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The Massacre of Mahmudiya - The Rape and Murder of Abeer Qassim Hamsa

Background

The Accused

Media Reports

Steven Green Case File

Military Tribunals

Photo Credits

 

Newest media report: Ky. Judge Sets Hearing in Iraqi Slaying Case (15/10/2008/Associated Press)

Newest legal document: Order (16/10/2008/U.S. vs. Steven Green)

Newest military report: “Dear Mr. Wolff: …” (26/6/2007/U.S. Department of the Army)

 

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Passport of victim Abeer Qassim Hamsa

Background - Mahmudiya, March 12th, 2006

 

“Fifteen-year-old Abeer Qasim Hamza was afraid, her mother confided in a neighbor. As pretty as she was young, the girl had attracted the unwelcome attention of U.S. soldiers manning a checkpoint that the girl had to pass through almost daily in their village in the south-central city of Mahmudiyah, her mother told the neighbor.

 

“Abeer told her mother again and again in her last days that the soldiers had made advances toward her, a neighbor, Omar Janabi, said this weekend, recounting a conversation he said he had with the girl’s mother, Fakhriyah, on March 10. Fakhriyah feared that the Americans might come for her daughter at night, at their home. She asked her neighbor if Abeer might sleep at his house, with the women there. Janabi said he agreed. Then, ‘I tried to reassure her, remove some of her fear,’ Janabi said. ‘I told her, the Americans would not do such a thing.’

 

“Abeer did not live to take up the offer of shelter. Instead, attackers came to the girl’s house the next day, apparently separating Abeer from her mother, father and young sister. Janabi and others knowledgeable about the incident said they believed that the attackers raped Abeer in another room. Medical officials who handled the bodies also said the girl had been raped, but they did not elaborate. Before leaving, the attackers fatally shot the four family members - two of Abeer’s brothers had been away at school - and attempted to set Abeer’s body on fire, according to Janabi, another neighbor who spoke on condition of anonymity, the mayor of Mahmudiyah and a hospital administrator with knowledge of the case. […]”

 

Excerpt from an article by the Washington Post from July 3rd, 2006.

 

Steven Green - The Accused

“’I came over here because I wanted to kill people.’ - Over a mess-tent dinner of turkey cutlets, the bony-faced 21-year-old private from West Texas looked right at me as he talked about killing Iraqis with casual indifference. […] ‘The truth is, it wasn’t all I thought it was cracked up to be. I mean, I thought killing somebody would be this life-changing experience. And then I did it, and I was like, ‘All right, whatever.’ He shrugged. ‘I shot a guy who wouldn’t stop when we were out at a traffic checkpoint and it was like nothing,’ he went on. ‘Over here, killing people is like squashing an ant. I mean, you kill somebody and it's like ‘All right, let’s go get some pizza.’

“[... T]he private was Steven D. Green. The next time I saw him, in a front-page newspaper photograph five months later, he was standing outside a federal courthouse in North Carolina, where he had pled not guilty to charges of premeditated rape and murder. The brutal killing of a 14-year-old Iraqi girl and her family in Mahmudiyah that he was accused of had taken place just three weeks after we talked. […]”

Excerpt from an Washington Post article, July 30th, 2006.

Steven Dale Green with an AK-47 in a Texas motel

 

The Mahmudiya Photo & Video Archive

 

The Rape & Murder Scene in Mahmudiya - Short BBC Documentary from August 7th, 2006

The Mahmudiya Massacre Images - A Photo Series

 

The Mahmudiya Media Reports Archive

 

The 2008 Media Reports File

The 2007 Media Reports File

The 2006 Media Reports File

 

U.S. vs. Steven Green Case File

 

The 2008 Steven Green Case File

The 2007 Steven Green Case File

The 2006 Steven Green Case File

 

 

Recent Media Reports

 

October 15th, 2008 - Ky. Judge Sets Hearing in Iraqi Slaying Case

1 news article by the Associated Press

 

August 26th, 2008 - Judge Upholds Iraq Charges Against Former Soldier

1 news article by the Associated Press

 

July 29th, 2008 - Rulings Expected Soon in Former Fort Campbell Soldier’s Murder Case

1 news article by the Associated Press

 

