Edmond family fighting for soldier’s freedom

 
BY JAY F. MARKS | Published: March 28, 2009   


Michael Behenna’s parents are no strangers to the criminal justice system.

His mother, Vicki, is a veteran federal prosecutor who helped convict Oklahoma City bomber Timothy McVeigh. Father Scott is a retired Oklahoma State Bureau of Investigation agent who works as an FBI intelligence analyst.

photo - Vicki and Scott Behenna are the parents of Edmond soldier Michael Behenna.  Photo by NewsOK.tv
Vicki and Scott Behenna are the parents of Edmond soldier Michael Behenna. Photo by NewsOK.tv

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But they’ve never seen anything like the events that led to their son’s conviction on murder and assault charges in a military court last month at Fort Campbell, Ky.

Michael Behenna, an Army first lieutenant from Edmond, was accused of executing a suspected terrorist last May in Iraq, but he maintains he acted in self-defense.

A government expert, who was not called as a witness, backed Behenna’s version of events, but that evidence was not provided to his attorneys until after Behenna, 25, was found guilty Feb. 27.

The judge, Col. Theodore Dixon, denied a defense motion for a mistrial March 20, despite information suggesting prosecutors concealed evidence that would have bolstered Behenna’s case.

The National Association of Criminal Defense Lawyers filed a brief in support of Behenna’s argument, but it was not enough to sway the judge.

"To me, it’s a travesty,” Scott Behenna said.

Dixon said he would recommend a reduced sentence, but that still means as much as 18 years in prison.

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