Michael Behenna Wins Parole

By Findalis of Monkey in the Middle

Good news for his family.

Former U.S. Army 1st Lt. Michael Behenna has won parole and will be released from Fort Leavenworth on March 14, his mother, Vicki Behenna, said Wednesday.

Behenna, who was convicted of unpremeditated murder in a combat zone, learned early Wednesday morning and called his parents in Oklahoma City.

“We go between tears and laughing,” Vicki Behenna, of Edmond, told The Oklahoman. “I’m just so thankful. I’m just so very very thankful. It’s wonderful.”

Behenna, 30, has served five years of a 15-year sentence. He was convicted in 2009 of killing an Iraqi man connected to al-Qaida while questioning him.

This was his first year of eligibility for parole.

His parents, Vicki and Scott, and brother Brett appeared last month before the U.S. Army Clemency and Parole Board outside Washington and presented the members with a 400-page report that included a letter from Michael, letters of support from Gov. Mary Fallin and members of the congressional delegation and law enforcement officials.

The family told the board that Michael would work on a western Oklahoma cattle ranch and take classes at Oklahoma State University in ranch operations.

“They came and got him about 7:30 this morning and gave him a letter to read,” Vicki Behenna said. “The letter said his request for clemency (a reduction in sentence) had been denied but that his request for parole had been granted.”

She said, “I think he’s in shock. I started crying immediately when he told me. Of course over the phone I can’t see his expression. He would kind of go, ‘Yeah, it’s good, mom. It’s good.”

She said he immediately expressed concern about two fellow inmates.

Behenna was officially dismissed from the Army last month. The secretary of the Army signed his dismissal, which had been pending during Behenna’s appeals through military courts and the U.S. Supreme Court.

Lt. Col. Alayne Conway, spokeswoman for the U.S. Army, said, “The recommendation of the Army Clemency and Parole Board was based on a thorough review of Mr. Behenna’s case. While Mr. Behenna was denied clemency, members voted unanimously in favor of parole based on a number of factors, including a strong parole plan with family and community support.

“Mr. Behenna will have served five years confinement, and will continue to be under parole supervision for ten years.”

Gov. Mary Fallin, who has been monitoring the case closely since she was in Congress, said, “I am glad this long ordeal has finally come to an end for Michael Behenna and his family. Michael went to Iraq to serve his nation and to defend liberty both here and abroad. Instead, he found himself mourning the loss of his friends from the inside of a cell.

“I believe the Army acted appropriately and compassionately in offering him parole.”

Rep. James Lankford, R-Oklahoma City, whose district includes Edmond, has sent staff members to every hearing in the Washington area and has written officials about the case. Sen. Jim Inhofe, R-Tulsa, has also dispatched staff to official hearings and led congressional delegation letters to the Army.

Lankford said Wednesday that when one of his staff members got the call from the Pentagon and relayed the information, “everyone in our office spontaneously burst into tears. It’s a really good day for the Behenna family … I’m looking forward to meeting Michael sometime soon.”

SOURCE

An innocent man has to admit guilt to be set free. Michael Behenna did nothing that my father and thousands of US troops in combat zones have done through out the ages.

Now to work to clear his name.

The Family of 1st Lt. Michael Behenna: " We never give up. "

The family of 1st Lt. Michael Behenna, as they have since the first charges were brought against their son, is standing behind their son and as Michael's mother, Vicki, puts it...."We never give up."

Vicki Behenna joined me Saturday night at The Awakening on Blog Talk Radio and talked about the latest denial of Michael Behenna's appeal of his conviction.

I can say this - if you ever wanted the portrait of a family that stands up for their own, look no further than the Behenna family of Oklahoma.  Look no further.

The story comes from News 9.

Family Stands Behind Edmond Soldier Convicted Of Murder


OKLAHOMA CITY -

The family of Edmond Soldier, Army Lt. Michael Behenna says they're not giving up the fight for his freedom.

The military's highest court upheld Behenna's murder conviction for killing an Iraqi prison detainee.

Justices agreed with Behenna's attorneys that prosecutors should have turned over evidence that Behenna acted in self-defense and instructions given to jurors were erroneous. But in a split decision, 3 to 2, a majority of justices said those errors did not affect the final outcome of the trial.

"It was not the decision we were looking for," said Behenna's mother, Vicki.

Family members had hoped they would be having a press conference to welcome Behenna home. Instead, the military's highest court upheld his 2009 un-premeditated murder in a combat zone conviction.

Behenna is serving a 15-year prison sentence in Ft. Leavenworth, Kansas.

