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October 16, 2009

Lawmakers urge care in Behenna case

Mark Schlachtenhaufen

EDMOND — Members of Oklahoma’s congressional delegation Thursday appealed to a military panel for a careful review in the case of an Edmond soldier seeking clemency.

The lawmakers sent a letter dated Oct. 14 to the commandant of the United States Disciplinary Barracks at Fort Leavenworth, Kan., as the Army Clemency and Parole Board begins consideration of 1st Lt. Michael Behenna’s clemency request.

Behenna, of Edmond, was convicted in March of unpremeditated murder while serving in Iraq. Behenna was sentenced to 25 years in prison. Behenna’s mother, Vicki Behenna, of Edmond, said a hearing related to the clemency process was scheduled for Oct. 15 at Fort Leavenworth, with a second coming in December in Washington.

Michael Behenna’s attorneys are also seeking a new trial. A judge has set a Dec. 24 due date for both sides to file briefs in connection with the appeals process.

Previous cases of similar or more aggravating circumstances, in which the defendants were found guilty of premeditated murder, have resulted in less severe sentences, the letter stated. That prompted the delegation’s appeal to the clemency board for a careful review of Behenna’s case and relevant precedent.

The letter was signed by U.S. Sen. James Inhofe, R-Tulsa, U.S. Sen. Tom Coburn, R-Muskogee, U.S. Rep. Mary Fallin, R-Oklahoma City, U.S. Rep. Frank Lucas, R-Cheyenne, U.S. Rep. John Sullivan, R-Tulsa, U.S. Rep. Tom Cole, R-Moore, and U.S. Rep. Dan Boren, R-Muskogee.

“We have the utmost respect for the U.S. Army, its institutions, and its commitment to justice and the welfare of American soldiers,” the lawmakers wrote. “We also take great pride in the fact that all men and women in uniform are afforded every opportunity for a fair trial.”

The lawmakers asked the board to consider not only the nature and circumstances of the case, but also to ensure that any sentence adjudged be consistent with the crime for which Behenna was convicted.

Vicki Behenna has been an advocate for her son. She said she is grateful and humbled by the show of support from the Oklahoma congressional delegation and Americans at home and abroad.

“We’re so grateful for that,” she said Thursday. “All we want is our son home.”

Fallin said she was grateful for Behenna’s service to the country and she hoped the circumstances of the case are carefully evaluated by the clemency board during the process.

“We must ensure the Uniform Military Code of Justice is applied fairly for all of our service men and women and that when discrepancies arise we examine the circumstances as carefully as possible,” Fallin said.

Fallin said since Behenna’s case was brought to her attention, she has not made any presumptions about guilt or innocence.

“Our only concern has been the due process and the fair and equitable distribution of justice for our service men and women,” Fallin said.

Cole said like all American citizens Behenna deserves fair and impartial justice. He said as the board moves forward he urges them to base their decisions on the unique circumstances of this case.

“Behenna’s sentence, if he’s guilty at all, should be appropriate to what he is convicted of, not unduly excessive due to political or public pressure,” Cole said. “I urge the clemency board to move forward thoughtfully.”

On March 20, Behenna was sentenced to 25 years in prison for killing Ali Mansur. Mansur was suspected of having organized an attack on Behenna’s platoon in which two U.S. soldiers were killed in April 2008.

Army intelligence ordered Mansur’s release and Behenna was ordered to return the Iraqi citizen to his home. Behenna contends that during the return trip, he questioned Mansur, seeking information about other members of a terror cell and financial supporters, and that he killed Mansur in self defense.

The government prosecuted Behenna for premeditated murder and convicted him on a lesser charge.

Behenna and his lawyers say the government omitted crucial evidence during the trial. Family members point out that when defense attorney Jack Zimmermann asked prosecutors if they had any exculpatory evidence that should be provided to the defense, prosecutors denied having any such evidence.

Prosecutors were allowed to argue that Mansur was shot and killed while seated, when the government’s own forensic expert, Dr. Herbert MacDonell, concluded that Mansur was standing with his arms outstretched.



marks@edmondsun.com | 341-2121, ext. 108

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