Mahmudiyah rape and killings

File:Abeer Qassim Hamza al-Janabi portrait.jpg

Abeer Qassim Hamza al-Janabi ({{Langx|ar|عبير قاسم حمزة الجنابي}} ‘Abīr Qāssim Ḥamza al-Janābī; 19 August 1991 – 12 March 2006),{{cite web |url=http://www.theage.com.au/articles/2006/07/10/1152383677437.html?from=top5 |title=Iraq girl in troops rape case just 14 - World |work=The Age |location=Melbourne, Australia |date=2006-07-11 |access-date=2012-11-06 |archive-url=https://web.archive.org/web/20121103103239/http://www.theage.com.au/articles/2006/07/10/1152383677437.html?from=top5 |archive-date=2012-11-03 |url-status=live }}{{cite news | url=http://www.cnn.com/2006/LAW/07/10/soldiers.charged/index.html | title=U.S. military names soldiers charged in rape, murder probe | publisher=CNN | date=Jul 10, 2006 | access-date=2012-11-06 | archive-url=https://web.archive.org/web/20121106031256/http://www.cnn.com/2006/LAW/07/10/soldiers.charged/index.html | archive-date=2012-11-06 | url-status=live }} lived with her mother and father (Fakhriya Taha Muhasen, 34, and Qassim Hamza Raheem, 45, respectively) and her three siblings: 6-year-old sister Hadeel, 9-year-old brother Ahmed, and 11-year-old brother Mohammed. Of modest means, Abeer's family lived in a rental one-bedroom house in the village of Yusufiyah, which lies west of the larger township of Al-Mahmudiyah, Iraq.{{cite news | url=https://www.nbcnews.com/id/wbna30906766 | title=Killings Shattered Dreams of Rural Iraqi Family |publisher=NBC News |agency=Associated Press | date=May 23, 2009 | access-date=2019-03-23 | url-status=live | df=mdy-all | archive-url=https://web.archive.org/web/20190327231450/http://www.nbcnews.com/id/30906766/ns/world_news-mideast_n_africa/t/killings-shattered-dreams-rural-iraqi-family/ | archive-date=March 27, 2019 }}

Reportedly, before the incident Abeer had endured repeated sexual harassment from U.S. soldiers. Abeer's home was situated approximately 200 meters (220 yards) from a six-man U.S. traffic checkpoint, southwest of the village.{{cite web |url=http://news.findlaw.com/cnn/docs/iraq/usgreen63006cmp4.html |title=FindLaw: U.S. v. Steven D. Green - Murder and Rape Charges against Former U.S. Army 101st Airborne Division Soldier From Ft. Campbell, Kentucky |work=FindLaw |date=2006-06-30 |access-date=2012-11-06 |archive-url=https://web.archive.org/web/20120204151958/http://news.findlaw.com/cnn/docs/iraq/usgreen63006cmp4.html |archive-date=2012-02-04 |url-status=live }}{{cite news |author=Hussein |first1=Akeel |last2=Freeman |first2=Colin |date=2006-07-09 |title=Two dead soldiers, eight more to go, vow avengers of Iraqi girl's rape |url=https://www.telegraph.co.uk/news/main.jhtml?xml=/news/2006/07/09/wirq09.xml |url-status=dead |archive-url=https://web.archive.org/web/20060718063146/http://www.telegraph.co.uk/news/main.jhtml?xml=%2Fnews%2F2006%2F07%2F09%2Fwirq09.xml |archive-date=July 18, 2006 |access-date=2012-11-06 |work=The Daily Telegraph}} Soldiers were said to often watch Abeer doing her chores and tending the garden, as her home was visible from the checkpoint. A neighbor had warned Abeer's father about this behavior beforehand, but he replied that it was not a problem as she was just a young girl. Abeer's brother Mohammed (who along with his younger brother was at school at the time of the murders and thus survived) recalls that the soldiers often searched the house. On one such occasion, Private First Class Steven D. Green ran his index finger down Abeer's cheek, an action which had terrified her.{{cite news |last=Rawe |first=Julie |url=http://www.time.com/time/magazine/article/0,9171,1211562,00.html |title=A Soldier's Shame |magazine=TIME |date=2006-07-09 |access-date=2012-11-06 |archive-url=https://web.archive.org/web/20130823140457/http://www.time.com/time/magazine/article/0%2C9171%2C1211562%2C00.html |archive-date=2013-08-23 |url-status=dead }} Abeer's mother told her relatives before the murders that, whenever she caught the soldiers staring at Abeer, they would give her the thumbs-up sign, point to her daughter and say, "Very good, very good." Evidently this had concerned her and she made plans for Abeer to spend nights sleeping at her uncle's (Ahmad Qassim's) house.{{cite news |author=MacAskill |first=Ewen |date=2007-02-23 |title=US soldier sentenced to 100 years for Iraq rape and murder |url=https://www.theguardian.com/world/2007/feb/23/usa.iraq |url-status=live |archive-url=https://web.archive.org/web/20160820102607/https://www.theguardian.com/world/2007/feb/23/usa.iraq |archive-date=2016-08-20 |access-date=2016-12-15 |work=The Guardian}}

In an interview in February 2006, a month before the murders, Steven Green told The Washington Post

{{Blockquote|I came over here because I wanted to kill people. The truth is, it wasn't all I thought it was cracked up to be. I mean, I thought killing somebody would be this life-changing experience. And then I did it, and I was like, 'All right, whatever.' I shot a guy who wouldn't stop when we were out at a traffic checkpoint and it was like nothing. Over here, killing people is like squashing an ant. I mean, you kill somebody and it's like 'All right, let's go get some pizza.{{'}}{{Cite news |last=Tilghman |first=Andrew |date=July 30, 2006 |title=Encountering Steven Green |url=https://www.washingtonpost.com/archive/opinions/2006/07/30/encountering-steven-green/08403dac-b0ef-4731-a051-f772daf1e5a7/ |newspaper=The Washington Post}}}}

