# Court martial set for Master Sgt. Joseph D. Newell



## Ravage (Feb 14, 2009)

http://news.soc.mil/releases/News Archive/2009/February/090214-02.html

U.S. Army Special Forces Command Public Affairs Office

FORT BRAGG, N.C. (USASOC News Service, February 12, 2009) — The court martial trial in the case of the United States v. Master Sgt. Joseph D. Newell will begin at 9 a.m., Feb. 19, here.

The charges stem from an incident near Hyderabad, Afghanistan, occurring on or about March 5, 2008.  The allegations include murder and mutilating a dead body.  Newell is presumed innocent unless and until proven guilty at court-martial.

He is currently assigned to Headquarters and Headquarters Company, 3rd Special Forces Group (Airborne) Fort Bragg, N.C.
Newell was recommended for a general court martial following an article 32 investigation directed by the Commander, 3rd SFG(A). 
The court martial will be held at Fort Bragg and will be open to the public.

Editor’s Notes:
*If your news organization is interested in covering the trial, contact the Special Forces Command Public Affairs Office at (910) 432-6005 / 4587 no later than 4 p.m., Tuesday Feb. 18.  

 It is imperative that you let us know how many media personnel will be attending and if you are bringing a live truck.  Live trucks will remain in their designated area for the duration of your coverage of the hearing. 
Upon confirmation you should meet at Stryker Golf Course at 7:30 a.m. Wednesday, Feb. 19, to receive a ground rules briefing.  Media who are not driving live trucks will be transported via government vehicle.  No privately owned or company vehicles will be allowed on post, except for satellite trucks. 
A gate run will be conducted 11:30 a.m. – 12:30 p.m. to swap out news crews.  

If you decide to drive your satellite truck off post during this run, you will NOT be allowed to bring it back onto post.  Public Affairs will provide transportation to swap news crews only. 
A security sweep of equipment will take place at the hearing site.  Media will be credentialed at the site.  

You must have a photo ID from your news organization and another picture ID.  The room where the investigative hearing will be held has limited seating capacity.  The public, including the media, will be allowed in the hearing on a first come, first serve basis.  No recording devices will be allowed in the room. 

All media will be required to sign and adhere to strict ground rules especially in relation to the reporting of classified information.  Once media RSVP that they are indeed coming, the ground rules will be provided for their review and signature.  No media will be allowed in the hearing room without first agreeing to and signing the ground rules.*


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## JOgershok (Feb 20, 2009)

http://www.examiner.com/a-1861699~Green_Beret_Afghan_death_court_martial_continues.html

*Green Beret Afghan death court-martial continues*

Feb 20, 2009 5:17 AM (2 hrs 31 mins ago) AP

FORT BRAGG, N.C.  - A defense lawyer says a Special Forces sergeant from Michigan accused of killing an Afghan civilian and severing the man's ear doesn't dispute the killing and will testify in the defense portion of the court-martial.

Master Sgt. Joseph D. Newell of Tecumseh, Mich., is charged with murder and mutilating a body in the March 5 incident. Newell's trial at Fort Bragg began Thursday before a 10-man military jury. Prosecution testimony covered three witnesses on the opening day and will continue Friday.

Opening statements balanced a defense lawyer saying Newell doesn't deny killing the man because he acted in self-defense against a prosecutor who wore latex gloves to show jurors a small, brownish ear.

Newell faces a life sentence if convicted of murder.


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## JOgershok (Feb 21, 2009)

*Second Day*

US soldier argues self defense in court-martial over Afghan civilian killing

Submitted by WW4 Report on Sat, 02/21/2009 - 01:56.
A US Army Special Forces soldier facing court-martial proceedings over the killing of an Afghan civilian in March 2008 has admitted to killing the man but argued during opening statements Feb. 19 that the act was committed in self defense. Master Sgt. Robert Newell of the 3rd Special Forces Group (Airborne) was arraigned and charged with killing the unidentified Afghan and mutilating the corpse by cutting off an ear. Military prosecutors allege that the killing was premeditated, and that the civilian posed no threat to Newell.

An Afghan who served as a translator to Newell's Special Forces team testified that the victim had his hands in his pockets while being questioned and subsequently shot by Newell, and that the victim's hands remained in his pockets after the killing. According to defense lawyers, Newell believed the unidentified Afghan to be a Taliban insurgent who posed a threat to him. Newell is being charged with murder and related offenses under the Uniform Code of Military Justice.

In 2007, the American Civil Liberties Union (ACLU) released documents describing alleged crimes committed by US soldiers against civilians in Iraq and Afghanistan, but showing that troops believed they were following the law in most instances. The materials were made available in conjunction with a lawsuit the ACLU filed to compel the US military to release all documents relating to the deaths of civilians caused by US troops since January 2005. In 2006, court-martial proceedings against a group of US soldiers implicated in the abuse of detainees at Bagram Air Base in Afghanistan ended with only one conviction. Three other soldiers pleaded guilty to abusing prisoners at Bagram, two others pleaded guilty at the court-martial and five were acquitted. The Army dropped the charges against three others. (Jurist, Feb. 20)


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## Diamondback 2/2 (Feb 23, 2009)

http://news.soc.mil/releases/News Archive/2009/February/090220-01.html


> The solo testimony by Sgt. 1st Class Ricky Derring was for his team leader, Master Sgt. Joseph D. Newell, 38, from Tecumseh, Mi., about 50 miles west-southwest of Detroit. Newell, who has served in the military for two decades, is now in court-martial proceedings on a murder charge in the March 4, 2008 killing of an Afghan civilian.
> During the prosecution’s examination, Derring said that Newell had detained and questioned the man after spotting civilians who were acting suspiciously near their convoy mission.
> 
> Derring said Newell shot the man in the chest after driving into a remote area and then left the body in the desert. They went back to the body later, and Derring said that Newell returned to their vehicle with a human ear.
> ...