7/5/2012 Related Story: Conviction Upheld Against Edmond Soldier Accused Of Murder

"He's disappointed, but his firm stance will help us fight though and continue to lift him up," said Behenna's father, Scott.

Prosecutors say Behenna took an Iraqi detainee to a culvert to question him about a roadside bombing that killed two men under Behenna's command. Then Behenna shot the man execution style.

Behenna maintains he acted in self-defense.

The high court ruled even if that was true, Behenna had no right to self-defense since he was unauthorized when he brought the prisoner to the culvert.

"This case began initially because the government thought Monsour was executed while he was sitting on a rock. I don't believe anybody thinks [that is] the truth. The issue now is that the man was coming toward Michael and whether Michael had the right to defend himself," said Vicki Behenna.

It is an issue the Behenna's say they will ask the court of appeals to reconsider as they were only one vote away from having Michael back home.

"It's easy as a mother and father. You never give up until the last decision is in. We never give up," said Vicki Behenna.

Michael Behenna's attorneys are also seeing if they can file a petition with U.S. Supreme Court. And family members are sending out ‘thanks' to everyone in the community who has supported them thus far.

Devastating News: Lt. Michael Behenna's Final Appeal Is Denied, Will Remain In Leavenworth Until 2024

I am absolutely heart broken here.  I really thought that the civilian appeals court would overturn the sentence of 1st Lt. Michael Behenna but in a 3-2 decision the sentence has been upheld.  Michael Behenna is out of chances.  He will sit in that prison cell until 2024 - twelve more years in isolation for the self-defense killing of an al Qaeda terrorist.

My heart goes out to Michael Behenna and to his family who have devoted their lives to freeing their son.  I have excerpted below the announcement by Michael Behenna's family on the DefendMichael site and also have included the article on this from Diane West.

That's all I got for now folks.  I can't see through the tears.

Michael Loses CAAF Appeal


On July 5th, 2012, we learned that the majority on the Court of Appeals for the Armed Forces (CAAF), in a 3-2 split, upheld the unpremeditated murder conviction of our son 1LT Michael Behenna. Needless to say, we are very disappointed in the decision of the CAAF.

The CAAF had accepted two issues in Michael’s case (1) the improper self-defense instruction, and (2) Governments failure to disclose exculpatory evidence to the defense, ie. MacDonell’s expert opinion. We know from reading the 2 dissenting judges opinion that the arguments by Michael’s lawyers were very compelling. In fact, the entire court agreed that the self-defense instruction was erroneous. However, the majority court ruled Michael used deadly force by threatening the terrorist with a gun and had no right to self-defense in his given situation – a fact strongly disputed by the dissenting judges – so the majority ruled the self-defense instruction written by trial judge Steven Dixon, even though incorrect, did not prejudice Michael’s defense. The entire court agreed the expert opinion of Dr. MacDonell should have been turned over to the defense, but the majority dismissed the potential Brady violation as irrelevant to Michael’s defense, as MacDonell’s opinion only strengthened Michael’s version that he was attacked, but Michael had no right to defend himself.

The CAAF basically ruled that Michael made a mistake by taking the terrorist to a culvert for an unauthorized interrogation and in the process gave up any right to defend himself no matter what happened in the culvert (note that no police officer in America loses their right to defend themselves in similar situations.) If you recall, the military prosecutors originally prosecuted Michael for executing the terrorist in the culvert, and no evidence or even any mention of Michael losing his right to self-defense was presented to the jury (panel). Michael had no opportunity to present a defense to an allegation of loss of right of self-defense, because that was never the theory presented by the prosecutors. As stated in the dissenting opinion, “was it murder, or was it self-defense.”

Obviously we were one vote away from having Michael back home with us, and the dissenting CAAF judges widely diverged from the majority, which gives us hope that perhaps Michael’s legal battle is not over. Michael remains in prison today for a mistake he made in a combat zone while facing a terrorist who had killed at least two American soldiers and for whom the military had issued a kill/capture order. The court did not believe that Michael executed Mansur as originally charged and for which he was convicted. We will continue to pursue all legal avenues including the Supreme Court, and in search of relief for Michael, we will also contact officials who can understand the perspective of what Soldier’s encounter in a war zone and how dealing with terrorists cannot be equated to a drug deal gone bad in America.

