Many Trucking Veterans also Military Veterans

There are millions of professional truckers in America, all with different points of views and opinions on a wide range of topics.   A standing joke among the industry is the difficulty in finding two truck drivers who agree on one issue.  Among these millions of truck drivers are thousands who have served in the U. S. Armed Forces.   Army, Navy, Air Force and Marines . . . perhaps the Brotherhood of trucking has long been forgotten within the industry, but one thing these truckers do agree on is that the Brotherhood between soldiers last for a lifetime.  They also agree that today’s U. S. Armed Forces have become a political military, which all started with what became known as the Pendleton 8.

The Pendleton 8 involved the case where seven Marines and a Navy Corpsman were charged with the killing of an Iraqi civilian.  This case brought forth many anti-war liberal politicians who labeled our U. S. soldiers as nothing more than murderers and terrorists who’s sole purpose were to kill innocent civilians.   Among these anti-war politicians leading this movement against our heroes were Represenative John Murtha and then Senator Barack Obama.    Military personnel  in combat and fighting within the killing zones, now had their hands tied behind their backs, unable to do the work of a soldier.  Afraid of firing back at the enemy of the United States and fighting for the freedom and safety of all Americans, U. S. troops found themselves fighting instead, against a politicized military which would accuse them of murder and various crimes that could send them to prison for life.

During the time of George Bush’s presidency, we were bombarded by anti-war protesters on a daily basis.  Cries of “End the War Now” and “Bring our troops home” echoed through out the country every single day.   Who can forget the antics of Cindy Sheehan and other anti-war activists?  The day Barack Obama came to office, the anti-war movement ended and not a single sound of protest has been heard since.   Never in our history has a sitting U. S. President denied a Military General the requested number of additional troops needed to fight a war.  Having asked for 40,000 additional troops, Barack Obama gave him 30,000.

Where are the anti-war activists now?   Why have their cries grown silent while our men and women are still fighting the war?   It is because they were never really anti-war, only anti-Republican.  We now have a Congress and Senate majority, along with an Administration that hates the military and what it stands for.  An American soldier now, has to stop and consider their own fate, before attacking an enemy combatant.  An American soldier now has to stop and think about protecting their own life and the life of their fellow soldiers, before taking action in a war.  We now have an Administration and leaders of the free world, along with prosecuting attorneys, just waiting . . . ready at any moment to send an American soldier to prison for performing the duties of an American soldier.

Lt. Michael Behenna is one of those soldiers.

Army Ranger Michael Behenna joined the military to defend his country after the 911 attack.   He was deployed to Iraq as a 2nd Lieutenant and leader of the 18-member Delta Company, 5th platoon of the Army’s 101st Airborne Infantry Division in September 2007.  Once there, Lt. Behenna was stationed at Forward Operating Base Summerall, near the regions of Baiji, Albu Toma and Salaam Village.    One of the first tasks he took on was seeking out Sheik Hamad, the leader of Albu Toma. Sheik Hamad was considered the King of the area, and was also an enemy of the insurgents.  Lt. Behenna quickly became good friends with the Sheik and worked closely with him in fighting against the terrorists.    It is because of information received from the Sheik, that Lt. Behenna was able to detain Ali Mansur, a known member of an al-Qaida cell.

Terrorist, Ali Mansur organized an attack which killed two U. S.  soldiers and injured two others.  Lt. Behenna and his platoon captured Ali Mansur in 2008 and Michael was ordered to personally return the terrorist to his home and release him.   According to Behenna’s account, Mansur lunged for Behenna as he was being returned home and Behenna shot him in self-defense.  Even though an expert witness supports Behenna’s version of events, the government refused to hear this testimony.   Lieutenant Behenna is now serving a 15 year sentence at Fort Leavenworth, Kansas, convicted of unpremeditated murder in the shooting death of Ali Mansur.

The expert witness, Dr. Herbert Leon MacDonnell, Director of the Laboratory of Forensic Science in Corning, New York, is an expert in blood stain forensics.  His career goes back for fifty years,  and includes such high-profile and complex cases as the assassinations of President John F. Kennedy,  Senator Robert F. Kennedy, Martin Luther King Jr.,  and even the case against O.J. Simpson.  He is, without a doubt, an expert in the field.    Dr. MacDonnell contacted the prosecutors in the case against Lt. Behenna, informing them of his findings which supported Michael’s testimony.  The prosecutors, only interested in sending an American soldier to prison, refused to call this expert witness to the stand.  Furthermore, they failed to advise the defense of Dr. MacDonnell’s findings.  A clear violation of the Brady Material.

A Brady motion is a defendant’s request for evidence concerning a material witness which is favorable to the defense and to which the defense may be entitled. Favorable evidence includes not only evidence that tends to exculpate the accused, but also evidence that may impeach the credibility of a government witness.  A Brady violation occurs where the failure to disclose evidence to the defense deprives the defendant of a fair trial.   Instead of presenting the factual evidence that corroborated Lt. Behenna’s self defense claim and thereby show the “revenge execution” premise of their case, Army Captain’s Meghan Poirier, Jason Elbert and Erwin Roberts violated their own ethics code by hiding this evidence from both the defense team and the jury in order to achieve conviction in a politically-motivated prosecution.