I am thinking that either SFC Derring has it in for his team sgt or his team sgt is one twisted dude who should have been more careful on who is watching him. It will be interesting to see how this pans out. I just hope MSG Newell gets acquitted and gets to retire and go home to his family. No soldier in a combat zone should be charged with murder!


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## JOgershok (Feb 24, 2009)

*Court-martialed Green Beret describes killing*

A staff report
ADVERTISEMENT

The Fort Bragg Green Beret accused of murdering an unarmed Afghan and cutting off the man's ear said his superior officer had jokingly asked him if he’d gotten the man’s ear.

Under cross-examination this afternoon during the third day of his court martial, Master Sgt. Joseph Newell said that before he went back to the Afghan’s body the first time, Capt. James Walters jokingly said, “Hey, did you get the ear?”

Newell said the comment, followed by laughter, made him “perturbed.”

When he returned with the unidentified man's ear, Walters said, “Okay, that's better,” according to Newell.

Newell is accused of murdering the man and then desecrating his body during combat operations near Hyderabad, Afghanistan in March 2008. If convicted, he faces up to life in prison.

The defense lawyers have argued that Newell shot the man out of self defense and that the man was an insurgent, possibly a member of the Taliban.

In testimony this morning, Newell said that before he pulled the trigger, he and the man had a “Tombstone” moment.

Newell said that he shot the unidentified man because, after telling the man he would be taken into custody, the man clenched his fists and made a sudden move forward.

“It was the longest second of my life and the shortest second of my life,” Newell testified during the third day of his court-martial on Monday.

“This was not an accidental discharge, I meant to shoot him,” Newell told jurors.

He testified that after he shot him the first time, he watched the unidentified man's eyes roll into the back of his head and disappear. Then, he said, he shot the man again.

“The second shot wasn't needed, but that's what you do,” Newell said.

He also said that after the shooting, he was reassured that he did the right thing by both his superior officer and Sgt. 1st Class Ricky Derring. Both men previously testified and did not include the exchanges in their accounts of the day.

Newell said that when he approached his superior officer, Capt. Jason Walters jokingly asked, “Did you kill anybody yet?”

When Newell responded “yes,” the joking stopped, Newell testified.

He said Walters told him to return to the body to make sure the man was dead and was told to return a third time to hide the body.

On the first return to the body, Newell testified that he checked the man's pulse and, finding none, cut off the man's ear.

He said he had no explanation for cutting off the ear other than he didn't want people to think he was afraid.

Newell testified that he had many emotions running through his body after the shooting. Others told him he appeared shaken immediately afterwards and he said he later became angry.

“I didn't decide to shoot him,” Newell testified. “He decided to have me shoot him.”

On the second return, he said Derring helped him move the body into his vehicle, something Derring denied while on the stand.

Newell said he wanted the body to be hidden so that enemy forces wouldn't “throw the kitchen sink at us.”

If there had been an attack on the way back to the base, Newell said he would have felt responsible.

The unidentified Afghan was detained after Newell and other soldiers made a vehicle stop while providing security for a convoy. Several of the convoy's trucks were stuck in sand and while they were being dug out, Newell testified that radio chatter indicated that the soldiers were being watched.

Newell said he was certain the chatter was coming from the truck the man was riding in before being detained.


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## 7point62 (Feb 24, 2009)

This man's career is over. 20 years. Maybe he fucked up, I dunno. IMO, it's no crime to take an ear in war, although it is a bit perverse and unecessary. There's precedent. 

But this dude is gonna get fried. It's a big order to try to get lawyers, judges and civilians to try and understand the way combat desensitizes one to death, especially the enemy dead...and there are a number of questions about this story that raise doubt about it.


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## Diamondback 2/2 (Feb 24, 2009)

I agree that he is not in the best position telling the jury that he cut hadji’s ear off b/c the TL asked if he had… It almost sounds like he pissed some of his guys off and then he gave them a reason to get back at him? I don’t know, I have never served with a SF unit other then pulling perimeter for a few raids. But I have heard stories of dudes getting kicked off a ODA for being unprofessional. Not sure if there is any truth to that, or if cutting an ear off we be considered unprofessional?


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## DA SWO (Feb 24, 2009)

He screwed up by cutting the ear off, and will be found guilty on a lesser charge.  He'll get off on the murder charge.  Sounds like the Team did not like their Team Sgt.  Too bad it comes down to something like this.


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## SARK (Feb 24, 2009)

*Lead Consultant for Joe*

Please let it be known the following as a consultant for MSgt. Joe Newell. I have been paid a total of $1 (one dollar) for my assistance in this case. I never knew of or met Joe prior to this case.

You will be able to read a little bit about me from my bio on my company's website. I am trained to know when people lie and when people tell the truth. I would not be willing to put my personal name and company's reputation on the line if I had ANY questions regarding the truthfulness and testimony of MSgt Newell. 

He is unquestionably one of the most professional, honest and forthcoming soldiers I have been privileged to to know throughout my career as both a veteran and consult to the US military.

I am confident the military panel will assess the facts surrounding MSgt. Joe Newell and will come to the very conclusion I have. MSgt. Newell has a 20 year proven and undisputed professional standing within the US Military. A soldier who was forced to make a split second decision in a combat environment that may or may not end his career. Bottom line is there is no reason or fact supporting an unlawful or unjustifiable killing of an unknown suspected enemy combatant. 

I am honored to have had the opportunity to serve this warrior. 

Respectfully,


Chris Ghannam 
President, Sark Securities Inc.


