooks, they can get off fairly easily. A soldier who knows what a 'potential prisoner' is and has been doing will be reluctant to stop and make that person a prisoner instead of just finishing the job there and then.

We lose in two ways. First, our soldiers become less likely to hold back. Disclipline is important in the military and this is a counterforce that should be avoided. Second, we lose the information that may be gained by taking this person prisoner and having 'him' interviewed properly.