The New York Times recently reported (see link below) that the US military has initiated a policy to “reintegrate” imprisoned Taliban fighters to their Afghan communities. These Taliban fighters were caught with evidence that they had killed our soldiers, but are released to their families in an active war zone with merely a ‘pledge’ that they will not return to the Taliban.  This appears to be the latest attempt to win the hearts and minds of our enemies and taking the ‘catch and release policy’ to a whole new level.

This brings us to Michael’s case.  Michael has been incarcerated by the Army for over a year now.    We have asked at every level that Michael’s constitutional right to a fair trial be granted so that all the evidence is disclosed to the jury.  Doesn’t seem too much to ask for an American citizen who fought for his country does it? Yet Michael’s request for a new trial has been stranded.  The Army seems to be in no hurry to have Michael’s case in front of the Army Court of Appeals as they have yet to file their response to Michael’s brief which was filed back in December 2009.

There is a double standard in play here where enemy combatants are given mercy, but our soldiers/Marines are denied mercy. For example, Marine SGT Larry Hutchins whose conviction was overturned several weeks by the Navy Appellate Court is STILL IN CUSTODY while the Navy appeals the decision to the next appellate level.

During the past year we have come to know the families of the other soldiers/Marines who have been charged and convicted of ‘murder’ of Al-Qaeda or insurgents while in a combat zone.  We have watched as these soldiers/Marines and their families prepare for clemency hearings before the military clemency boards. (The Armed Forces have a procedure, independent of the appellate process, where an incarcerated soldier/Marine can appear before a clemency board and ask for a reduction of his sentence, or if the individual has served at least 1/3 of his sentence they may request parole.) We have heard the hopelessness in the voices of the families when they learn that their son or husband will not receive ANY reduction in their sentence.  It is difficult for these military families to know that based on a ‘solemn’ pledge Taliban fighters are released by the SAME US military leadership and allowed to return home to their families. What message does the US military send when we punish our own soldiers more harshly then we punish the combatants who have killed our brave men and women on the front lines of this war on terrorism?

Many of the soldiers/Marines I am speaking of, including our son, would never find themselves involved in the criminal justice system but for their combat experience.  These soldiers/Marines do not have previous criminal histories, and their military records are replete with honorable service including purple hearts, bronze stars, and multiple deployments in defense of our country.  Some of these soldiers fell victim to the military’s ‘catch and release’ policy that returns enemy combatants to the battlefield where they return to fight our soldiers time and time again.   Yet others were protecting themselves or their men in a combat zone. Even if they made mistakes in judgment during war, should they be sentenced to 10-40 years while the enemy is totally forgiven?  Why shouldn’t the SAME military leadership afford our combat soldiers/Marines a second chance!

If the US military will release Taliban fighters simply on a pledge by their families that they will not rejoin the Taliban then we ask the same for our troops.  These soldiers/Marines are not a threat to our society and deserve to be home with their families.  We ask that you the American public stand with us.  Our request is that each of you vouch for these soldiers/Marines and demand that our military extend the same mercy to them as they did to the enemy combatants who are trying to kill our soldiers every day.

Please write a letter to your Senator, Congressman, and the Secretary of Defense and advise them that this double-standard will not be tolerated.

Bless you for your continued support,

Scott and Vicki Behenna

http://www.defendmichael.com

NY Times Article

Diana West Article on releasing the Taliban

Please use this link to find you Congressional Delegates:

1400 Defense Pentagon

Washington DC 20301-1400

To the thousands of Michael Behenna supporters,

One year ago today closing arguments were made by the Army prosecutors determined to get a conviction even if that meant withholding evidence and lying to the jury.  Captain Jason Elbert told the jury that what Michael Behenna testified to regarding the shooting of Ali Mansur was ‘impossible’.  Yet all three prosecutors (Captains Poirier, Roberts, and Elbert) knew better.  Their own expert witness, Dr. Herb MacDonell, had told them earlier in the week that the only logical explanation based on the evidence was that Mansur had to be reaching for Michael's gun when he was shot.   Because their expert’s testimony did not help their case the prosecution team sent him home rather than put him on the stand to testify.  They were not going to let the facts get in the way of a guilty verdict.

So it was that one year ago at around 8:30pm on a Friday night a jury of non-infantry officers convicted Michael of unpremeditated murder and the following day sentenced him to 25 years in prison.  This for killing in self defense a known member of Al Qaeda that Army intelligence knew had organized an attack on Michael’s platoon that took the lives of two American soldiers and two Iraqi soldiers.  For those of us sitting in that Kentucky courtroom the moment when the verdict was read is forever seared into our souls.  For Michael it was absolute betrayal by a country he (unlike the prosecutors) had risked his life to defend.

As we told you last month, Michael’s clemency board hearing resulted in a five year reduction in his sentence on top of the five year reduction granted by the General of the 101st Airborne.  So Michael is now serving a 15 year sentence at Fort Leavenworth and if he serves his full sentence he will rejoin the real world when he is 40 years of age.  Short of the Secretary of the Army intervening, the next phase in getting justice for Michael is the Appellate process.  Michael’s appellate brief was filed on December 22, 2009 and the military response was due on January 22, 2010. The Army did not produce a response on their due date, but instead asked and was granted a three month extension, which makes their new due date April 21, 2010.  Coincidentally that happens to be the anniversary date that Michael’s soldiers Adam Kohlhaas and Steven Christofferson were killed by Mansur and his Al Qaeda cell.

Michael began his incarceration on March 20, 2009.  One of the last things he said to us that day as he was being taken away in handcuffs was ‘Don’t let me be forgotten.’  I can proudly say that YOU HAVE NOT LET MICHAEL BE FORGOTTEN!!!  It is your cards and letters that gives him purpose each day in prison.  The highlight of Michael’s week is when the guard drops off mail to his cell.  On one recent day he received 175 pieces of mail.  From nearly every state in our great country and from places as far away as Australia he has received cards and letters of support that has lifted his spirits and helped Michael and our family endure something that no American family or soldier should ever face – being prosecuted for defending yourself against the most vicious terrorist group in the world.

Our fight for justice is a marathon, not a sprint.  Like Michael, we all have to be prepared for a long fight. But in the end it is a fight we will win and see the day when Michael is free once more.  In this next month please raise awareness about Michael’s case and continue to write your Congressmen, Senators, the Secretary of the Army, and the Secretary of Defense to call for Michael’s immediate release pending the appellate decision.  And most importantly, please drop Michael another letter or card that reminds him that he has not been forgotten.

The links below will catch you up on Michael’s continuing story and show you the true 1LT Michael Behenna:

A  YouTube video of Michael (Thanks to Kyle and the Foo Fighters)

Michael Savage 1/25/10 update on Michael’s case

Contact info for all US Representatives and Senators

Thank you again for your overwhelming support of an American  soldier we proudly call our son.

Scott & Vicki Behenna

http://www.defendmichael.com