The Behenna Case


Published: July 30, 2012 by Chris Casteel Comment on this article Leave a comment

There have been strong feelings expressed to The Oklahoman _ through letters, emails and story comments on NewsOK _ in regard to the case of 1st Lt. Michael Behenna, who is serving a 15-year sentence for unpremeditated murder in a combat zone for killing an Iraqi civilian in 2008.
The Court of Appeals for the Armed Forces upheld his conviction and sentence earlier this month. The opinion is below. It provides a chronology of the events in the Iraqi desert that night and the legal arguments flowing from Behenna’s court martial. The opinion is in two parts _ the majority opinion, supported by three judges, upholding the conviction _ and the dissent, by two judges, arguing that Behenna deserved a new trial.
Though it is of course steeped in legal principles and arguments, it is relatively easy to follow as one gets past the opening.

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by Chris Casteel
Washington Bureau
Chris Casteel began working for The Oklahoman's Norman bureau in 1982 while a student at the University of Oklahoma. After covering the police beat, federal courts and the state Legislature in Oklahoma City, he moved to Washington in 1990, where...
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