Soldier gets life in Iraqi rape, murder case

[one...two...tree 2,762]

By Ryan Lenz

Associated Press

FORT CAMPBELL, Ky. - A soldier was sentenced Thursday to 90 years in prison with the possibility of parole for conspiring to rape a 14-year-old Iraqi girl and kill her and her family.

Spc. James P. Barker, one of four Fort Campbell soldiers accused in the March 12 rape and killings, pleaded guilty Wednesday and agreed to testify against the others to avoid the death penalty.

"This court sentences you to be confined for the length of your natural life, with the eligibility of parole," said Lt. Col. Richard Anderson, the military judge presiding over the court-martial.

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Under the plea agreement, Barker got a life sentence but will not serve more than 90 years in prison, Anderson said. He will be eligible for parole in 20 years.

Barker, 23, showed no reaction when the sentence was read. Afterward, he smoked a cigarette outside as a military bailiff watched over him. He grinned but made no remarks as reporters passed by.

Earlier Thursday, Barker wept during his closing statement, accepted responsibility for the rape and killings and said violence he encountered left him "angry and mean" when it came to Iraqis.

"I want the people of Iraq to know that I did not go there to do the terrible things that I did," Barker said, his voice quivering as he began to weep. "I do not ask anyone to forgive me today."

After Barker's sentencing, military prosecutors declined to comment because three other soldiers have yet to be tried in the case. Defense attorneys planned a news conference.

Barker confessed Wednesday to the crimes as part of a plea agreement to avoid a possible death penalty that requires him to testify against the others.

In his closing statement, Barker said Iraq made him angry and violent.

"To live there, to survive there, I became angry and mean. The mean part of me made me strong on patrols. It made me brave in fire fights," Barker said. "I loved my friends, my fellow soldiers and my leaders, but I began to hate everyone else in Iraq."

During testimony intended to show the judge that Barker could be rehabilitated, Barker's fellow soldiers described weeks with little support and sleep while manning distant checkpoints.

Capt. William Fischbach, the lead prosecutor, told the court that such conditions were no excuse for Barker, who led the group to the family's house, and that no one deserved such unspeakable horrors.

"This burned-out corpse that used to be a 14-year-old girl never fired bullets or lobbed mortars," Fischbach said as he held pictures of the crime scene. "Society should not have to bear the risk of the accused among them ever again."

The killings in Mahmoudiya, a village about 20 miles south of Baghdad, were among the worst in a series of alleged attacks on civilians and other abuses by military personnel in Iraq.

The defendants are accused of burning the girl's body to conceal the crime.

Sgt. Paul E. Cortez, 24, and Pfc. Jesse V. Spielman, 22, members of the 101st Airborne Division along with Barker, have also been charged. Cortez has deferred entering a plea, and Spielman will be arraigned in December. Pfc. Bryan L. Howard, 19, also deferred entering a plea at his arraignment in October.

Private Steven Green, 21, pleaded not guilty last week to civilian charges including murder and sexual assault. He was discharged from the Army for a "personality disorder" before the allegations became known, and prosecutors have yet to say whether they will pursue the death penalty against him.

In earlier testimony, Barker described in detail how he raped Abeer Qassim al-Janabi with Cortez and Green before Green killed the girl, her younger sister and parents.

"Cortez pushed her to the ground. I went towards the top of her and kind of held her hands down while Cortez proceeded to lift her dress up," he said. "Around that time I heard shots coming from a room next door."

Howard, Cortez and Spielman could face the death penalty if convicted. Cortez and Spielman are both being held in confinement, and Howard is restricted to post.

Barker did not name Spielman and Howard as participants in the rape and murders but said Spielman was at the house when the assault took place and had come knowing what the others intended to do. Prosecutors on Thursday said Howard had been left behind at a checkpoint.

http://www.azcentral.com/news/articles/111...aying16-ON.html

[Ban Hammer 13,336]

ah yes, where were the naysayers from months ago saying they would get off scott free for this? 90 years....hope he enjoys his new home at the usdb

[Jenn! 918]

[Ban Hammer 13,336]

someone be so kind as to point out that news story to wom

[Hilarious Clinton 452]

Just was served.

[PalestineMyHeart 1,897]

someone be so kind as to point out that news story to wom

???

[Mirorgate 0]

Daniel-San.... they should hang him by the nads too... wouldnt you agree??

[Cristy 4]

That is great news. Pig.

[Ban Hammer 13,336]

someone be so kind as to point out that news story to wom

???

you don't recall your posts about this, ranting for justice? is 90 years good enough?

[Jasman0717 9]

ah yes, where were the naysayers from months ago saying they would get off scott free for this? 90 years....hope he enjoys his new home at the usdb

ditto

[PalestineMyHeart 1,897]

someone be so kind as to point out that news story to wom

???

you don't recall your posts about this, ranting for justice? is 90 years good enough?