On March 12, 2006, soldiers at the checkpoint (from the 502nd Infantry Regiment)—consisting of Green, Specialist Paul E. Cortez, Specialist James P. Barker, Private First Class Jesse V. Spielman, and Private First Class Bryan L. Howard—had been playing cards, illegally drinking alcohol (whiskey mixed with an energy drink), hitting golf balls, and discussing plans to rape Abeer and "kill some Iraqis."{{cite news |author=Smith |first=Stephen |date=August 7, 2006 |title=Whiskey And Golf Before Rape-Murder? |url=http://www.cbsnews.com/news/whiskey-and-golf-before-rape-murder/ |url-status=live |archive-url=https://web.archive.org/web/20140327044903/http://www.cbsnews.com/news/whiskey-and-golf-before-rape-murder/ |archive-date=2014-03-27 |access-date=2012-11-06 |work=CBS News}} Green was very persistent about "killing some Iraqis" and kept bringing up the idea. At some point, the group decided to go to Abeer's home, after they had seen her passing their checkpoint earlier. The four soldiers of the six-man unit responsible for the checkpoint—Barker, Cortez, Green, and Spielman—then left their posts for Abeer's home. Two men, Howard and Sergeant Anthony W. Yribe, remained at the post. Howard had not been involved in discussions to rape and murder the family, but reportedly heard the four men talking about it and saw them leave. Yribe had no involvement but was also accused of failing to report the attack.

On the day of the massacre, Abeer's father Qassim was enjoying time with his family, while his sons were at school.{{cite news |author=Barrouquere |first=Brett |date=May 29, 2009 |title=Iraqi family's relatives confront killer |url=https://www.smh.com.au/world/iraqi-familys-relatives-confront-killer-20090529-bpm9.html |url-status=live |archive-url=https://web.archive.org/web/20190324050803/https://www.smh.com.au/world/iraqi-familys-relatives-confront-killer-20090529-bpm9.html |archive-date=March 24, 2019 |access-date=2019-03-23 |work=The Sydney Morning Herald |df=mdy-all}} In broad daylight, the four U.S. soldiers walked to the house, not wearing their uniforms, but wearing army-issue long underwear—reportedly to look like "ninjas"—and separated 14-year-old Abeer and her family into two different rooms. Spielman was responsible for grabbing Abeer's 6-year-old sister, who was outside the house with her father, and bringing her inside the house.{{cite news | url=https://cape.army.mil/case-studies/wcs-single.php?id=78&title=black-hearts-yusufiyah-iraq | title="Black Hearts" Case Study: The Yusufiyah Crimes, Iraq, March 12, 2006 | publisher=CAPE Center for the Army Profession and Ethic | access-date=2019-03-21 | url-status=dead | df=mdy-all | archive-url=https://web.archive.org/web/20190327101304/https://cape.army.mil/case-studies/wcs-single.php?id=78&title=black-hearts-yusufiyah-iraq | archive-date=March 27, 2019 }} Green then broke Abeer's mother's arms (likely resulting from a struggle that began when she heard her daughter being raped in the other room) and murdered her parents and younger sister, while two other soldiers, Cortez and Barker, raped Abeer.{{cite news | url=http://socialistworker.org/2006-2/595/595_03_WarCrimes.php | title=Revelations about the rape and murder of an Iraqi girl show how U.S. occupation breeds war crimes | publisher=Socialist Worker | date=July 14, 2006 | access-date=2019-03-21 | url-status=live | df=mdy-all | archive-url=https://web.archive.org/web/20190322023135/http://socialistworker.org/2006-2/595/595_03_WarCrimes.php | archive-date=March 22, 2019 }} Barker wrote that Cortez pushed Abeer to the floor, lifted her dress, and tore off her underwear while she struggled. According to Cortez, Abeer "kept squirming and trying to keep her legs closed and saying stuff in Arabic", as he and Barker took turns holding her down and raping her.{{cite news |author=Hopkins |first=Andrea |date=February 20, 2007 |title=Tearful soldier tells court of Iraq rape-murder |url=https://www.reuters.com/article/us-usa-iraq-murder/tearful-soldier-tells-court-of-iraq-rape-murder-idUSN2037158220070221 |url-status=live |archive-url=https://web.archive.org/web/20190322023643/https://www.reuters.com/article/us-usa-iraq-murder/tearful-soldier-tells-court-of-iraq-rape-murder-idUSN2037158220070221 |archive-date=March 22, 2019 |access-date=2019-03-21 |publisher=Reuters |df=mdy-all}}

Cortez testified that Abeer heard the gunshots in the room in which her parents and little sister were being held, causing her to scream and cry even more. Green then emerged from the room saying, "I just killed them, all are dead."{{cite web |url=http://news.findlaw.com/cnn/docs/iraq/usgreen63006cmp5.html |title=FindLaw: U.S. v. Steven D. Green - Murder and Rape Charges against Former U.S. Army 101st Airborne Division Soldier From Ft. Campbell, Kentucky |work=FindLaw |date=2006-06-30 |access-date=2012-11-06 |archive-url=https://web.archive.org/web/20120503084640/http://news.findlaw.com/cnn/docs/iraq/usgreen63006cmp5.html |archive-date=2012-05-03 |url-status=live }} Green, who later said the crime was "awesome",{{cite news|url=http://uk.reuters.com/article/us-iraq-usa-assault-idUKTRE5468HP20090508 |title=Ex-U.S. soldier found guilty in Iraqi rape, deaths|date=May 8, 2009|publisher=Reuters UK|access-date=2016-01-04|archive-url=https://web.archive.org/web/20160116144908/http://uk.reuters.com/article/us-iraq-usa-assault-idUKTRE5468HP20090508 |archive-date=2016-01-16|url-status=dead}} then raped Abeer, afterwards shooting her in the head multiple times. After the massacre, Barker poured petrol on Abeer and the soldiers set fire to the lower part of the girl's body. Barker testified that the soldiers gave Spielman their bloodied clothes to burn and that he threw the AK-47 used to murder the family into a canal. They left to "celebrate" their crimes with a meal of chicken wings.{{cite news | url=https://www.theage.com.au/world/rape-american-soldiers-took-turns-20060809-ge2vt9.html | title=Rape: American soldiers 'took turns' |work=The Age |location=Melbourne, Australia | date=August 9, 2006 | access-date=2019-03-23 | url-status=live | df=mdy-all | archive-url=https://web.archive.org/web/20190324053241/https://www.theage.com.au/world/rape-american-soldiers-took-turns-20060809-ge2vt9.html | archive-date=March 24, 2019 }}

