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  whats the big deal. they dont try police officers who murder civilians either?

Original Article

Army won't try 17 tied to Iraqi deaths

Associated Press Mar. 27, 2005 12:00 AM

WASHINGTON - Army officials have decided not to prosecute 17 soldiers involved in the deaths of prisoners in Iraq and Afghanistan, a military report says.

Military investigators recommended courts-martial for the soldiers in the cases of three prisoner deaths for charges ranging from making false statements to murder. Officers rejected those recommendations, ruling that the soldiers lawfully used force, did not understand the rules for using force or there was not enough evidence to prosecute.

Eleven Army soldiers are facing murder or other charges involving the deaths of detainees in Iraq or Afghanistan. The Army Criminal Investigation Command released a report Friday detailing the cases of 27 detainees killed in custody in Iraq and Afghanistan between August 2002 and November 2004.

Twenty-four cases encompassed the 27 deaths; 16 investigations have been closed and eight are open, according to the Army report released Friday. Five cases were referred to other agencies, including deaths involving Navy and Marine troops and the CIA.

"We take each and every death very seriously and are committed and sworn to investigating each case with the utmost professionalism and thoroughness," said Chris Grey, a spokesman for the Criminal Investigation Command.

Army investigators turn over their recommendations to commanders of the soldiers involved. Those commanders can decide whether to bring criminal charges against the accused.

In one case, commanders decided not to file criminal charges against 11 soldiers involved in the death of a former Iraqi army lieutenant colonel in January 2004.

Investigators decided there was enough evidence for negligent homicide charges against two soldiers and for lesser charges, ranging from making false statements to assault, against nine others.

The accused soldiers' commander decided that the soldiers were justified in using force against the Iraqi because he was being aggressive. The case is closed.

In another case, Army special-forces commanders decided not to charge a soldier accused of shooting to death a detainee in Afghanistan in 2002. The commanders decided there wasn't enough evidence, the New York Times reported Saturday.

The third case involved a soldier who killed an Iraqi detainee in September 2003. That commander decided the soldier was not well informed about the rules for using force against prisoners.

One case where soldiers are facing courts-martial involves the death of an Iraqi army major general who was stuffed headfirst into a sleeping bag and suffocated. Four 3rd Armored Cavalry Regiment soldiers are awaiting hearings on whether they will be tried on murder charges.

Another case involves three killings in the Sadr City sector of Baghdad in August 2004, all involving soldiers from the 1st Cavalry Division who allegedly shot the Iraqis in search operations. Two soldiers have pleaded guilty at courts-martial and charges against two soldiers are pending courts-martial, the Army said.

In one of the Sadr City cases, two soldiers have been convicted of murder. One is Staff Sgt. Johnny M. Horne, of Winston-Salem, N.C., who pleaded guilty Dec. 10 to killing a critically wounded 16-year-old Iraqi on Aug. 18. Horne was sentenced to three years in prison, a reduction in rank to private, total forfeiture of wages and a dishonorable discharge.

The other soldier convicted in the same killing was Staff Sgt. Cardenas J. Alban of Inglewood, Calif. He was convicted Jan. 14 and sentenced to one year in prison, a bad-conduct discharge and reduction in rank to private.