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## Diamondback 2/2 (Feb 24, 2009)

Well good deal, I hope things go good for MSG Newell and he is returned to duty asap!!!

Do your best and know that MSG Newell will be in my thoughts and prayers! ;)


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## Tyrant (Feb 24, 2009)

Why would they feel like they had to hide the body if they felt their actions were correct?


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## AWP (Feb 24, 2009)

SOWT said:


> He screwed up by cutting the ear off, and will be found guilty on a lesser charge.  He'll get off on the murder charge.  Sounds like the Team did not like their Team Sgt.  Too bad it comes down to something like this.



That's what I'm thinking too. Regardless of it being done in the past or not, you don't just lop off a body part like that.


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## 0699 (Feb 24, 2009)

If he did chop the ear off a corpse, he's toast.  In today's military, there's no room for body mutilation.  He should've known that. If this is all true, it's not something that happened in the heat of battle, it was a calculated decision.  You'd expect better from someone of his age, rank, & MOS.

I wish him the best & hope this isn't true.


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## Trip_Wire (Feb 24, 2009)

There is no excuse for cutting off the ear. If he did it and it would seem he confessed to doing it his career is toast! He'll get some time in prison, as well as a DD.


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## Ajax (Feb 25, 2009)

I will refrain from passing any judgements on MSG Newell or SFC Derring as that's what a jury is for.  

I will say that killing folks is only one part of COIN, and generally the smallest part.  Corpse mutilation could serve a purpose, but not ours, not as I see it.  As a very good and trusted friend told me once, in our line of work, every action is deliberate.  I completely agree.  SF is low imprint with a large ripple effect.  To what end would severing an ear prove to be useful?  Intimidation of the enemy?  Is this a proven TTP?  Or is it a trophy?  What are the 2nd and 3rd effects?  Shooting is instinctive.  Mutilation is not.

We are fighting a war on two fronts.  I'm not speaking of different theaters.  I'm speaking of the war of public perception and the war on the ground.  Regardless of how this turns out, we have just lost a major battle in the former.  We can't afford this.


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## 7point62 (Feb 25, 2009)

I've taken a bit more time to think about it and have edited my previous response.


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## Boondocksaint375 (Feb 25, 2009)

*Court martial continues*

       FORT BRAGG, N.C. (USASOC News Service, Feb. 24, 2009) - Master Sgt. Joseph D. Newell’s court-martial hearing continued the morning of Feb. 23 as he took the stand to testify in his defense.
       Newell, of 2nd Battalion, 3rd SFG(A), is charged with  first-degree murder of an Afghan man and mutilation of the body.
       Defense attorney Maj. Lance Daniels began by questioning Newell about his 20-year career in the Army. With more than 16 deployments, over 15 years as a Special Forces Soldier and numerous leadership positions, the defendant was portrayed by the defense as a trustworthy, dedicated and focused Soldier.
       The defense then turned its questions toward the Special Forces unit that Newell was in charge of at the time of the incident. Newell claimed the unit was suffering from some leadership issues as well as a major schism in communication between senior and junior members. 
       Newell was then questioned about his unit’s missions in Afghanistan. He said the team conducted over 40 missions, over half of which resulted in contact with enemy forces. The missions were varied in intensity and duration; some lasting a mere six hours while others could last as long as 10 days. 
       When asked about combat details of the unit, Newell said it was responsible for the deaths of nearly 200 enemy combatants, was involved with 10 direct enemy engagements and encountered numerous mortar and improvised explosive device attacks. 
       The defense then asked more directly about the event in  question.
       Newell explained that on March 5, 2008, his team was on a convoy mission when several trucks in the convoy became stuck in the road. After creating a perimeter around the stuck vehicles, Newell noticed a truck some distance away driving around in a small circle.  
       The peculiar pattern the truck was moving in led Newell to believe that its driver and passengers could be performing surveillance on the temporarily immobilized Soldiers. After picking up a radio signal broadcasting the location of the convoy, Newell said he was convinced the convoy was being watched.

 Newell said the truck stopped and 10 people came out of it, acting strangely and standing close together so that he couldn’t see what they were doing. As a precaution, he ordered warning shots fired in their vicinity to encourage them to leave the area.
       On the same frequency he heard the voice giving away the  convoy’s position, he heard someone cry, “They’re shooting at us.”
       Newell said that his and another vehicle went to track down the truck to search possible insurgents for any weapons or communication equipment.
       When the truck was finally stopped, Newell said that all the passengers exited and were searched by Afghan National Army soldiers. The only one that was taken into custody was the man in the passenger seat, whose position in the car indicated him as the group’s leader. The others were not deemed a threat and were allowed to leave.
       Newell said there was no room for the detainee in either of the vehicles, so he was made to stand on the back of the vehicle and hold onto two chest-high handles.
       Some time on the way back to the main convoy, Newell said he remembered that he had failed to search their detainee. Newell stopped the vehicle and went around to the rear with his Afghan interpreter to search and question the detainee. 
       The defense asked what happened during the investigation. Newell said that the man moved his right arm and right thigh toward him in a threatening manner. Newell said that he shot the man twice in the chest, killing him.
       The defense showed a diagram, illustrating the defendant’s  position in relation to his vehicle and the victim.
       When asked what he did after killing the man, Newell said he moved to rejoin the main convoy and head back to his Fire-base Robinson, where Newell’s team was based. Newell said he left the body.
       Newell said he returned twice to the site of the shooting. He returned the first time to take the ear from the corpse and again to move the body from where it had been left.
       When asked why he took the ear, he claimed that it was at the suggestion of his commander, Capt. Jason Walters. The defense then asked why he returned again. Newell said that Walters also suggested that the body be removed to prevent retaliation from insurgent forces.
       The prosecution began with asking Newell about several quotes that others attributed to him around the time of the incident. Newell denied most of them, but did concede to others.
       The prosecution then questioned Newell’s “educated guesses” about the truck he stopped and searched, asserting that he may have incorrectly identified the vehicle he pursued. Newell did admit that there was a short time when he could not see the vehicle and could have pulled over a different vehicle than the one he saw driving in circles.
       Newell’s testimony differed from the earlier testimonies of Soldiers who were present at the incident. The Afghan interpreter, who for his safety is known only as “Mark,” claimed that the Afghan man was shot with his hands still in his pockets and that the man never moved toward Newell.
       After the prosecution, the defense called in three character witnesses: Sgt. 1st Class Mike Helton, Maj. Jonathan White, and Col. Sean Mulholland, of 3rd Special Forces Group. They were asked about Newell’s moral character and each spoke positively of him.
       Two subject-matter experts spoke with the judge at the end of the proceedings: a forensic psychologist and a use-of-force expert. Whether or not they will be allowed to testify before the jury at the Feb. 24 session was not disclosed during the day’s proceedings