Meanwhile, the fire from Abeer's body eventually spread to the rest of the room. The smoke alerted neighbors, who were among the first to arrive on the scene. One recalled, "The poor girl, she was so beautiful. She lay there, one leg was stretched and the other bent and her dress was lifted up to her neck." They ran to tell Abu Firas Janabi, Abeer's uncle, that the farmhouse was on fire and that dead bodies could be seen inside the burning building. Janabi and his wife rushed to the farmhouse and doused some of the flames to get inside. Upon witnessing the scene inside, Janabi went to a checkpoint guarded by Iraqi Army soldiers to report the crime. Abeer's 9- and 11-year-old younger brothers, Ahmed and Mohammed, returned from school later that afternoon, first going to their uncle's home, and then to their still-burning home.

The Iraqi soldiers immediately went to examine the scene and thereafter went to an American checkpoint to report the incident. This checkpoint was different from the one manned by the perpetrators. After approximately an hour, some soldiers from the checkpoint went to the farmhouse. These soldiers were accompanied by Cortez who vomited more than once and had to exit the crime scene.

Iraqi soldiers arrived on scene shortly after the incident. Green and his accomplices alleged that the massacre had been perpetrated by Sunni insurgents. These Iraqi soldiers conveyed this information to Abeer's uncle, who viewed the bodies. U.S. investigators concluded that Iraqi insurgents had murdered the al-Janabi family. This incorrect report was reported to military leadership, who chose not to investigate the matter any further. The murders were not widely reported inside Iraq, since Iraq was dealing with widespread violence. Reportedly, several soldiers heard of or were told about the murders, but did not say anything. Anthony W. Yribe was among those who were aware; Green told him of what had happened that day, that he had killed them, and the following day gave Yribe more details.{{Cite web|url=https://www.nbcnews.com/id/wbna30486667|title=Ex-sergeant: Soldier admitted Iraq crimes|date=April 30, 2009|website=NBC News}} In May 2006, Green was honorably discharged after he was diagnosed with antisocial personality disorder.[https://www.opensource.gov/portal/server.pt/gateway/PTARGS_0_0_200_240_151207_43/http%3B/apps.opensource.gov%3B7011/opensource.gov/content/Display/PRINCE/GMP20060705632001?printerFriendly=true Iraqi Television Treatment of Reported Rape, Killing of Iraqi Girl] Iraqi television stations on July 5, 2006

{{Main|June 2006 abduction of United States soldiers in Iraq}}

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| footer = USA Pfc. Kristian Menchaca, (left) and Thomas L. Tucker, (right)

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On July 4, Jaysh al-Mujahidin claimed responsibility for downing a U.S. Army AH-64 Apache "in retaliation for the child, Abir, whom U.S. soldiers raped in Al-Mahmudiyah, south of Baghdad."[https://www.opensource.gov/portal/server.pt/gateway/PTARGS_0_0_200_240_151207_43/http%3B/apps.opensource.gov%3B7011/opensource.gov/content/Display/FEATURE/FEA20060705024912?printerFriendly=true Doha Al-Jazirah Satellite Channel Television in Arabic via OpenSource.gov] 1412 GMT Jul 04, 06

On July 10, the Mujahideen Shura Council released a graphic video showing the bodies of PFCs Thomas L. Tucker and Kristian Menchaca half-burnt, with one of them having been beheaded. This video was accompanied by a statement saying that the group carried out the killings as "revenge for our sister who was dishonored by a soldier of the same brigade."{{cite web|url=http://mypetjawa.mu.nu/archives/183865.php|title=Beheading Desecration Video of Dead U.S. Soldiers Released on Internet by al Qaeda|date=10 July 2006|work=The Jawa Report|access-date=1 December 2014|archive-url=https://web.archive.org/web/20141028214611/http://mypetjawa.mu.nu/archives/183865.php|archive-date=28 October 2014|url-status=dead}}[https://www.opensource.gov/portal/server.pt/gateway/PTARGS_0_0_200_240_51_43/http%3B/apps.opensource.gov%3B7011/opensource.gov/content/Display/PRINCE/GMP20060711650001?printerFriendly=true "Mujahidin Shura Council Links US Soldiers Killing to 'Rape' of Iraqi Girl"].{{dead link|date=December 2014}}{{subscription required|date=April 2015}} Islamic Renewal Organization website via OpenSource.gov, July 11, 2006. The Washington Post reported that David Babineau and two others from the same unit were captured and killed by militants a month after the rape.{{cite news |author=Knickmeyer |first1=Ellen |last2=Partlow |first2=Joshua |date=2006-07-10 |title=Capital Charges Filed In Rape-Slaying Case: U.S. Details Allegations Against GIs in Iraq |url=https://www.washingtonpost.com/wp-dyn/content/article/2006/07/10/AR2006071000614_pf.html |url-status=live |archive-url=https://web.archive.org/web/20121108044424/http://www.washingtonpost.com/wp-dyn/content/article/2006/07/10/AR2006071000614_pf.html |archive-date=2012-11-08 |access-date=2009-05-23 |newspaper=The Washington Post |page=A11}}{{cite news |author=Partlow |first1=Joshua |last2=Al-Izzi |first2=Saad |date=2006-07-12 |title=From Baghdad Mosque, a Call to Arms |url=https://www.washingtonpost.com/wp-dyn/content/article/2006/07/11/AR2006071100235_pf.html |url-status=live |archive-url=https://web.archive.org/web/20081007165010/http://www.washingtonpost.com/wp-dyn/content/article/2006/07/11/AR2006071100235_pf.html |archive-date=2008-10-07 |access-date=2009-05-23 |newspaper=The Washington Post |page=A08 |quote=The hand-held video shows two bodies—one decapitated, the other face down on the ground as someone steps on his head. The video was posted on an insurgent Web site, accompanied by a statement from the Mujaheddin al-Shura Council, a collection of several insurgent groups including al-Qaeda in Iraq, asserting that the soldiers were killed in retaliation for the rape and murder of an Iraqi girl and the murders of three members of her family, allegedly by U.S. soldiers from the same unit in the nearby town of Mahmudiyah.}}

