Mark Schlachtenhaufen

EDMOND — A clemency hearing is scheduled for Jan. 7 in Washington, D.C., for an Edmond soldier who contends he was wrongfully convicted in the killing of an Iraqi citizen.

In related developments, federal prosecutor Vicki Behenna, of Edmond, said she and others will travel to the capital during the first week of December to meet with lawmakers and anyone else willing to hear her son’s story.

Behenna is the mother of 1st Lt. Michael Behenna, of Edmond, sentenced to 25 years in prison in March for killing Ali Mansur. In April 2008, the Iraqi citizen was suspected of having organized an attack on Behenna’s platoon. Two U.S. soldiers were killed during the attack.

Army intelligence ordered Mansur’s release and Behenna was ordered to return him 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. He is serving a 20-year sentence at the Disciplinary Barracks at Fort Leavenworth, Kan.

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, according to documents later released to the defense.

Vicki Behenna, a federal prosecutor, said her family is handling the clemency process in her son’s case while Jack Zimmermann and his team of lawyers are handling the appeal. Behenna said the clemency hearing, under the purview of the secretary of the Army, is separate from and runs parallel to her son’s legal appeal seeking to have his conviction reversed and a new trial in which all the evidence finally can be heard.

Zimmermann said his team is continuing to prepare for a Dec. 24 deadline for filing appeal-related papers. After several rounds of responses a date will be set for oral arguments, likely sometime this spring, he said.

Behenna said she is going to Washington to educate lawmakers who may not be aware that U.S. soldiers are being prosecuted in cases similar to her son’s. She has been interviewed numerous times by various media outlets.

“I won’t stop until he’s home,” she said.

Oklahoma’s congressional delegation sent a letter to the Fort Leavenworth commandant in conjunction with last month’s preliminary clemency hearing. The lawmakers asked the board to consider not only the nature and circumstances of the case, and to ensure that any sentence adjudged be consistent with the crime for which Behenna was convicted.

Behenna said her son has written thank you letters to the lawmakers and others who have written to him. She said Michael is thinking positively about the future and keeps busy reading and learning languages.

“He seems very at peace. He seems very grounded,” she said.

With the holidays on the horizon, Behenna urged supporters to send Christmas cards to Michael Behenna. For the address and more information about Michael’s story, visit defendmichael.wordpress.com.

marks@edmondsun.com | 341-2121, ext. 102