A Travesty of Justice: The Prosecution of Lt. Michael Behenna

They stand between us and the unknown. The American soldier is the embodiment of the safety and security that keeps our nation free and peaceful. They are selfless, brave and proud. Duty, honor and country aren’t a mere catch phrase to these heroes, but they are a way of life.

One such hero heard the call of his country and answered it. Michael Behenna was a student at the University of Central Oklahoma when he joined the Army’s ROTC program after the September 11 attacks. According to his mother, Vicki, “[Michael] felt it was his obligation as a citizen to fight for his country. He wanted to drop out of college on a couple of occasions to enlist. We encouraged him to finish his degree and then join as an officer, which he did.” He was an Army Ranger in Iraq by 2007.

Michael, a natural leader, soon caught the eye of his superiors and was quickly promoted to the rank of first lieutenant. His mother pointed out that it was this inherent capability to lead that drew to him not only the men under his command, but his Iraqi interpreters and their families as well. He was invited on more than one occasion to have dinner with these families.

In April 2008, Lt. Behenna’s platoon lost two men, Sgt. Adam Kohlhaas and Spec. Steven Christofferson, in an IED attack. The following is an excerpt from Michael’s testimony in court.

“As I was running back to the truck, the dust and the smoke was dropping and I saw [pause] just [pause] just bodies. I saw several bodies laying there. I recognized and noticed my soldiers were laying there, my interpreter. Well, [pause] you know as the leader on the ground, I had to make the decision, you know, evaluate the situation that just happened.

“There’s bodies laying on the ground and I’ve got to send up a medevac report. I had to go around and see all of the casualties and I had to relay that message to my gunner, which my gunner was Private Bradford and he’s the one that actually sent in the medevac.

“I spent most of my time [pause]—I spent most of my time trying to give aid to my soldier. (Specialist Kohlhaas) [But also] the CLC (Concerned Local Citizens) members, one of them, his gut was cut open and he had some kind of metal stuck in there, stuck in his stomach. I mean, it was just, people were screaming. [Christofferson] was the furthest one to the west.

“I saw Christofferson, and he was [pause]—I knew he was dead by the time I saw him. He was cut in half. He was cut completely in half. We put the guys on the stretchers and put them on the two birds that showed up. After that, the QRF (Quick Reaction Force) responded down to that area, and they were picking up all of the stuff left behind, you know, the clothing, equipment.”

The attack left Lt. Behenna scarred and refusing to sleep. He told his mother that the screams of his men and the smell of burning diesel fuel awaited him in his dreams. He became withdrawn and began suffering flashbacks. It also fell to Michael to inform the families of their loved ones’ fate, complete the necessary paperwork required after an attack and to continue his duties as platoon leader. He was running on empty.

According to the Army’s own intelligence reports, one of the suspected perpetrators was a man named Ali Mansur, a member of the al Qaeda cell responsible for the attack on Lt. Behenna’s platoon. This name had also been reported to Lt. Behenna through the connections he had made with the anti-insurgent Iraqis throughout the community. It is reported that Mansur had personally threatened Lt. Behenna and his platoon via cell phone prior to the attack. Although Michael reported the threats to his command, a formal report was never issued.

Michael knew that Mansur needed to be detained for questioning and, through his prominent contacts in the Iraqi community, was soon told where to find the suspected insurgent. Mansur was captured in his home by members of the 5^th Platoon. Upon a search of the residence a mountain of evidence, including illegal weapons and a passport registering two trips to Syria, was found. Upon initial interrogation by Lt. Behenna, Mansur lied repeatedly – an indication that he had knowledge of terrorist operations against U.S. troops.

Mansur was then taken by the 5^th Platoon to COB Speicher and questioned. However, during the interrogation Mansur was asked only about the illegal weapons found in his home and where he was currently employed. Despite the efforts of Lt. Behenna, he was never asked about the threatening phone call to Lt. Behenna, the IED attack on the 5^th Platoon nor why there were two trips to Syria on his passport. He was interrogated on four different occasions, each time by a different intel officer and each time Army leadership failed to ask the pertinent questions. He was released to FOB Summerall after ten days.

The Army had an extensive file on Mansur, part of which was declassified for the trial. The intel report that I read clearly identifies Mansur as an al Qaeda operative responsible for the transportation and planting of IEDs. Michael was aware of this report but the interrogators at COB Speicher never received them.