The video from the Mujahideen Shura Council claimed that upon learning of the massacre, the group "kept their anger to themselves and didn't spread the news, but were determined to avenge their sister's honor". Locals may have been able to deduce the guilt of the U.S. soldiers from the nearby checkpoint, after the Americans and their Iraqi cohort unit provided the explanation, "Sunni extremists did this." A portion of locals served as auxiliary support for both for Al-Qaeda in Iraq and the 1920 Revolution Brigades. Auxiliary support supplied material aid and performed a human intelligence support function. Relaying the accusation of the local MNC-I unit to the insurgents was a basic function of that support. The Sunni extremists were able to eliminate themselves as suspects and, having an already low opinion of the U.S. military, may have assumed the guilt of the 101st Airborne soldiers. A statement issued along with the video stated that, "God Almighty enabled them to capture two soldiers of the same brigade as this dirty crusader." Other militant groups also made various claims or statements announcing revenge campaigns after the killings were reported on July 4, when the U.S. investigation into the incident was announced.[https://www.opensource.gov/portal/server.pt/gateway/PTARGS_0_0_200_240_51_43/http%3B/apps.opensource.gov%3B7011/opensource.gov/content/Display/PRINCE/GMP20060710339002?printerFriendly=true Salah al-Din Brigades Vows Revenge for Al-Mahmudiyah 'Rape' Case] Islamic Renewal Organization (IRO) website in Arabic via OpenSource.gov, July 10, 2006[https://www.opensource.gov/portal/server.pt/gateway/PTARGS_0_0_200_240_51_43/http%3B/apps.opensource.gov%3B7011/opensource.gov/content/Display/PRINCE/GMP20060710341001?printerFriendly=true Al-Mujahidin Army Responds to Alleged Rape of Iraqi Girl by US Soldiers] Baghdad al-Rashid forum in Arabic via OpenSource.gov, July 10, 2006

On July 12, the Islamic Army in Iraq claimed responsibility for a suicide car bomb near the entrance to the Green Zone in Baghdad, in support of the "Abir operations" targeting the "evil den in the Green prison".[https://www.opensource.gov/portal/server.pt/gateway/PTARGS_0_0_200_240_51_43/http%3B/apps.opensource.gov%3B7011/opensource.gov/content/Display/PRINCE/GMP20060712338003?printerFriendly=true Islamic Army in Iraq: Green Zone Attack 'in Support of Abir, Gaza Operations'] Al-Firdaws Jihadist Forums at www.alfirdaws.org/vb on July 12, 2006

Shortly after the June 16 attack in which Tucker, Menchaca, and Babineau were captured, PFC Justin Watt who also served in the unit spoke with fellow soldier Sergeant Anthony Yribe. During their conversation, Yribe told Watt about what he had heard from Green about killing the al-Janabi family. Watt then approached Bryan Howard, who confirmed everything. Neither Yribe nor Howard were planning to talk to military leadership about the crime.{{cite news |last=Zoroya |first=Gregg |date=September 13, 2006 |title=Whistle-blower in anguish |work=USA Today |url=https://www.usatoday.com/news/nation/2006-09-12-soldier-anguish_x.htm |url-status=live |access-date=2017-09-04 |archive-url=https://web.archive.org/web/20120723091033/http://www.usatoday.com/news/nation/2006-09-12-soldier-anguish_x.htm |archive-date=2012-07-23}}

Watt felt differently but feared retaliation from his fellow soldiers. After calling his father, Rick Watt{{snd}}an Army veteran{{snd}}Watt decided to come forward. Watt then talked to a non-commissioned officer in his platoon, Sergeant John Diem. Watt trusted Diem; he told him he knew a terrible crime had been committed and asked for his advice, fearing reprisals if he reported the crime. Diem told Watt to be cautious, but said he had a duty as an honorable soldier to report the crime to the proper authorities. The two men did not trust their chain of command to protect them if they reported a war crime. Around June 20, 2006, Watt reported the crime and informed Diem.{{Cite web |title=Ex-sergeant: Soldier admitted Iraq crimes |url=https://www.nbcnews.com/id/wbna30486667 |website=NBC News|date=30 April 2009 }} Four days later, the battalion commander, Lieutenant Colonel Thomas Kunk, went to the checkpoints where Cortez, Barker, and Spielman were assigned. Kunk questioned them about the reported incident. All of them denied any knowledge or involvement. Kunk then went to Watt's patrol base. In interviews later on, Watt recalled the incident:

Kunk had confronted Watt while he was on sentry duty, and took him to a small, dark room in a run-down building. Several soldiers, including Yribe, watched as Kunk screamed at Watt that he should charge him with filing a false report, and accused him of trying to get out of the Army. Kunk asked Watt why he would want to ruin his fellow soldiers' careers, and told him he was just repeating false information. Watt explained why he reported the incident. However, Kunk silenced him and told him to return to his post, which Watt did.

Watt then watched Kunk load up his convoy and leave. According to interviews, this was the exact scenario that Watt had feared. He had just been publicly identified as the whistleblower, then abandoned. "I can't explain to you how I felt watching that convoy drive away", Watt recalled. "I thought I was a dead man." However, Diem, who was at another checkpoint down the road, saw the convoy leaving Watt's patrol base. Diem asked Kunk if he had taken Watt with him. Kunk replied that he had not. Diem said, "You have to go back and get him. If you leave him there, they'll kill him."{{Cite web |last1=Hern |first1=Chris |last2=ez |date=2014-08-08 |title=War Crimes, Hard Choices, and Harder Consequences: Part IV |url=https://www.breachbangclear.com/war-crimes-hard-choices-and-harder-consequences-part-iv/ |access-date=2022-09-06 |website=Breach Bang Clear |language=en-US}}{{Cite web |title="Black Hearts" Case Study: The Yusufiyah Crimes, Iraq, March 12, 2006 {{!}} Written Case Study |url=https://capl.army.mil/case-studies/wcs-single.php?id=78&title=black-hearts-yusufiyah-iraq |access-date=2022-09-06 |website=capl.army.mil |archive-date=2022-09-23 |archive-url=https://web.archive.org/web/20220923214214/https://capl.army.mil/case-studies/wcs-single.php?id=78&title=black-hearts-yusufiyah-iraq |url-status=dead }}