http://news.soc.mil/releases/News Archive/2009/February/090224-04.html


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## DA SWO (Feb 25, 2009)

I wonder why the persecution had the interpreter testify?  No way in hell I'd believe an Afghani.  Makes it easier for the defense to cast doubt on the events.  
Acquital on murder, guilty on the mutilation charge.  
Some time in jail, then he retires.
It would be interesting to see the military background of the team, 18X's vs other initial MOS's.


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## Scotth (Feb 25, 2009)

SOWT said:


> I wonder why the persecution had the interpreter testify? No way in hell I'd believe an Afghani. Makes it easier for the defense to cast doubt on the events.
> Acquital on murder, guilty on the mutilation charge.
> Some time in jail, then he retires.
> It would be interesting to see the military background of the team, 18X's vs other initial MOS's.


 
I think your probably right on the final outcome of this.


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## Ravage (Feb 25, 2009)

http://news.soc.mil/releases/News Archive/2009/February/090225-05.html

FORT BRAGG, N.C. (USASOC News Service, Feb. 25, 2009) - On the final day of testimony in the court martial of a Fort Bragg Soldier, the defense team used the testimony of an expert witness Tuesday afternoon to make the case the Soldier’s highly trained reactions and a sense of fear set the conditions for his killing and mutilation of an Afghan man. 

Master Sgt. Joseph D. Newell, a Special Forces Soldier with 3rd Special Forces Group, is charged with first-degree murder and mutilating the body of an Afghan man.

The defense brought to the stand Claudia R. Coleman, a clinical psychologist living and practicing in Chapel Hill, N.C. She was asked how many years of experience she had and what kind of work she has done during her career. She answered that she had 27 years of experience and explained her history in psychological evaluations, therapy and private practice.  

Coleman said she had performed close to 1,000 psychological examinations. Of those examinations, several hundred of them were required because the subjects were involved with murder.

When asked if she had ever worked with military servicemembers or veterans, she answered yes. 

Coleman explained that using the defendant’s testimony, investigation reports and over four hours of one-on-one examination of the defendant, she was able to make an assessment of Newell’s mental state before, during and after the time of the incident.

The defense asked if she ever consulted with Maj. Christopher Lange, the forensic psychiatrist who first assessed him at Walter Reed Army Medical Center in 2008. She said she did not consult with him and that her assessment of Newell’s mental state before the incident was consistent with Lange’s.

Coleman said she did not run tests on Newell because she said there was no reason to, considering Newell’s lack of a history with mental illness. She also said that he did not display any signs of having an underlying mental disability.

The defense asked Coleman what her assessment of Newell’s state of mind was at the time of the shooting. Coleman said Newell’s actions and description of his own feelings about the shooting were consistent with someone who was in genuine fear for his life.

Coleman went on to explain the brain’s reaction to fear with threat stimuli. In essence, she said, the reflexive parts of the brain, the ones which govern immediate, subconscious response, act faster than the more cognitive parts of the brain. This meant that a person reacting to fear often acts before thinking about how they will react.

Coleman later said Newell’s training might also affect how he reflexively reacts.

“Higher processes of the brain have little to do with automatic threat response,” Coleman said. “Thinking comes later.”

The defense asked if Newell’s description of the incident matched up with Coleman’s explanation of fear response. Coleman said it did.

When asked if she looked for signs of malingering in her assessments, Coleman said that she did. Coleman explained she had witnessed malingering in other cases and can identify it using body language, consistency of a person’s presentation and their mental history. Coleman said she could detect no evidence of malingering in Newell.

The defense then asked if Newell’s intent to kill the victim when he was forced to open fire proved inconsistent with a fear response. Coleman said it was not inconsistent. She explained that Newell could have reactively killed the victim, and as the higher thought processes of the brain caught up with the immediate reaction of the body, come to believe it was intentional after the fact.

The defense asked if Newell’s feeling of regret at the incident was inconsistent with a fear response, Coleman answered that it was not. She said regret is a normal response that comes after the initial response. Coleman also explained how fear responses are possible in even the most courageous of individuals.

To explain Newell’s removal of the victim’s ear, Coleman said Newell’s testimony regarding his feelings after the shooting indicated an extended stress response. She said Newell’s mental state was neither sadistic nor psychotic and that as a result of temporary chemical changes from the fear response, could easily have had his judgment altered for a period of time.

The prosecution then began cross-examination. They first asked how much time she had spent with Newell and when she formed her first professional opinion. She answered that she spent a total of four hours evaluating Newell and that she formed her opinion December of 2008.

The prosecution asked if she spoke with any other witnesses at the time of her evaluation and she answered that she did not. Coleman was asked if she ever wrote a formal report and she answered that she did not.