May 15th, 2008 - Attorneys: Former Soldier May Use Insanity Defense

1 news article by the Associated Press

 

The 2008 Media Reports File

The 2007 Media Reports File

The 2006 Media Reports File

 

The Accused

Steven D. Green

Steven V. Spielman

Paul E. Cortez

Bryan L. Howard

 

More Images in the Mahmudiya Massacre Photo Series

 

Charges & Sentences in the Criminal Proceedings at the U.S. District Court for the Western District of Kentucky

Defendant

Pleading

Main Charges

Date of Trial

Steven Green

pleaded not guilty

premeditated murder, conspiracy, sexual abuse

April 27th, 2009

 

Case File: Criminal Proceedings against Steven D. Green

 

U.S. vs. Steven D. Green

U.S. District Court for the Western District of Kentucky

Case No.: 5:06-CR-00019-R (prior to November 3rd, 2006: 3:06 MJ 230)

 

Recent Proceedings & Filings

 

October 16th, 2008 - Order

 

“[…] This matter is before the Court on the motion of the United States for an extension of time to November 3, 2008 in which to: 1) respond to the Court’s Order requiring the United States to provide more specific victim impact information, and 2) to file any pretrial motions.

 

“The Court having considered the motion of the United States, there being no objection by the Defendant, and being otherwise sufficiently advised, it is ordered that the motion of the United States be and it is hereby granted. The United States has until November 3 to respond to: 1) respond to the Court’s Order requiring the United States to provide more specific victim impact information, and 2) to file any pretrial motions. […]”

 

October 7th, 2008 - Motion to Suppress Statements

 

“[…] Comes the Defendant, Steven Dale Green, by counsel, pursuant to the Fifth, Sixth, and Fourteenth Amendments of the United States Constitution and respectfully moves this Court to enter an order suppressing any and all statements the defendant allegedly made to law enforcement.

 

“In support of said motion, the defense states as follows: The defendant was arrested on June 30, 2006, in Nebo, North Carolina. The United States has stated that when the defendant was arrested, he informed law enforcement that he did not wish to speak with them without the presence of an attorney. After his arrest, the defendant was transported to a detention facility in Asheville, North Carolina, by FBI agents. The United States alleges that during this transport, the defendant made statements and ‘discussed topics’ with the agents related to this case.

 

“On July 3, 2006, the defendant was again transported by FBI agents, this time from the Asheville detention center to the Federal Courthouse in Charlotte, North Carolina. The United States alleges that on this date the defendant again made statements and ‘discussed topics’ related to the case with the agents.

 

“The United States has not alleged that law enforcement ever advised the defendant of his Miranda rights. Nevertheless, the defendant’s invocation of his right to counsel at the time of arrest prevented law enforcement from questioning him or engaging in the functional equivalent of questioning him without the aid of an attorney. As such, the defense challenges any statements the defendant allegedly made to law enforcement. The defense claims that such alleged statements were obtained in violation of Miranda v. Arizona, 384 U.S. 436 (1966), and Fifth and Sixth Amendments of the United States Constitution.

 

“Wherefore, the defendant respectfully requests a hearing on this motion and moves the Court to suppress any and all statements the defendant allegedly made to law enforcement. […]”

 

October 1st, 2008 - Motion to Preserve Agents’ Notes

 

“[…] Comes the Defendant, Steven Dale Green, by counsel, pursuant to the Fifth, Sixth, and Fourteenth Amendments and respectfully moves this Court to enter an order directing all government agents and all military and local investigative personnel involved in any aspect of this case to retain and preserve all notes made during the course of the investigation in this case.

 

“Specifically, defendant requests the preservation of all rough notes, memoranda, resumes, synopses, etc., which were taken as part of their investigation, whether or not the contents of the same were incorporated into any official records such as, but not limited to, FBI reports, military reports, Department of Defense reports, polygraph reports, and rough notes taken during both prepolygraph and post-polygraph interrogation.

 

“In addition, these rough, handwritten notes, resumes, synopses, etc., taken during the course of the investigation or while interviewing witnesses are potentially discoverable material at trial under the Jencks Act and are required to be preserved and produced even if these notes are not discoverable prior to trial. […]”

 

October 1st, 2008 - United States’ Motion for Extension of Time

 

“[…] Comes the United States of America, by counsel, and moves the Court for an extension of time in which the United States must file a response to the Court’s Order requiring the government to provide more specific information on the nature of the victim impact evidence the United States expects to introduce in the trial of this case. The United States is currently engaged in communication with the appropriate officials in the Iraqi government to obtain this information. Additional time is necessary for the United States to obtain the information necessary to respond to the Court’s Order.