Green, Barker, Cortez, Spielman, Howard, and Yribe were all arrested within days of this incident. Since Green had already been discharged from the military, the FBI assumed jurisdiction over him under the Military Extraterritorial Jurisdiction Act and the U.S. Department of Justice charged him with the murders.[http://www.zwire.com/site/news.cfm?newsid=16887008&BRD=1817&PAG=461&dept_id=68561&rfi=6 Federal court to try ex-soldier on Iraq charges] ({{webarchive|url=https://web.archive.org/web/20070307162810/http://www.zwire.com/site/news.cfm?newsid=16887008&BRD=1817&PAG=461&dept_id=68561&rfi=6|date=March 7, 2007}}). July 6, 2006.{{cite web |title=18 USC Chapter 212 |url=http://uscode.house.gov/download/pls/18C212.txt |archive-url=https://web.archive.org/web/20060628203852/http://uscode.house.gov/download/pls/18C212.txt |archive-date=June 28, 2006}} Green was arrested as a civilian and was tried and convicted by the United States District Court for the Western District of Kentucky in Paducah, Kentucky.{{cite web |url=http://www.freep.com/article/20090507/NEWS07/90507088 |url-status=dead |archive-url=https://web.archive.org/web/20090511191120/http://www.freep.com:80/article/20090507/NEWS07/90507088 |archive-date=2009-05-11 |first=Brett |last=Barrouquere |agency=Associated Press |title=Ex-soldier convicted in Iraq rape, 4 slayings |date=2009-05-07 |website=Detroit Free Press }}

File:Steven Dale Green.jpg

Green was arrested in North Carolina while traveling home from Arlington, Virginia, where he had attended the funeral of a soldier. On June 30, 2006, the FBI arrested Green, who was held without bond and transferred to Louisville, Kentucky. On July 3, federal prosecutors charged him with raping and murdering Abeer, and with murdering her parents and younger sister. On July 10, the U.S. Army charged four other active-duty soldiers with the same crime. Yribe was charged with failing to report the attack, but not with having participated in the massacre.{{Cite web |title=FindLaw's United States Sixth Circuit case and opinions. |url=https://caselaw.findlaw.com/us-6th-circuit/1577638.html |access-date=2022-03-13 |website=Findlaw}}

On July 6, 2006, Green entered a plea of not guilty through his public defenders. U.S. Magistrate Judge James Moyer set an arraignment date of August 8 in Paducah, Kentucky.{{cite news |title=Ex-soldier pleads not guilty to rape, murder: Former Army private accused of raping woman, killing family |url=http://www.cnn.com/2006/LAW/07/06/iraq.charge.ap/index.html |archive-url=https://web.archive.org/web/20060718071205/http://www.cnn.com/2006/LAW/07/06/iraq.charge.ap/index.html |archive-date=July 18, 2006 |access-date=2006-07-06 |work=CNN}}

On July 11, his lawyers requested a gag order. "This case has received prominent and often sensational coverage in virtually all print, electronic and internet news media in the world. [...] Clearly, the publicity and public passions surrounding this case present the clear and imminent danger to the fair administration of justice", said the motion.{{cite web|title=MOTION TO RESTRAIN PARTIES AND OTHER TRIAL PARTICIPANTS FROM MAKING EXTRAJUDICIAL STATEMENTS OF INFLAMMATORY OR PREJUDICIAL NATURE |url=http://www.kywd.uscourts.gov/3-06-00230/pdf/entry14MainDocument.pdf |publisher=United States District Court for the Western District of Kentucky |date=2006-07-11 |access-date=2009-05-23 |url-status=dead |archive-url=https://web.archive.org/web/20090512082357/http://www.kywd.uscourts.gov/3-06-00230/pdf/entry14MainDocument.pdf |archive-date=2009-05-12 }} Prosecutors had until July 25 to file their response to the request.{{cite news|url=http://www.cnn.com/2006/LAW/07/11/gag.order/index.html|title=Gag requested in Iraq rape-murder case |access-date=2006-10-20|date=2006-07-11|archive-url=https://web.archive.org/web/20060922214159/http://www.cnn.com/2006/LAW/07/11/gag.order/index.html|archive-date=2006-09-22|url-status=live}} On August 31, a federal judge rejected the gag order. U.S. District Judge Thomas Russell said there is "no reason to believe" that Green's right to a fair trial would be in jeopardy. Furthermore, he added, "It is beyond question that the charges against Mr. Green are serious ones, and that some of the acts alleged in the complaint are considered unacceptable in our society."{{cite news|url=http://www.military.com/NewsContent/0,13319,112183,00.html|title=Judge in Rape-Murder Case Denies Gag Order|agency=Associated Press|date=2006-09-01|access-date=2006-10-20|archive-url=https://web.archive.org/web/20071205155017/http://www.military.com/NewsContent/0,13319,112183,00.html|archive-date=2007-12-05|url-status=live}}