When asked if fear response was a diagnosable disorder, Coleman said it wasn’t. The prosecution asked if she conducted any formal tests and she said she didn’t.

Coleman said that Newell had no condition that would have prevented him from premeditating murder. She also said Newell had no condition that would have prevented him from forming intent to take the ear.

Coleman was released and Master Sgt. Frankie McRae, 3rd Bn., 3rd Special Forces Group, and Master Sgt. Sean Berk,of United States Army Special Operations Command’s Crisis Action Team, testified in Newell’s defense. They both said that Newell was a man of trustworthiness, integrity and self-sacrifice.

The prosecution cross-examined, asking if McRae and Berk were good friends with Newell. They both said they were close friends with Newell. The prosecution asked them if they wanted to save Newell from anything bad happening to him and they each answered yes. They were then asked if they were present with Newell on the day of the murder and they said they weren’t.

The last to testify was Lange, the forensic psychiatrist who evaluated Newell at Walter Reed. The testimony was held over the phone.

The defense asked Lange what materials he reviewed regarding Newell’s case. Lange said he reviewed Newell’s Article 32, investigation reports, sworn statements, evidence and medical records.

Lange was in charge of Newell’s sanity board, a board of physicians tasked to determine Newell’s competence and assess his psychiatric diagnosis during and after the shooting.

Lange said Newell was very open in describing what happened during the incident. Lange could find no evidence of malingering, as Newell’s explanation of the shooting itself revealed no symptoms of a psychological disorder. 

Lange said Newell described the victim’s alleged advance toward him as a surprise and explained the body can respond automatically in its defense.

Considering Newell’s explanation of what happened after the shooting, Lange diagnosed Newell with and adjustment disorder, a disorder he said doesn’t often last longer than a day.

The prosecution asked Lange if adjustment disorders are consistent with both reflexive-type killings and premeditated murder. Lange said yes.

Lange said that the disorder would not have affected knowledge of wrongdoing. 

The judge released the jury at 1 p.m. and spoke with the defense and prosecution regarding special instructions for the jury. 
The session ended at 3:30 p.m.  Closing statements and deliberation will begin Feb. 25 at 9 a.m.


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## tigerstr (Feb 25, 2009)

Well, thats the way the jury went http://blogs.usatoday.com/ondeadline/2009/02/us-soldier-acqu.html Not guilty.

I agree that ears and stuff does not help win hearts and minds but dont we have to consider where these guys operate? Its Afghanistan, a place where human life is not worth much anyway.  A country with a different culture and mentality.

Is it rational to assume that soldiers operating over there for months, subject to attacks etc. will behave in a way that other people living in an entirely different environment will find... appropriate?

This case IMHO raises questions that a part of USA does not want to answer. I am an outsider but I dont believe you can have a gentlemans war (IF there is such a thing) in Afghanistan. 

"In Rome Like the Romans" as the saying goes. If that cant be done, its time to quit and arrange for somekind of truce.


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## SARK (Feb 25, 2009)

I would like to announce Master Sergeant Joe Newell is found *NOT* guilty on all charges.  When you have all the facts presented this is a completely different case.  

Remember the papers are out there to do one thing "sell papers" that is all nothing more and nothing less.

I am absolutely honored to have served this professional.  His actions leading up to the final verdict is further evidence of what type of leader he is.  Imagine having a life sentence weighing on the back of your mind for almost a year.  Joe never blamed anyone for his actions and continued to take the moral high ground throughout this entire process.  

He has displayed more professionalism over the last year than most soldiers do during their entire career.  A true test of character is shown in times of adversity.

Respectfully,

Chris Ghannam


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## Gypsy (Feb 25, 2009)

Congrats, MSG Newell.  

http://www.fayobserver.com/article?id=319549

Jurors say soldier not guilty of murder, mutilation


By Drew Brooks
Staff writer
ADVERTISEMENT
 A Fort Bragg soldier accused of killing an unarmed Afghan and then cutting off the man’s ear has been found not guilty on all counts.

The jurors deliberated about four hours before announcing their decision.

Lawyers in the trial of Master Sgt. Joseph D. Newell gave their closing arguments Wednesday morning. The panel began deliberating around 1 p.m.

Newell, 39, of Tecumseh, Mich., was charged with premeditated murder and mutilating a dead body. He could have faced up to life in prison if he had been convicted.

The charges stemmed from an incident during combat operations outside Hyderabad, Afghanistan, on March 5. Newell was a team sergeant with the 2nd Battalion, 3rd Special Forces Group when the incident occurred.

The man he shot had been detained after a vehicle stop when Newell discovered a picture of a Russian machine gun commonly used by Taliban forces on the man’s cell phone.

Newell testified that he shot the man twice because the man lunged at him during questioning.

Military judge Col. Patrick Parrish instructed jurors that if they found Newell not guilty of premeditated murder, they would need to consider the lesser charge of non-premeditated murder.

Capt. Seamus Barry, a lawyer for the prosecution, said the defense’s assertion that Newell acted in self-defense could not be taken seriously.

Barry said eye witness accounts proved the man did not constitute a threat and that if he had lunged, he would have been seen by the witnesses, who were standing three feet and five meters away, respectively.

“This case is about murder. This case is not about a developmental mistake, a close call or self-defense,” Barry said. “The accused had it in his mind that he was going to kill that man.”

Barry said the man was unarmed and defenseless. He told jurors that Newell’s actions were discrediting to the Armed Forces and a burden on fellow soldiers, who had to deal with the situation between missions.

“And as if the shooting wasn’t bad enough... he severed the man’s ear,” Barry said.

Newell was a good man and a good soldier, Barry said, but on March 5, he was a murderer.

