Lawyers: Solider did not plan attack
FORT CAMPBELL, Ky. --Lawyers for an Army soldier accused in the rape and murder of a 14-year-old Iraqi girl and the killings of her family told a judge Friday he was not involved in planning the attack with the other soldiers charged in the case.
Pfc. Jesse Spielman, 22, faces up to life in prison without parole if convicted on rape and murder charges in the attack last year. Another soldier testified in his own case in November that Spielman did not participate in the rape and murders but was present and knew beforehand what the soldiers intended to do.
Five soldiers with the Fort Campbell-based 101st Airborne Division were charged in the March 12 attack. The rape and murder of Abeer Qassim al-Janabi and the deaths of her parents and younger sister were considered among the worst in a series of alleged atrocities by U.S. military personnel in Iraq.
Two soldiers have pleaded guilty in the case, including a sergeant sentenced Thursday to 100 years in prison.
Spielman's attorney, Capt. Stephen McGaha, told the military judge at a pretrial hearing Friday that witnesses would testify Spielman did not conspire with the other soldiers to attack the family.
McGaha also said defense witnesses would testify that Spielman and the other defendants suffered from combat stress and were traumatized by the deaths of comrades before the attack.
Spielman, who sat stoically next to his lawyer in the military courtroom, has deferred entering a plea to the allegations. His court-martial is scheduled to begin April 2.
Friday's hearing came a day after Sgt. Paul E. Cortez, 24, was sentenced to 100 years in prison for his involvement in the attack. Cortez was also given a dishonorable discharge and will be eligible for parole in 10 years under his plea agreement.
During testimony this week, Cortez described raping the girl in her family's home with Spc. James Barker, 24, who pleaded guilty in November to rape and murder and was sentenced to 90 years in prison.