Opening arguments in Green's trial were heard on April 27, 2009.{{cite news|first=Brett |last=Barrouquere |title=Ex-soldier trial for rape, murder in Iraq opens |url=https://www.sandiegouniontribune.com/sdut-us-iraq-rape-slaying-042709-2009apr27-story.html |agency=Associated Press |date=2009-04-27 |access-date=2009-05-23 |work=The San Diego Union-Tribune }} The prosecution rested its case on May 4.{{cite news|url=http://www.armytimes.com/news/2009/05/ap_iraq_slaying_trial_050409w|title=Prosecution rests in trial for Iraq crimes|agency=Associated Press|date=2009-05-04|access-date=2009-05-23}} On May 7, 2009, Green was found guilty by the federal court in Kentucky of rape and multiple counts of murder. While prosecutors sought the death penalty in this case, jurors failed to agree unanimously and the death sentence could not be imposed.{{cite news|url=http://news.bbc.co.uk/2/hi/americas/8062705.stm|title=US soldier spared death penalty|work=BBC News|date=2009-05-21|access-date=2009-05-21|archive-url=https://web.archive.org/web/20090522012016/http://news.bbc.co.uk/2/hi/americas/8062705.stm|archive-date=2009-05-22|url-status=live}} On September 4, Green was formally sentenced to life in prison with no possibility of parole.{{cite news|url=http://news.bbc.co.uk/2/hi/americas/8239206.stm|title=Life for US soldier's Iraq crimes|work=BBC News|date=2009-09-04|access-date=2009-09-04|archive-url=https://web.archive.org/web/20090905100714/http://news.bbc.co.uk/2/hi/americas/8239206.stm|archive-date=2009-09-05|url-status=live}} That Green was spared the death penalty provoked outrage from the family's relatives, with Abeer's uncle describing the sentence as "a crime—almost worse than the soldier's crime".{{cite news|url=https://www.reuters.com/article/us-iraq-usa-assault-reaction-idUSTRE54L2OW20090522|title=Iraqi relatives decry life for U.S. rape soldier|publisher=Reuters|date=May 22, 2009|access-date=2016-01-04|archive-url=https://web.archive.org/web/20160116144908/http://www.reuters.com/article/us-iraq-usa-assault-reaction-idUSTRE54L2OW20090522|archive-date=2016-01-16|url-status=live}} Green challenged his convictions, claiming that the Military Extraterritorial Jurisdiction Act is unconstitutional and that he should face a military trial.{{cite web |date=2011-01-21 |title=Ex-soldier appealing sentences in Iraq deaths |url=http://www.wdtn.com/dpp/news/ohio/ex-soldier-appealing-sentences-in-iraq-deaths |url-status=dead |archive-url=https://web.archive.org/web/20121021151647/http://www.wdtn.com/dpp/news/ohio/ex-soldier-appealing-sentences-in-iraq-deaths |archive-date=2012-10-21 |access-date=2012-11-06 |website=Wdtn.com}} He lost his appeal in August 2011.{{cite web|url=https://www.google.com/hostednews/afp/article/ALeqM5iSVppxz40Ew00Ba7q9RIsiTGRk9A?docId=CNG.e465939209075d4ca665138490bf3cb9.481|archive-url=https://archive.today/20130124200828/http://www.google.com/hostednews/afp/article/ALeqM5iSVppxz40Ew00Ba7q9RIsiTGRk9A?docId=CNG.e465939209075d4ca665138490bf3cb9.481|url-status=dead|archive-date=January 24, 2013|title=AFP: Ex-US soldier loses appeal of Iraq rape, murders|date=2011-08-16|access-date=2012-11-06}}

Green was held in the United States Penitentiary, Tucson, Arizona, and died from complications following an attempt at suicide by hanging two days earlier.{{Cite web |last=Almasy |first=Steve |date=2014-02-18 |title=Former soldier at center of murder of Iraqi family dies after suicide attempt |url=https://edition.cnn.com/2014/02/18/us/soldier-steven-green-suicide/index.html?hpt=hp_t3 |url-status=live |archive-url=https://web.archive.org/web/20140219062004/http://edition.cnn.com/2014/02/18/us/soldier-steven-green-suicide/index.html?hpt=hp_t3 |archive-date=2014-02-19 |access-date=2014-02-19 |website=CNN}}

As of May 28, 2025, the Federal Bureau of Prisons Inmate Locator indicates Green deceased since February 15, 2014.https://www.bop.gov/inmateloc/

File:James Barker.jpg

On November 15, 2006, Barker pleaded guilty to rape and murder as part of a plea agreement requiring him to give evidence against the other soldiers to avoid a possible death sentence. In a statement to the judge, Barker said "I hated Iraqis, your honor. They can smile at you, then shoot you in your face without even thinking about it."{{Cite news |date=2006-11-16 |title=Iraqis |pages=4 |work=Pittsburgh Post-Gazette |url=https://www.newspapers.com/clip/97516218/iraqis/ |access-date=2022-03-13}}

During his sentencing hearing, numerous fellow soldiers testified in favor of the argument that Barker could eventually be rehabilitated. They described Barker going weeks with minimal support and sleeping as he manned checkpoints. Captain William Fischbach, the lead prosecutor, said this was no excuse for Barker's actions and requested a life term without parole. "This burned-out corpse that used to be a 14-year-old girl never fired bullets or lobbed mortars", Fischbach said as he held pictures of the crime scene. "Society should not have to bear the risk of the accused among them ever again." Quivering as he spoke, Barker began weeping as he said "I want the people of Iraq to know that I did not go there to do the terrible things that I did. I do not ask anyone to forgive me today." He said the violence he had encountered in Iraq left him "angry and mean" toward Iraqis.{{cn|date=March 2024}}

Ultimately, Barker was sentenced to 90 years in prison with the possibility of parole after serving 10 years. He was also dishonorably discharged, demoted to the rank of private, and ordered to forfeit all of his pay and allowances.

{{cite news

|url=https://www.theguardian.com/world/2006/nov/17/iraq.usa1

|title=Iraq rape soldier given life sentence

|publisher=Guardian Unlimited

|date=2006-11-17

|access-date=2014-04-28

|location=London

|archive-url=https://web.archive.org/web/20140429044822/http://www.theguardian.com/world/2006/nov/17/iraq.usa1

|archive-date=2014-04-29

|url-status=live

}}

Journalists reported that "he smoked a cigarette outside as a bailiff watched over him. He grinned but said nothing as reporters passed by."{{cite news

|url=https://www.usatoday.com/news/nation/2006-11-16-barker_x.htm

|title=Iraq rape soldier given life sentence

|work=USA Today

|agency=Associated Press

|date=2006-11-16

|access-date=2011-12-12}}

As of 2009, he was being held in the United States Disciplinary Barracks at Fort Leavenworth, Kansas.{{cite news

| url=http://www.courier-journal.com/article/20090414/NEWS01/90413030

| archive-url=https://archive.today/20130102083625/http://www.courier-journal.com/article/20090414/NEWS01/90413030

| url-status=dead

| archive-date=2013-01-02

| title=Where are they now?

| date=2009-04-13

| work=Louisville Courier Journal

| access-date=2009-07-09

}}

As of May 3, 2025, the [https://www.bop.gov/inmateloc/ Federal Bureau of Prisons Inmate Locator] indicates there is no James Barker currently in custody, and of the James Barkers listed "NOT IN BOP CUSTODY", there appears no James Barker of the age, about 42, James P. Barker would be in 2025. They are held in Leavenworth, an army prison whose inmates are not listed in the Locator.