Here is part of the letter that Dr. MacDonnell wrote to Captain Poirier, one of the prosecutors:

Dear Captain Poirier:

On Thursday afternoon when I heard Lt. Michael Behenna testify as to the circumstances of how the shots were fired I could not believe how close it was to the scenario I had described to you on Wednesday. I am sure that had I testified that I would have wanted to give my reenactment so the jury could have had the option of considering how well the defendant’s story fit the physical facts. This, of course, would not have been helpful to the prosecution case.  However, I feel that it is quite important as possible exculpatory evidence so I hope that, in the interest of justice, you informed Mr. Zimmerman of my findings. It certainly appears like Brady material to me.

Respectfully,
Dr. Herbert MacDonnell

In the interest of justice. Military prosecutors not interested in justice, but only serving a politicized military.  Military prosecutors who failed to allow the jury to hear expert testimony from their own witness, and declined to provide the information to the defense team, which is required by law.

Furthermore, do not believe that this is one isolated case.  The three Navy Seals who captured Ahmed Hashim Abed, the ringleader behind the murdering and burning of four Americans, hanging them from a bridge for all the world to see, only to claim that the Navy Seals punched him in the face and now the Navy is working hard to send these heroes to prison . . . and there are other American heroes faced with the political dealings of a military-hating administration and justice system.

Lt. Michael Behenna has been another scape goat for the political system.  An American hero sits in prison for fighting for his life and the freedom of all Americans.  Expert testimony by a leader in forensic science was never disclosed, violating the Brady material.   Read more of what Dr. MacDonnell advised the prosecutors:

“On another issue I am somewhat concerned that I did not testify and have a chance to inform the court of the only logical explanation for this shooting.  As I demonstrated to you and to the two other prosecutors, Dr. Berg, Sgt. McCaulley, and Sgt. Rogers?,  from the evidence I feel that Ali Mansur had to have been shot in the chest when he was standing.  As he dropped straight down he was shot again at the very instant that his head passed in front of the muzzle.  Admittedly, this would be an amazing coincidence, however, it fits the facts and as I told you on Wednesday, it fits the facts and I can not think of a more logical explanation.”

“This scenario is consistent with the two shots being close together, consistent with their horizontal trajectory, consistent with the bloodstains on the floor, and consistent with the condition of the 9mm flattened out bullet which was tumbling after leaving Mansur’s head or body.   I do not know where this bullet was recovered but I would expect after impact to the concrete wall it fell very close to that wall.   The other bullet should have been close to the first and there should have been two impact points on the wall.”

Respectfully Submitted,

Dr. Herbert Leon MacDonell, Director
LABORATORY OF FORENSIC SCIENCE

Lt. Michael Behenna deserves a new trial.  I know thousands of our nation’s truckers are military veterans and I know millions of our nation’s truckers love America.  Michael’s parents, Scott and Vicki Behenna are asking for your help.  Help to defend Michael Behenna by allowing a new trial based on the Brady violation and voice your outcry that an American hero sits in prison for protecting his own life against a known Al-Qaeda operative while serving his country in Iraq.

Sign the petition to give Lt. Behenna a new trial and they ask that you contact your congressional delegation on behalf of Michael and to send a letter to John McHugh, the Secretary of the Army.  When sending this letter point out to Mr. McHugh that Michael served his country and deserves to have a sentence that acknowledges his service.   Also point out that a service member should have the ability to defend himself in a combat zone particularly against a known member of Al Qaeda.    Please send your letter to:

Secretary of the Army – John McHugh

1400 Defense Pentagon

Washington, D.C.  20301-1400

The legal expense for their son is overwhelming.   If you can assist in any way, you can mail a donation to:

1LT Michael Behenna Legal Defense Fund
c/o Jack Dawson, co-trustee
100 Park Avenue, Second Floor
Oklahoma City, Oklahoma 73102-8099

We are all able to live our life in freedom due to the bravery and sacrifices of people like Lt. Behenna.   They should not become pawns in a political military, sent to prison while the enemy of the United States receives more rights and justice than our own heroes.  Every American should be outraged at what has happened to this brave young man.    Millions of truckers can raise their voices and help bring justice to one of America’s soldiers.

Let Lt. Michael Behenna know that he is not forgotten and we are fighting for his release.   You can write Lt. Behenna at:

Michael Behenna  #87503

1300 N. Warehouse Road

Fort Leavenworth, KS  66027-2304

In a response to a letter he received, Lt. Behenna wrote:

“… I cannot even begin to describe the frustration and despair I feel on a daily basis.   Every day I am treated like a criminal in the country I love, the country I fought for… It feels good to know that I am not just washing away in this cell in complete silence…”

Help bring justice to an American hero.   Free Lt. Michael Behenna.

Thank you,
Allen Smith

© 2010, AskTheTrucker. All rights reserved.

: injustice, michael behenna, military, military politics, military veterans, new trial, Truckers

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