 

“Because the United States received the expert witness disclosures from Green on September 15, 2008, it is requested that the United States be permitted an extension of time within which to file any pretrial motions related to this evidence.

 

“Wherefore, on the basis of the aforementioned matters, the United States respectfully requests an extension through November 3, 2008 to: 1) respond to the Court’s Order requiring the United States to provide more specific victim impact information, and 2) to file any pretrial motions. […]”

 

The 2008 Steven Green Case File

The 2007 Steven Green Case File

The 2006 Steven Green Case File

 

Charges & Sentences by the Military Tribunal at Fort Campbell

Defendant

Pleading

Main Charges

Sentences

Sentencing Dates

Paul Cortez

pleaded guilty

premeditated murder, conspiracy, rape

100 years confinement

February 22nd, 2007

James Barker

pleaded guilty

premeditated murder, conspiracy, rape

life sentence

November 15th, 2006

Jesse Spielman

pleaded not guilty

premeditated murder, conspiracy, rape

110 years confinement

August 4th, 2007

Bryan Howard

pleaded guilty

premeditated murder, conspiracy, rape

27 months confinement

March 21st, 2007

 

The Military Tribunals, Reports & Documents

June 26th, 2007 - “Dear Mr. Wolff: …”

Letter by the U.S. Department of the Army

 

“[…] Thank you for your May 10, 2007 letter to the Secretary of Defense and Secretary of the Army concerning consideration of a military court-martial for your client, the former Private First Class Steven Green. […]

 

“The proposed option, which would allow your client to voluntarily reenlist in the Army so that his criminal case could be pursued under the Uniform Code of Military Justice, has been carefully considered. However, the 101st Airborne Division (Air AssauIt) does not wish to pursue this course of action. […]”

 

May 10th, 2007 - Re: Former Army PFC Steven Green/SSN [redacted]

Letter by Darren C. Wolff

 

February 15th, 2007 - Re: Steven Green/SSN [redacted]

Letter by Darren C. Wolff

 

“[…] I appreciate you taking the time over the past few months to speak with me regarding former PFC Steven Green’s case. As one of his civilian defense attorneys, I want to reduce to writing what I have verbally discussed with you regarding the possibility of Mr. Green voluntarily re-enlisting in the Army in order to subject himself to the military justice system. At this time, Mr. Green’s civilian defense team would like to formally begin discussions regarding this issue and I encourage you to send this correspondence up the chain of command so action can be taken as necessary to ensure this possibility is thoroughly investigated.

 

“If an agreement is reached, Mr. Green will undoubtedly agree to testify truthfully at any proceedings involving the military co-accused. We can certainly discuss any further details of such an agreement should the Army express an interest in pursuing Mr. Green’s re-enlistment. […]”

 

November 16th, 2006 - 2nd Bde Soldier Sentenced

Press release by the Public Affairs Office, Fort Campbell, Kentucky

 

“[…] Spc. James Barker pleaded guilty Wednesday and was sentenced today on charges arising from incidents occurring at Yousifiyah, Iraq last March during the 101st Airborne Division’s deployment for Operation Iraqi Freedom.

 

“Barker was charged with premeditated murder, rape, conspiracy to commit premeditated murder and rape, conspiracy to obstruct justice, obstruction of justice, violating a lawful general order, arson and housebreaking. He pleaded guilty to all charges and specifications and the military judge subsequently found him guilty of all charges and specifications and sentenced him to life with eligibility for parole and a dishonorable discharge. […]”

 

November 13th, 2006 - 2nd Brigade Soldiers to be arraigned

Press release by the Public Affairs Office, Fort Campbell, Kentucky

 

October 18th, 2006 - Charges against 2nd Brigade Soldiers referred for general court-martial

Press release by the Public Affairs Office, Fort Campbell, Kentucky

 

September 4th, 2006 - Officials: ‘No Evidence’ Ties Dead Soldiers to Mahmudiyah Crimes