File:Paul Cortez.jpg

On January 22, 2007, Cortez pleaded guilty in a court martial to rape, conspiracy to rape, and four counts of murder as part of a plea deal to avoid a possible death sentence. During his sentencing hearing, his lawyers argued that he was under war-related stress. Cortez was sentenced to 100 years in prison with the possibility of parole after 10 years.{{cite news

|url = https://womensmediacenter.com/news-features/100-year-sentence-for-second-soldier-convicted-of-rape-and-murder

|title = 100-Year Sentence for Second Soldier Convicted of Rape and Murder

|publisher = Women's Media Center

|last = Nagi

|first = Milon

|date = 2007-02-23

|access-date = 2023-05-19

|archive-url = https://web.archive.org/web/20230519082114/https://womensmediacenter.com/news-features/100-year-sentence-for-second-soldier-convicted-of-rape-and-murder

|archive-date = 2023-05-19

|url-status = live

}} He was also dishonorably discharged, demoted to the rank of private, and ordered to forfeit all of his pay and allowances. Tears rolled down his face as he apologized for his roles in the murders. "I still don't have an answer", Cortez told the judge. "I don't know why. I wish I hadn't. The lives of four innocent people were taken. I want to apologize for all of the pain and suffering I have caused the Al Janabi family."{{cite news |last=Hall |first=Tim |date=2007-02-25 |title=US soldier jailed for 100 years for rape |url=https://www.telegraph.co.uk/news/worldnews/1543650/US-soldier-jailed-for-100-years-for-rape.html |url-status=live |archive-url=https://web.archive.org/web/20090909193309/http://www.telegraph.co.uk/news/worldnews/1543650/US-soldier-jailed-for-100-years-for-rape.html |archive-date=9 September 2009 |work=The Daily Telegraph |location=London |access-date=2025-03-12}}

As of May 3, 2025, the [https://www.bop.gov/inmateloc/ Federal Bureau of Prisons Inmate Locator] indicates Paul E. Cortez, age 42, is "NOT IN BOP CUSTODY". They are held in Leavenworth, an army prison whose inmates are not listed in the Locator.

File:Jesse V. Spielman.jpeg

On August 3, 2007, Spielman, 23, was sentenced by a court martial to 110 years in prison with the possibility of parole after 10 years. He was also dishonorably discharged, demoted to the rank of private, and ordered to forfeit all of his pay and allowances. He was convicted of rape, conspiracy to commit rape, housebreaking with intent to rape, and four counts of felony murder. He initially pleaded guilty to conspiracy toward obstruction of justice, arson, wrongfully touching a corpse, and drinking.{{cite news | url=http://www.abcnews.go.com/US/wireStory?id=3447964 | title=110-Year Sentence in Iraq Rape-Killing | publisher=ABC News (United States) | date=2007-08-04 | access-date=2007-08-04 | author=Lenz, Ryan | archive-url=https://web.archive.org/web/20071121011938/http://www.abcnews.go.com/US/wireStory?id=3447964 | archive-date=November 21, 2007}} After the verdict, Spielman's grandmother fainted, while his sister, Paige Gerlach, screamed "I hate the government. You people put him there and now, this happened."

As of 2009, Spielman was being held in the United States Disciplinary Barracks at Fort Leavenworth, Kansas.

As of May 3, 2025, the [https://www.bop.gov/inmateloc/ Federal Bureau of Prisons Inmate Locator] indicates no inmate named Jesse Spielman. They are held in Leavenworth, an army prison whose inmates are not listed in the Locator.

Howard was sentenced by a court martial under a plea agreement for conspiracy to obstruct justice and being an accessory after the fact. The court found that his involvement included hearing the others discussing the crime and lying to protect them, but not commission of the actual rape or murders.{{cite news

|url = http://www.chron.com/neighborhood/humble-news/article/Huffman-soldier-sentenced-in-atrocity-cover-up-1807579.php

|title = Huffman soldier sentenced in Iraq atrocities

|newspaper = Houston Chronicle

|date = 2007-03-22

|access-date = 2008-05-27

|first = Cindy

|last = Horswell

|archive-url = https://web.archive.org/web/20170828102602/http://www.chron.com/neighborhood/humble-news/article/Huffman-soldier-sentenced-in-atrocity-cover-up-1807579.php

|archive-date = 2017-08-28

|url-status = live

}}{{cite web

|url = http://www.alertnet.org/thenews/newsdesk/N03226164.htm

|title = US prosecutors seek death penalty in Iraq murders

|publisher = Reuters

|date = 2007-07-03

|access-date = 2008-05-27

|archive-url = https://web.archive.org/web/20080725012616/http://www.alertnet.org/thenews/newsdesk/N03226164.htm

|archive-date = 2008-07-25

|url-status = live

}} Howard was sentenced to 27 months in prison, demoted in rank to private, and dishonorably discharged.

