Congrats, MSG Newell.
http://www.fayobserver.com/article?id=319549
Jurors say soldier not guilty of murder, mutilation
By Drew Brooks
Staff writer
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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.
