Families seek justice for soldiers
Leavenworth ? As major U.S. combat operations in Iraq end, some families of soldiers and Marines convicted of crimes during battle hope the nation doesn’t forget their sons.
The men, known as the “Leavenworth 10,” were convicted by military courts for the murder of Iraqis over the past seven years. They’re serving sentences, which range from 10 to 40 years, at Fort Leavenworth. But their families say it’s all an injustice and want other Americans to share their outrage over what happened to their loved ones.
“For a soldier not to get any benefit of the doubt for serving their country, it’s a horrible situation,” said Vicki Behenna, whose son is serving time at Fort Leavenworth. “Unless you see your men die in battle and don’t know where the next (bomb) is coming from, I think it’s unfair for us to second-guess their actions.”
Today, the families led by Vicki and her husband, Scott Behenna of Edmond, Okla., are holding a motorcycle rally in Leavenworth to help raise awareness about the men’s cases.
Names of Leavenworth 10 inmates
The 10 cases at issue in today’s “Leavenworth 10” rally being held near the U.S. Disciplinary Barracks located at Fort Leavenworth, Kan.
• 1st Lt. Michael Behenna, of Edmond, Okla., 101st Airborne Division, charged with murdering an Iraqi detainee May 2008 whom he thought was responsible for planting a bomb that killed fellow soldiers. Behenna was convicted on Feb. 28, 2009, and sentenced to 15 years in prison.
• Pfc. Corey R. Clagett, of Moncks Corner, S.C., 101st Airborne Division, charged with murdering three Iraqi detainees and covering the incident up in May 2006. Clagett was convicted on Jan. 25, 2007, and sentenced to 18 years in prison.
• Staff Sgt. Raymond Girouard, of Sweetwater, Tenn., 101st Airborne Division, charged along with Clagett with murdering three Iraqi detainees and covering the incident up in May 2006. Girouard was convicted on March 19, 2007. He was sentenced to 10 years in prison and paroled in October 2009.
• Spc. William B. Hunsaker, of Warrensburg, Mo., 101st Airborne Division, charged along with Clagett and Girouard with murdering three Iraqi detainees and covering the incident up in May 2006. Hunsaker was convicted on Jan. 11, 2007, and sentenced to 18 years in prison.
• Master Sgt. John Hatley, Decatur, Texas, 1st Infantry Division, charged with murdering four Iraqi prisoners who were bound, blindfolded, shot in the head and dumped in a Baghdad canal in 2007. Hatley was convicted on April 16, 2009, and sentenced to 40 years in prison.
• Sgt. Michael Leahy Jr., of Lockport, Ill., 1st Infantry Division, charged along with Hatley with murdering four Iraqi prisoners who were bound, blindfolded, shot in the head and dumped in a Baghdad canal in the spring 2007. Leahy was convicted on Feb. 20, 2009, and sentenced to 20 years in prison.
• Sgt. 1st Class Joseph Mayo, of Fort Bragg, N.C., 1st Infantry Division, charged with Hatley and Leahy with murdering four Iraqi prisoners who were bound, blindfolded, shot in the head and dumped in a Baghdad canal in 2007. Mayo was convicted on March 30, 2009, and sentenced to 20 years in prison.
• Marine Sgt. Lawrence Hutchins III, of Manomet, Mass., 1st Marine Division, charged with killing an unarmed Iraqi in 2006. Hutchins was convicted on Aug. 3, 2007, and sentenced to 11 years in prison. He was released to the U.S. Marine Corps May 2010, after an appeals court threw out his sentence because his military attorney had retired before his court-martial began. He was returned to duty with his unit, but the Navy is appealing the case.
• Sgt. Evan Vela, of St. Anthony, Idaho, 25th Infantry Division, charged with murdering an unarmed Iraqi civilian and planting evidence on his body in May 2007. Vela was convicted on Feb. 10, 2008, and sentenced to 10 years in prison.
• Sgt. Michael Williams, of Memphis, Tenn., 1st Armored Division, charged with murdering an unarmed Iraqis in Sadr City in September 2004. Williams was convicted on May 13, 2005, and sentenced to 20 years in prison.
Victims of injustice
The soldiers and Marines were convicted for actions during a span in the Iraq war when conditions were extreme. Mounting U.S. casualties amid attacks from insurgents, foreign terrorists and rival Shiite and Sunni religious factions led to intense fighting. The violence led to changes in U.S. tactics and a surge of troops in 2007 to stanch civilian and military deaths.
The conduct of U.S. soldiers and Marines in the conflicts came under scrutiny after reports surfaced of abuse and torture of detainees at the Abu Ghraib prison.
The Behennas say the “Leavenworth 10” are victims of injustice who were caught up in changing military policies and frustrated by seeing their buddies wounded and killed.
But former military prosecutor Michelle McCluer says commanders, who decide to file such charges against soldiers, and court martial juries that issue verdicts and sentences, are familiar with the “fog of war” or stress of combat. They take all of that into account when deciding how to handle cases.
Leavenworth inmates
At the facility in Fort Leavenworth, about 20 miles northwest of Kansas City, Mo., all the inmates have been sentenced to at least five years. Soldiers who receive lighter sentences serve their time at other facilities across the country.
Two of the 10 have been released. In one of the remaining cases, 1st Lt. Michael Behenna was guilty of taking a detainee in May 2008 to a secluded railroad culvert and shooting him execution-style after interrogating the man at gunpoint.
Michael Behenna claimed he was defending himself after the man reached for his gun. He said he defied orders to release the detainee because he wanted to question him again, believing he had a role in planting a bomb that killed two of his men a month earlier.
His sentence was cut from 25 years to 15 years and he is eligible for parole after serving a third of the time.
Military prosecutors in Behenna’s case refused to comment and referred questions to the Pentagon. Army spokesman Col. Tom Collins would only say that the military court system is fair and everyone’s entitled to file appeals.
Vicki Behenna said most Americans have no clue the pressures soldiers face in war, but hopes more will understand and help seek justice.
“You don’t know you how you would react,” she said.





