Edmond soldier's conviction, sentence to be reviewed in early December

The Army Clemency and Parole Board is scheduled to review Behenna's sentence Thursday, in nearby Arlington, Va., for the second time this year. The review in January led to a five-year reduction in his sentence.

On Dec. 9, the Army Court of Criminal Appeals will hear oral arguments in Arlington in Behenna's appeal of his conviction. That appeal focuses on whether Behenna failed to get a fair trial because prosecutors did not tell Behenna's attorneys about comments made by a forensics expert supporting Behenna's version of the events.

Vicki Behenna, Michael Behenna's mother, said, “Of course, reversal of his conviction is the ultimate goal here. That's what we're trying to shoot for.”

With no guarantees that will happen, though, she said securing another sentence reduction was equally as important.

Vicki Behenna and her husband, Scott, of Edmond, argued before the clemency and parole board in January and will do so again Thursday. Vicki Behenna said she will focus on her son's state of mind at the time of the 2008 killing; he had been diagnosed with acute stress disorder because two members of his platoon had been killed by a bomb, she said.

“Michael was not Michael when this incident occurred,” she said.

Scott Behenna will try to persuade the board that, even though his son's sentence has been reduced twice, from the original 25 years, it is still much higher than any sentence ever given for unpremeditated murder in a combat zone.

A decision about the sentence could come within weeks after the hearing. The case has attracted national attention, and the clemency hearing earlier this year drew Behenna supporters from several states.

Michael Behenna, who is serving his sentence at Fort Leavenworth, Kan., was convicted in a general court martial in 2009 of killing Ali Mansur after cutting off his clothes and forcing him to sit naked on a rock in an isolated area and answer questions at gunpoint.

Behenna suspected Mansur was involved in the bombing that killed two members of his platoon, or at least knew who was behind it.

Intelligence officers had questioned Mansur but released him into Behenna's custody with orders that he be taken home. Behenna took Mansur to the isolated spot and, after questioning him again, shot him twice.

At his trial, Behenna testified that he shot Mansur because he “was standing up, reaching toward my weapon; this happened fast. As I turned, Ali was reaching up toward my weapon, getting up; I stepped to the left and fired two shots.”