“This isn’t the movies, where every killer is a monster in a hockey mask,” Barry said. “Good people and good soldiers do bad things.”

For the first time, the seats in the courtroom were filled with spectators. Newell’s family has watched the trial from the beginning, and they were joined by other soldiers and witnesses who testified for the prosecution and the defense.

Todd Conormon, one of Newell’s lawyers, said the case was one that left him awake at night, wondering about missed points and unasked questions.

“I do not want to let this brave man down,” he said, motioning to Newell.

Conormon said he felt the evidence was clear and convincing that Newell lawfully shot a suspected insurgent at a moment he felt his life was threatened.

“Every soldier has the right to act in self-defense to kill the enemy and to not be second-guessed,” he said.

Conormon reiterated the judge’s instructions that a soldier is not required to pause at his peril to consider the proper amount of force before protecting himself.

Conormon said soldiers such as Newell are trained to crush “the poised rattlesnake.”

“If you pause, you could be dead and people with you could be dead,” Conormon said.

Conormon then attacked the credibility of a number of the prosecution’s witnesses, including eye witnesses and Newell’s commanding officer.

He said Newell deserved the benefit of the doubt and referenced the eight character witnesses who vouched for his integrity.

“We’re not trying to hide behind a technicality. We believe there is clear and convincing evidence of Master Sgt. Newell’s innocence,” Conormon said.

As for the cutting off of the ear, Conormon said it was a unique situation.

“I’m not saying it was okay, but his judgment was clearly impaired,” he said. “Soldiers talk about stuff like this. We do. It’s the truth. We saw it in Vietnam. We saw it in World War II. It’s in the Bible.”

Quoting Gen. William Tecumseh Sherman, Conormon said, “War is cruelty and you cannot refine it.”

“The public doesn’t understand what soldiers go through in that environment,” Conormon said. “This man should go home with his family and put this nightmare behind him.”

Rebutting Conormon’s remarks, prosecuting lawyer Capt. Christopher Harry said Newell’s story is one of convenience.

He pointed to a number of remarks that do not appear to be consistent with other testimony.

“To believe Newell, virtually everyone else who testified would have to be liars,” Harry said. “Those witnesses didn’t get to bring in six guys to say how great they were.”

Harry said that Newell came to the conclusion that the Afghan was a bad guy and decided then and there to kill him.

“On March 5, he appointed himself judge, jury and executioner and on that day, he became a murderer,” Harry said.


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## Trip_Wire (Feb 25, 2009)

I'm surprised at the verdict; however, happy for MSG Newell.


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## Diamondback 2/2 (Feb 25, 2009)

It’s about damn time! I am very happy for MSG Newell and his family!!! 

I am so sick of reading of how our hero’s, our warriors and US ARMY Soldiers are doing the wrong thing. I am tired of some fat assclown sitting back armchair quarter backing the plays made by our defenders. These men our protecting the freedoms of the people who try to prosecute them and even though the prosecutors will say, “yes he is our protector” they will also say “he is dangers and unruly, or a murder”. 

For once it seems that the justice system has worked!


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## Hammer (Feb 26, 2009)

Quiet Professional. Pretty much sums it up, even though the entire world was pushing to make an example of him. 
As for the "spectators"... Fuck... That... S**t.


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## JOgershok (Feb 26, 2009)

The jury verdict is by a majority of the members in a Courts Martial not by all members.  Most folks do not know that.  I wonder what the make up of the jury was and if 1/2 were NCO's.  

I am surprised that he was not found guilty of the mutilation, which he admitted. It sounds like "jury nullification."  The jury did not like the law, so they acquitted him of that charge.


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## JOgershok (Feb 26, 2009)

*Testimony: Ear taken to earn respect
*
By Drew Brooks
Staff writer
ADVERTISEMENT

A Fort Bragg soldier cut off an Afghan’s ear to earn the respect of his fellow soldiers, a forensic psychologist said Tuesday during the soldier’s court-martial.

Dr. Claudia Coleman was among the last witnesses to testify in the trial of Master Sgt. Joseph D. Newell. The defense concluded its presentation of evidence Tuesday. Closing arguments are scheduled when court resumes at 9 a.m. today at Fort Bragg.

Newell is accused of killing an unidentified Afghan and then mutilating his body by cutting off the man’s ear. The incident happened March 5 during combat operations near Hyderabad, Afghanistan.

If convicted, Newell could face life in prison.

Defense lawyers have argued that Newell shot the Afghan in self-defense and that the man was an insurgent, possibly a member of the Taliban.

Coleman said that after Newell killed the man, he was concerned about losing the respect of his fellow soldiers.

Newell testified Monday that after shooting the Afghan a superior officer jokingly asked if he had taken the man’s ear. The remark and laughter that followed upset him, Newell said.

Coleman said Newell told her that he needed to get the ear to restore his status on the team. Coleman said the act was a product of the original fear response and was not psychotic, crazy or sadistic. It was a “product of the situation,” she said.

Coleman said she reviewed Newell’s casework and met with him twice before determining that his actions March 5 were consistent with a fearful reaction to a threat. Coleman said Newell does not, and did not, suffer from any mental illness or disorder, including post-traumatic stress disorder.

But, she said, Newell feared for his life at the time he shot the Afghan.

Coleman said Newell’s training also could have contributed to his actions.

Newell, 39, of Tecumseh, Mich., was a team sergeant with the 2nd Battalion, 3rd Special Forces Group when the incident occurred.

The man he shot had been detained after a vehicle stop when Newell discovered a picture of a Russian machine gun commonly used by Taliban forces on the man’s cell phone.

Newell testified that he shot the man twice because the man lunged at him during questioning.

Coleman said Newell most likely pulled the trigger before he really thought about what he was doing.