While Mansur was being held at FOB Summerall pending release, Michael made his COC aware of the reports. Mansur was then interrogated again and finally gave information regarding insurgent activity in the region. To Lt. Behenna’s shock, Mansur was still going to be released, and Lt. Behenna was to be the one responsible for returning Mansur to his home.

Lt. Behenna, in one last ditch effort to protect his men, decided to interrogate Mansur en route to the detainee’s destination. He wanted to frighten Mansur into giving him the information that he withheld from his interrogators at COB Speicher and he decided to do so by pointing his weapon at the detainee. Lt. Behenna now says that was a “bad decision” even though his back was against the wall in regards to the safety of his men.

Mansur was led out near a culvert and stripped of his clothes by Lt. Behenna and SSG Mitch Warner, who later admitted to lying to investigators on at least two occasions. “Harry”, the Iraqi interpreter was also present. Mansur was then made to sit on a rock and face Lt. Behenna. Lt. Behenna then pulled out his sidearm, pointed it at Mansur and, through “Harry”, began the questioning. According to the translator, Mansur agreed to talk. While “Harry” was conveying this to Lt. Behenna, whose attention was momentarily diverted from Mansur, he was struck with a piece of concrete on his shoulder. Mansur had seen his opportunity, stood up and threw the projectile at Lt. Behenna who, relying on his training, fired his pistol in a “double tap”, hitting Mansur in the right arm pit and right temple.

SSG Warner says he ran up to the scene and insists that Lt. Behenna pointed his sidearm in his direction and told him to, “Throw it.” He testified that the hammer of Lt. Behenna’s sidearm was in the cocked position and he was afraid. However, the 9mm Glock is a semi-automatic and has an internal hammer, so Warner was either mistaken or lying. As soon as Lt. Behenna realized what had happened, he began walking away from the scene. He testified that he saw a flash and assumed that Warner had thrown an incendiary grenade.

What happened next is murky due to the conflicting testimony of the three men present at the scene. Warner says that Lt. Behenna told him to get rid of Mansur’s street clothes, although “Harry” says that it was Warner who told Lt. Behenna to hand the clothes over and he would take care of the rest.

Michael went on R&R two days later to Oklahoma. While he was on leave, Warner decided to tell his commanders his version of events to clear his conscience. Of course, this attack of conscience came only after the body of Mansur was discovered. In his attempt to soften the role he played, Warner told at least two lies to investigators. He and Lt. Behenna were both under investigation by the time Michael returned to Iraq.

The end result of the investigation was that Michael was charged with the premeditated murder of Ali Mansur. The government, under pressure from the Abu Ghraib scandal, was going to use any means at its disposal to make an example out of Lt. Behenna. The subsequent trial and conviction of this soldier is a clear case of this.

In the military panel selected to hear the case, there was not a single person with combat experience. Their inexperience on a battlefield was evident in the almost naïve questions they asked regarding why Lt. Behenna didn’t just “[do] some surveillance.” The prosecution also never presented physical evidence to back its claims of the way the shooting occurred. They had an expert witness, but his version of events matched Michael’s own and he was never put on the stand. The prosecution claimed that Mansur was shot while seated, but their own expert witness corroborated Michael’s claim that Mansur was standing with his arms outstretched.

The prosecution never told Michael’s defense team of the findings of its own expert witness. It was only after the doctor approached them did they discover that the government prosecutors had withheld the evidence which could have changed the course of the entire trial.

When the prosecution was forced, it finally turned over the evidence to the defense. They immediately filed a brief requesting a mistrial. And in another stunning miscarriage of justice, Judge Colonel Theodore Dixon decided that the affidavit had no merit and sided with the government.

1^st Lieutenant Michael Behenna was convicted of a lesser charge of unpremeditated murder and is currently serving his twenty year term in Fort Leavenworth penitentiary in Kansas. He spends his days working and his nights reading biographies and books on history, his college major. According to his mother, “His frame of mind is good. He is hopeful that the appellate court will reverse the conviction and he will get a new trial where Dr. MacDonell’s opinion will be told to the jury.”

Michael’s attorneys have filed another brief requesting a new trial. With all of the lies told by Warner, and the withholding of evidence by the prosecution, it seems common sense that a new trial would be granted.

As I have discovered in my investigation of the prosecution of soldiers for acts on the battlefield, common sense typically takes a backseat to political correctness and liberal ideals of justice.

People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

~George Orwell

We must protect these men that have so readily put their lives on the line to keep us safe and secure. If we don’t protect them, who will?