"Ranting" for justice ?? Well... let's see... I posted a news report about the incident, and later commented in the thread:

Re: the punishment -- well that remains to be seen. Other trials of American servicemen have not always ended so "justly." But in the case that the accused soldiers are found guilty of this crime, let us all hope that justice will prevail this time.

Hmmmm.... hardly would qualify as a "rant" to most *reasonable* people.

Methinks you have perhaps confused me with another certain poster on that particular thread....

Anyways, as to the punishment here -- well, it certainly wasn't the maximum -- he pled to avoid the possibility of a death sentence. Yes, he got 90 years... but in actuality, he could be up for parole after only 20. It's not exactly a "life sentence." And *IF* he gets out after 20 (or worse, if they pull something like they did with Calley) ... well, it isn't much for the murder of 3 people (not to mention the rape and coverup that went along with it.)

But that's the way the plea bargain cookie crumbles... they want his testimony to help nail the others. We'll see what happens next.

[AnaAndDaniel 0]

Daniel-San.... they should hang him by the nads too... wouldnt you agree??

an then tas his nads!

Daniel

:energetic:

[Ban Hammer 13,336]

someone be so kind as to point out that news story to wom

???

you don't recall your posts about this, ranting for justice? is 90 years good enough?

"Ranting" for justice ?? Well... let's see... I posted a news report about the incident, and later commented in the thread:

Re: the punishment -- well that remains to be seen. Other trials of American servicemen have not always ended so "justly." But in the case that the accused soldiers are found guilty of this crime, let us all hope that justice will prevail this time.

Hmmmm.... hardly would qualify as a "rant" to most *reasonable* people.

Methinks you have perhaps confused me with another certain poster on that particular thread....

Anyways, as to the punishment here -- well, it certainly wasn't the maximum -- he pled to avoid the possibility of a death sentence. Yes, he got 90 years... but in actuality, he could be up for parole after only 20. It's not exactly a "life sentence." And *IF* he gets out after 20 (or worse, if they pull something like they did with Calley) ... well, it isn't much for the murder of 3 people (not to mention the rape and coverup that went along with it.)

But that's the way the plea bargain cookie crumbles... they want his testimony to help nail the others. We'll see what happens next.

so 90 years is not good enough, with possibility of parole at 20 (odds are that won't happen, btw)

ah let's see here

Justice will be served.

As it was after My Lai ?

a comparison that don't fit, eh

Edited November 17, 2006 by charlesandnessa

[PalestineMyHeart 1,897]

someone be so kind as to point out that news story to wom

???

you don't recall your posts about this, ranting for justice? is 90 years good enough?

"Ranting" for justice ?? Well... let's see... I posted a news report about the incident, and later commented in the thread:

Re: the punishment -- well that remains to be seen. Other trials of American servicemen have not always ended so "justly." But in the case that the accused soldiers are found guilty of this crime, let us all hope that justice will prevail this time.

Hmmmm.... hardly would qualify as a "rant" to most *reasonable* people.

Methinks you have perhaps confused me with another certain poster on that particular thread....

Anyways, as to the punishment here -- well, it certainly wasn't the maximum -- he pled to avoid the possibility of a death sentence. Yes, he got 90 years... but in actuality, he could be up for parole after only 20. It's not exactly a "life sentence." And *IF* he gets out after 20 (or worse, if they pull something like they did with Calley) ... well, it isn't much for the murder of 3 people (not to mention the rape and coverup that went along with it.)

But that's the way the plea bargain cookie crumbles... they want his testimony to help nail the others. We'll see what happens next.

so 90 years is not good enough, with possibility of parole at 20 (odds are that won't happen, btw)

ah let's see here

Justice will be served.

As it was after My Lai ?

a comparison that don't fit, eh

Where's the rant ?

[Ban Hammer 13,336]

someone be so kind as to point out that news story to wom

???

you don't recall your posts about this, ranting for justice? is 90 years good enough?

"Ranting" for justice ?? Well... let's see... I posted a news report about the incident, and later commented in the thread:

Re: the punishment -- well that remains to be seen. Other trials of American servicemen have not always ended so "justly." But in the case that the accused soldiers are found guilty of this crime, let us all hope that justice will prevail this time.

Hmmmm.... hardly would qualify as a "rant" to most *reasonable* people.

Methinks you have perhaps confused me with another certain poster on that particular thread....

Anyways, as to the punishment here -- well, it certainly wasn't the maximum -- he pled to avoid the possibility of a death sentence. Yes, he got 90 years... but in actuality, he could be up for parole after only 20. It's not exactly a "life sentence." And *IF* he gets out after 20 (or worse, if they pull something like they did with Calley) ... well, it isn't much for the murder of 3 people (not to mention the rape and coverup that went along with it.)

But that's the way the plea bargain cookie crumbles... they want his testimony to help nail the others. We'll see what happens next.

so 90 years is not good enough, with possibility of parole at 20 (odds are that won't happen, btw)

ah let's see here

Justice will be served.

As it was after My Lai ?

a comparison that don't fit, eh

Where's the rant ?

so i had you mistaken for vp.........

hard to tell the difference with veils on