“Thinking comes later,” Coleman said. “Reaction comes first.”

During cross-examination, Coleman said nothing would have prevented Newell from being able to formulate pre-meditation or intent, but she said she believed the actions were purely a non-cognitive response.

Coleman said Newell understood that cutting off the ear was wrong, and that he exhibited bad judgment and poor decision-making.

“He was not thinking as rationally as usual,” she said.

Coleman said that despite Newell’s assertion otherwise during his testimony, he most likely did not mean to kill the man but instead was responding as a reflex.

“It’s consistent that people think they intended to do what they did,” she said.

Another forensic psychologist, Maj. Christopher Lange, also evaluated Newell.

Lange, who testified via telephone, said he also believed nothing would have precluded Newell’s ability to form intent or to premeditate the killing.

Lange evaluated Newell at Walter Reed Medical Center to determine whether he was competent for trial. He said he determined that Newell suffered from no mental disorder or defect.

He said that at the time Newell cut off the ear, he may have been suffering from an adjustment disorder that would have affected his mental state.

Both psychologists said that during their evaluations they detected no attempt by Newell to lie or hide facts about the case or his feelings during the incident.

In other testimony Tuesday, a friend of Newell’s vouched for his judgment and trustworthiness.

The friend, Master Sgt. Frankie McRae, said he and Newell met while training Special Forces soldiers in hand-to-hand combat and close-quarters combat. He said Newell would always do what was right, even when it might not be in his best interests.

Another friend, Master Sgt. Sean Berk, testified that Newell was an outstanding soldier who would go out of the way to tell the truth, even if he knew it would hurt.

Berk, who served under and alongside Newell, said he was always a caring leader and soldier.

Staff writer Drew Brooks can be reached at brooksd@fayobserver.com or 486-3567.


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## Boondocksaint375 (Feb 26, 2009)

Trip_Wire said:


> I'm surprised at the verdict



Yeah I was too.


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## Crusader74 (Feb 26, 2009)

I have been following this with great interest..I am delighted for Master Sgt. Joseph D. Newell and his family..

People forget Afghanistan is a war..its kill or be killed.. I'd like to think that if I was ever faced with similar circumstance I would have acted in a similar manner..minus the ear bit


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## Ranger Psych (Feb 26, 2009)

the only reason that I didn't shoot the epw that lunged/fought with me, was because:

I knew he was unarmed other than his hands/fists
I knew I could kick his ass hands down
I knew that the rest of the fire team would blow him away if he actually started kicking my ass.
I knew he couldn't get a weapon off of me, because I didn't have one ON me other than myself, period.  

The CO had ordered for us to take him captive for questioning, not for us to kill him given any chance to do so. So, we handled him appropriately. You'd think he would have learned the lesson when I restrained him the first time... he resisted, I about killed him then. SL tied him up, then went out on recce with Bravo team... Alpha got left behind to supervise the goons. Tough Hadji got loose, and tried to escape.

And got fucked up. SL came back and saw my shit eating grin, asked wtf happened... dude tried to escape, I beat the piss out of him until he stopped fighting me, restrained him properly, and put him back in his makeshift cell.  Dude looked like ass too afterwards, it was sorta awesome in a sad way.


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## 0699 (Feb 26, 2009)

Good news; I'm glad to hear it turned out okay.


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## DA SWO (Feb 26, 2009)

Trip_Wire said:


> I'm surprised at the verdict; however, happy for MSG Newell.



I'm not, of course I do sleep with a JAG Officer most nights, and she gave me some interesting things to think about, some of which involved  cases like this.;)


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## DA SWO (Feb 26, 2009)

JOgershok said:


> *Testimony: Ear taken to earn respect
> *
> By Drew Brooks
> Staff writer
> ...



This is exactly what my wife said was going to be presented, man she is smart (after all, she did marry me).

Seriously though, the breakdown of the team is something their leadership will have to look at.  His career has peaked, and the ODA CDR will be tainted, along with some of the others who interacted with the MSG.  Damn shame.


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## SARK (Feb 26, 2009)

Here is a fact that the jury wasn’t preview to:

Master Sgt. Newell was locked up in solitaire confinement for over FOUR months.  A six by six cell, chained at the ankles and wrist tied to a belt around his waist with three other animals that were on death row.  23 hours a day locked up PRIOR to any trial. 

He was shoveled his meals on the floor to him like an animal, he couldn’t even communicate with his wife or attorney without a written request.  He spent the last 10 months of his life locked up as an animal, a killer and quite frankly a man who simply had a screw loose.  

I was the command intelligence special projects coordinator for GITMO for 2 ½ years and will tell you for FACT, we treated detainees better than we treated one of our own.   I am quite confident the panel quickly assessed the so called “witnesses” lack of knowledge, inability to answer the difficult questions and continuous selective amnesia.  

Master Sgt. Newell liquidated everything for his defense, his savings and his home.  Sark Securities Inc. did not charge anything more than one dollar for any and all consultation.  This soldier sacrificed everything just to prove his innocence.   Really try to imagine what he must have gone through, try to imagine how he must of felt every time he had to look at his little girl and wife from behind bars.  Try to imagine how his entire future and life came down to a split second.  

As far as the ear goes, we have numerous documentation and footage of deadly force encounters where after the professional has killed the suspect they have walked up to the body and emptied a complete magazine into the dead corps or physically beaten the body for no apparent reason.  

LE officers nationwide are sued more than any military organization, there is a reason they are immediately pulled from the scene, weapon taken and not given back until after an internal investigation is complete and the officer has time to re-adjust.  

