Edmond soldier's latest appeal of unpremeditated murder conviction could be his last

If the U.S. Court of Appeals for the Armed Forces, based in Washington, declines to hear U.S. Army 1st Lt. Michael Behanna's case, he will have no more legal avenues to pursue. Behenna, 28, is serving a 15-year sentence at Fort Leavenworth in Kansas for killing an Iraqi man.

 
BY CHRIS CASTEEL ccasteel@opubco.com | Published: October 31, 2011    Comment on this article Leave a comment

— In what could be his last chance to gain a new trial, U.S. Army 1st Lt. Michael Behenna is asking the top military appeals court to set aside his conviction of unpremeditated murder in a combat zone.

photo - 1st. Sgt. Michael Behenna   (provided by family) ORG XMIT: kod
1st. Sgt. Michael Behenna (provided by family) ORG XMIT: kod

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If the U.S. Court of Appeals for the Armed Forces, based in Washington, declines to hear the Edmond native's case, he will have no more legal avenues to pursue. Behenna, 28, is serving a 15-year sentence at Fort Leavenworth in Kansas for killing an Iraqi man.

Behenna, whose case has attracted national attention, wrote an open letter to supporters in August criticizing the military justice system, though he said he still hoped to have “a fair, impartial trial where all the evidence may be heard.”

Vicki Behenna, Michael's mother and a federal prosecutor in Oklahoma City, said Friday that the family is “very hopeful (the court) will take the case, and we believe that it should.”

Behenna's parents, who live in Edmond, may be back in the Washington area within the next couple of months to ask a military clemency board to reduce their son's sentence again. Vicki and Scott Behenna have appeared before the board twice, and the sentence has been reduced once, by five years.

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