Yribe was initially charged with obstructing the investigation, specifically, dereliction of duty and making a false statement. In exchange for his testimony against the other men, the government dropped the charges against Yribe and he was given an other than honorable discharge.{{cite news | url=https://www.nytimes.com/2006/11/15/washington/15plea.html | work=The New York Times | title=Soldier to Plead Guilty in Iraq Rape and Killings | date=2006-11-15 | access-date=2010-05-12 | first=Paul | last=Von Zielbauer | archive-url=https://web.archive.org/web/20160116144908/http://www.nytimes.com/2006/11/15/washington/15plea.html | archive-date=2016-01-16 | url-status=live }}{{cite news | url=http://www.iht.com/articles/ap/2007/07/31/america/NA-GEN-US-Iraq-Rape-Slaying.php | title=Soldier testifies another soldier admitted to attack on family | work=International Herald-Tribune | date=July 31, 2007 | agency=Associated Press | archive-url=https://web.archive.org/web/20070804141610/http://www.iht.com/articles/ap/2007/07/31/america/NA-GEN-US-Iraq-Rape-Slaying.php | archive-date=August 4, 2007}}

Watt, the whistleblower, received a medical discharge and as of 2009 was running a computer business. He says that he received death threats after coming forward; but in 2010, he was asked by the US Army Center for the Army Profession and Ethic (CAPE) at West Point, New York, to be interviewed and speak before Army Profession audiences about his decision to report the crimes in accordance with his moral obligation to uphold the Army Ethic.{{citation needed|date=May 2018}}

Muhammed and Ahmed Qassim Hamza al-Janabi, the surviving brothers of murder victim Abeer Qassim Hamza al-Janabi, were being raised by an uncle, according to testimony in the courts-martial of Cortez, Barker and Spielman.

• The 2007 war film Redacted is loosely based upon the events at Mahmudiyah.
• The incident and the ensuing investigations were described in the book Black Hearts by Jim Frederick, published in 2010.{{cite book |last1=Frederick |first1=Jim |title=Black Hearts: One Platoon's Descent Into Madness in Iraq's Triangle of Death |publisher=Harmony Books |year=2010 |isbn=9780230752948 |pages=4–8}}{{cite news |author=Hammer |first=Joshua |date=12 March 2010 |title=Death Squad |url=https://www.nytimes.com/2010/03/14/books/review/Hammer-t.html |url-status=live |archive-url=https://web.archive.org/web/20100331040606/http://www.nytimes.com/2010/03/14/books/review/Hammer-t.html |archive-date=2010-03-31 |access-date=2012-11-06 |newspaper=The New York Times}}
• The play 9 Circles by Bill Cain follows Daniel Reeves, a character based on Steven D. Green, through the aftermath of Mahmudiyah and was performed in 2011 at the Bootleg Theatre in Los Angeles.{{cite news|url=http://latimesblogs.latimes.com/culturemonster/2011/10/theater-review-9-circles-at-bootleg-theater.html|title=Theater review: '9 Circles' at Bootleg Theater|work=Los Angeles Times|access-date=2014-02-20|archive-url=https://web.archive.org/web/20140506073106/http://latimesblogs.latimes.com/culturemonster/2011/10/theater-review-9-circles-at-bootleg-theater.html|archive-date=2014-05-06|url-status=live}}
• The incident was covered extensively in March 2018, in Case 78 of Casefile True Crime Podcast.{{cite web |url=http://casefilepodcast.com/case-78-the-janabi-family/ |title=Case 78: The Janabi Family |date=17 March 2018 |work=Casefile: True Crime Podcast |access-date=14 April 2018 |archive-url=https://web.archive.org/web/20180414233938/http://casefilepodcast.com/case-78-the-janabi-family/ |archive-date=2018-04-14 |url-status=live}} The podcast also released an interview with Watt on February 1, 2020.

{{Portal|United States|Iraq|Law}}

• 2004 Fallujah ambush
• Maywand District murders
• Haditha massacre
• Hamdania incident
• John E. Hatley
• Human rights in post-invasion Iraq
• Incident on Hill 192
• Kandahar massacre
• Sexual assault in the U.S. military
• United States war crimes

{{reflist}}

• Video: [https://web.archive.org/web/20101224094142/http://www.expose-the-war-profiteers.org/DOD/iraq_II_videos/mahmudiya_documentary.htm The Rape & Murder Scene in Mahmudiya]—Short BBC News documentary from August 7, 2006 based on the story [http://news.bbc.co.uk/1/hi/world/middle_east/5253160.stm "Troops 'took turns' to rape Iraqi"]
• Images: [http://www.expose-the-war-profiteers.org/DOD/iraq_II/mahmudiya_docs/images.htm The Mahmudiya Massacre Images—A Photo Series]
• Resources: [https://web.archive.org/web/20081017113316/http://www.expose-the-war-profiteers.org/DOD/iraq_II/mahmudiya.htm#Background The Massacre of Mahmudiya: A full detail of the case with court documents]
• "[https://www.nbcnews.com/id/wbna30906766 Killings shattered dreams of rural Iraqi family]". Associated Press at NBC News. 2009.
• [http://www.theage.com.au/news/world/rape-american-soldiers-took-turns/2006/08/08/1154802889413.html "Rape: American soldiers 'took turns{{'"}}]. The Age, August 8, 2006
• [http://i.cdn.turner.com/cnn/2009/images/05/28/statement.pdf "Steven Green's Apology to Victims"], CNN, May 28, 2009
• [https://www.washingtonpost.com/wp-dyn/content/article/2006/07/28/AR2006072801492_pf.html "I came over here because I wanted to kill people"]. Andrew Tilghman, The Washington Post, Sunday July 30, 2006
• [https://web.archive.org/web/20160420103740/http://usacac.army.mil/CAC2/MilitaryReview/Archives/English/MilitaryReview_20160228_art017.pdf "Lessons from Yusufiyah: From Black Hearts to Moral Education"]—Combined Arms Center, Army.mil

{{Iraq War}}

Category:101st Airborne Division

Category:2006 murders in Iraq

Category:Baghdad Governorate in the Iraq War

Category:Child murder in Iraq

Category:Child sexual abuse in Iraq

Category:Child sexual abuse in wars

Category:Civilian casualties in the Iraq War

Category:Events that led to courts-martial

Category:Family murders

Category:Female murder victims

Category:Gang rape in Asia

Category:Incidents of violence against girls

Category:Iraq War crimes by the United States

Category:March 2006 crimes in Asia

Category:March 2006 in Iraq

Category:Massacres committed by the United States

Category:Massacres in 2006

Category:Massacres of the Iraq War

Category:Occupation of Iraq

Category:Sexual violence in the Iraq War

Category:United States Army in the Iraq War

Category:Violence against women in Iraq