1 article by the American Forces Press Service

 

July 10th, 2006 - Four Soldiers Accused of Rape, Murder

1 article by the Coalition Forces Land Component Command

 

July 8th, 2006 - Charge Sheet of Jesse V. Spielman

Report by the U.S. Department of the Army

 

“[…] Specification 1: In that Private First Class Jesse V. Spielman, U.S. Army, did, at or near Yousifiyah, Iraq, between on or about 5 March 2006 and on or about 12 March 2006, conspire with Sergeant Paul Cortez, Specialist James Barker, Private First Class Bryan Howard and Private First Class Steven Green to commit offenses under the Uniform Code of Military Justice, to wit: rape and premeditated murder, and in order to effect the object of the conspiracy the said Private First Class Jesse Spielman, Sergeant Paul Cortez, Specialist James Baker, and Private First Class Steven Green did unlawfulfy enter the home of Kassirn Hamzah Rashid Al Janabi and commit the offenses of rape and murder therein.

 

“Specification 2: In that Private First Class Jesse V. Spielman, U.S. Army, did, at or near Yousifiyah, Iraq, on or about 12 March 2006, conspire with Specialist James Barker, Sergeant Paul Cortez and Private First Class Steven Green to commit an offense under the Uniform Code of Military Justice, to wit: obstruction of justice in the case of the said Private First Class Jesse V. Spielman, Specialist James Barker, Sergeant Paul Cortez, Private First Class Bryan Howard and Private First Class Steven Green with regard to the murders of Kassim Hamzah Rashid Al Janabi, Fakhriah Taha Mahsin Moussa Al Janabi, Abier Kassim Hamzah Rashid Al Janabi, and Hadeel Kassim Hamzah Rashid Al Janabi and the rape of Abier Kassim Hamzah Rashid Al Janabi and in order to effect the object of the conspiracy, the said Specialist James Barker, Sergeant Paul Cortez, Private First Class Jesse V. Spielman and Private First Class Steven Green did cause to be burned the body of Abier Kassim Hamzah Rashid Al Janabi, the said Specialist James Barker, Sergeant Paul Cortez, and Private First Class Steven Green did cause to be burned the clothes they wore during the aforementioned murders and rape, and the said Private First Class Jesse Spielman threw into a canal a firearm used to commit the aforementioned murders. […]”

 

July 8th, 2006 - Charge Sheet of Bryan L. Howard

Report by the U.S. Department of the Army

 

July 8th, 2006 - Charge Sheet of James P. Barker

Report by the U.S. Department of the Army

 

July 8th, 2006 - Charge Sheet of Paul E. Cortez

Report by the U.S. Department of the Army

 

May 16th, 2006 - Certificate of Discharge from Active Duty/Steven Dale Green

Report by the U.S. Department of the Army/Fort Campbell

 

“[…] 23. Type of Separation[:] Discharge

 

“24. Character of Service […][:] Honorable

 

“[…] 28. Narrative Reason for Separation[:] Personality Disorder […]”

 

December 9th, 2005 - Coalition Forces keep Streets of Iraq safe

1 article by the Army News Service

 

War Scenes from Mahmudiya

During U.S. invasion (2003)

U.S. army patrolling streets (2004)

The rape & murder scene (2006)

Photo Credits

Background

1) Passport of Abeer Qassim Hamsa - July 2006 - Mohammed Hato/Associated Press;

2) Steven Green in motel room - undated - Newsweek (August 7th, 2006 edition);

 

The Accused Series

1) Steven Green Mugshot - July 3rd, 2006 - Mecklenburg County Sheriff's Office;

2) Jesse V. Spielman as U.S. soldier - undated - Chambersburg Public Opinion;

3) Paul E. Cortez in highschool - 2000 - 'Centurion’ - Yearbook for Central High School in Barstow, California;

4) Bryan L. Howard - undated - Highschool yearbook;

 

War Scenes from Mahmudiya

1) The city during the U.S. invasion - April 2003 - CJ;

2) U.S. army patrol in Mahmudiya - 2004 - Khalid Mohammed/Associated Press;

3) Hussein Mohammed points to the floor where he found the body of Abeer - July 6th, 2006 - Ali Al-Mahmouri/Associated Press;

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