A soldier is not afforded that luxury because you are forced to operate in some of the most dangerous places in the world.  You are expected to thrive in chaos; you are expected to be perfect.  Master Sgt. Newell did not ask to be sent to hell half way around the world.  Master Sgt. Newell did not control the actions of the unknown suspected enemy combatant.  Control is an illusion in combat.  You do not rise to the occasion in combat; you sink to your level of training.  

What makes an operator high speed?  It is not cool tactical gear, fancy tabs and the ability to rip through pre-coordinated scenarios in training.  It is the ability to master the basics and apply your skill to the unknown.  

Joe was placed in an unknown environment.  I am just grateful I do not have to add another warrior to our fallen page.  

Sark Securities Inc. will be setting up a fund in Joe’s name where anyone can donate a maximum of $5; we are on a mission to get every dollar this service member has paid for his defense back to him.  We have set a cap of $5 dollars because we feel it will mean more that so many professionals supported him and not just some corporation looking for a tax write off.  

The life of the fund will be terminated at the point Master Sgt. Joe Newell has been refunded every single penny paid out.  I will post the details ONLY after receiving permission from the moderator of this forum. 

Respectfully,

Chris


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## TTRNUSMC (Feb 26, 2009)

Sorry I just posted the news on another thread but you guys are way ahead of me.

I'm a Nurse that cares for the wounded coming home and the sister of a Fallen Marine. 

I am so thankful MSgt Newell is free and cleared of these charges. I'm was sick to my stomach over what he was put through. It's a sad day when we put our SOLDIERS on trial for being SOLDIERS. I pray for this Soldier every single night. His name was written in my bible. 

I simply cannot imagine this country without brave warriors like MSgt Newell.  When I rec'd the news last night I was so happy I cried. The man suffered so much for simply having the guts to be a SOLDIER.

I will forever be greatful to him and others that serve. I can never repay them for what they have done for me but I will never stop trying too either.

God Bless you MSgt Newell. I pray you and your loved ones can not move forward and put this behind you. I know it won't be easy.  I'll never stop praying for you. I'm so sorry for what you have been through. It's a disgrace that a Soldier like you had to be treated so bad. 

Thank you for my freedom MSgt Newell. 

Thank you to all of you guys.  BRAVE BRAVE Warriors....

T~


PS: Please let me know where I can donate to the fund. It's the very LEAST I can do...Please include me in on this. I want to help him anyway I can.


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## Crusader74 (Feb 26, 2009)

SARK said:


> The life of the fund will be terminated at the point Master Sgt. Joe Newell has been refunded every single penny paid out.  I will post the details ONLY after receiving permission from the moderator of this forum.
> 
> Respectfully,
> 
> Chris




Please PM Myself with the details of the Fund before it is posted.

Thanks.


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## Gypsy (Feb 26, 2009)

SARK said:


> Here is a fact that the jury wasn’t preview to:
> 
> Master Sgt. Newell was locked up in solitaire confinement for over FOUR months.  A six by six cell, chained at the ankles and wrist tied to a belt around his waist with three other animals that were on death row.  23 hours a day locked up PRIOR to any trial.
> 
> ...



This makes me furious.  Illegal aliens get treated better than this.  Heads should roll.


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## pardus (Feb 26, 2009)

SARK said:


> Master Sgt. Newell did not ask to be sent to hell half way around the world.



Yes he did actually.

He's also an idiot for cutting the ear off.


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## Diamondback 2/2 (Feb 27, 2009)

SARK said:


> What makes an operator high speed?  It is not cool tactical gear, fancy tabs and the ability to rip through pre-coordinated scenarios in training.  It is the ability to master the basics and apply your skill to the unknown.



Ding, ding, ding!!! Great post! Please PM me with the website where I can send my $5...


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## Scotth (Feb 27, 2009)

pardus762 said:


> Yes he did actually.
> 
> He's also an idiot for cutting the ear off.


 
Tend to agree.

He has a second chance to move on with his life I wish the best for the MSG and his family.


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## walt655 (Jun 21, 2009)

Sorry foe spelling, my blackberry is small and I don't proof read.


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## ProPatria (Jun 22, 2009)

This kind of surprises me, but at the same time it doesn't. We have an officer in my BN being charged for murder, not the same circumstances as the MSgt. Those of you who have seen combat would understand what he did, but then again, the general public doesn't.


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## HOLLiS (Jun 22, 2009)

Over the years I have learned not to speculate on these cases.   Let the court martial deal with the facts.  Speculation if any thing tends to harm the US Military and those serving not just one person.  If he is guilty, then the court martial will find him that way.  If he is not guilty, I wish the best. 


Remember Mirtha and the Marines at Haditha.  The damage Mirtha caused.


also these forum are open to all, even Haj and company.


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## walt655 (May 5, 2010)

*Not Specualtion*

Sorry, but I was his team leader and I KNOW who he is. I spent many hours trying to understand him and protect him. He lacked leadership and experience making him a follower only. His testimony is open to the public, request it and see the truth as the judge, jury, and team heard it.  



HOLLiS said:


> Over the years I have learned not to speculate on these cases.   Let the court martial deal with the facts.  Speculation if any thing tends to harm the US Military and those serving not just one person.  If he is guilty, then the court martial will find him that way.  If he is not guilty, I wish the best.
> 
> 
> Remember Mirtha and the Marines at Haditha.  The damage Mirtha caused.
> ...


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## Marauder06 (May 5, 2010)

SARK said:


> Here is a fact that the jury wasn’t preview to:
> 
> Master Sgt. Newell was locked up in solitaire confinement for over FOUR months.  A six by six cell, chained at the ankles and wrist tied to a belt around his waist with three other animals that were on death row.  23 hours a day locked up PRIOR to any trial.
> 
> ...


 

I'm sorry, I'm going to have to see some evidence on this statement.  Are you saying that this happened while the individual was in US DoD custody?


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