Michael and our entire family want to thank all of those supporters who have taken their valuable time and effort to help Michael’s cause and we know that your continued support will lead to Michael’s ultimate release. We will begin a campaign to contact President Obama and presidential candidate Mitt Romney to take notice of Michael’s case and request they use their influence to pardon Michael or reduce his sentence. The people’s voice must be heard in a case where a Soldier faced his enemy in a war zone. Although Michael has told us he was disappointed in the ruling, he remains a man of integrity and character, and will not be broken by this latest setback. He said that when he walks through the doors of Ft. Leavenworth military prison to freedom he will be a much wiser man than when he first went in.


Devastating: Michael Behenna's Conviction Upheld

By a 3-2 majority, the highest military appeals court has upheld Army Ranger 1st Lt. Michael Behenna's conviction for the unpremediated murder of a detainee and al-Qaeda-operative in Iraq named Ali Mansur. While Michael still could receive clemency, his legal appeals are now officially exhausted. Barring clemency, Michael will remain at Leavenworth military prison until 2024.




What a blow. What a disgrace.


I just finished reading the majority opinion. It is a chilling document. It contains analysis of whether Michael had "the right to act in self-defense" when the detainee he was questioning about IED attacks that had recently killed two men in his platoon, suddenly lunged for Michael's gun, and Michael shot and killed him.


This was one of several issues before the court. As the "initial aggressor" for engaging in an unauthorized interrogation of a naked detainee, Michael, the court upheld, had lost his right to self-defense. Under consideration was whether at any point in the split seconds during which the detainee hurled a piece of concrete at Michael and rushed for his gun, and Michael fired in return at the detainee, Michael ever regained it. Three judges in the calm of their chambers in Washington, D.C., determined that he did not.


Or, as they wrote: "Even assuming for a moment that Mansur could have escalated the level of force, we conclude that a naked and unarmed individual in the desert does not escalate the level of force when he throws a piece of concrete at the initial aggressor in full battle attire, armed with a loaded pistol, and lunges for his pistol."


Oh yeah? Maybe it's simplistic of me, but I'd like to see them step into Michael's combat boots and see how it felt out there in the night, after a hard day's "catch-and-release," after military intelligence shockingly set Mansur free and ordered Michael to drive him home -- the very man Michael suspected of knowing all about the attacks that had recently killed two of his men. Michael thought he could get the necessary evidence in one more interrogation, just him and Mansur. But it didn't work out as Michael hoped.


The majority:


Ultimately, even if we assume that Mansur lunged for Appellant's pistol and Appellant feared that Mansur would use the pistol if he was able to seize it, because Appellant was the initial aggressor, and because there was no evidence to support a finding of escalation or withdrawal, a rational member [juror] could have come to no other conclusion than that Appellant lost the right to act in self-defense and did not regain it.


I'm afraid that this court's idea of a "rational member" also could have come to no other conclusion than that Michael, "initial aggressor," bereft of the "right" to self-defense, should have permitted Mansur to snatch his gun from him and then shoot him dead.


Maybe then the three judges would have sighed with a satisfied kind of regret over the poor lieutenant who had given his all for their, frankly, demonic reading of the law. Instead, for having defended himself, for not having sacrificed himself to a charging terrorist, Michael and his family pay the price of Michael's freedom.


America: Is that justice?

Video: Good Luck Today, Michael Behenna....We're 100% Behind You

From www.DefendMichael.com:

After three long years of waiting for Michael’s case to be heard by a court not under command influence the day we have been waiting for is about here. On April 23rd at 9am Michael’s case will be heard by the Court of Appeals for the Armed Forces (CAAF). This civilian court will hear oral arguments regarding Michael’s case at 450 “E” Street in Washington, DC. This hearing is open to the public and while no decision will be made that day all present will gain an understanding of why Michael’s case intrigues the news media, military legal scholars, and the patriots of this nation. Michael killed an Al-Qaida cell leader in self-defense in a war zone and then was sentenced to a lengthy sentence at Fort Leavenworth prison after the Army prosecutors withheld evidence and the judge ruled he had no right to self-defense. Hopefully the CAAF will dissect this horrible injustice and free Michael from his Leavenworth cell. As soon as we know h ow the CAAF rules on Michael’s case we will let you know.

FREE MICHAEL BEHENNA!

A Letter From Michael Behenna

This is enough to rip you apart. This is a letter from Michael Behenna, written from his cell in Leavenworth Prison.

Thanks go to the source of this: DTRTMinistries.com

A Letter From Michael Behenna


To all of my supporters,

I wanted to write this letter to the thousands of people all over the world who continue to support me and still have hope that justice is indeed attainable in the military justice system. It is an attempt to show my mindset here in prison to the people whom I have not had the opportunity to meet.

Recently the Army Court of Appeals ruled against my request for a new trial. As odd as it may sound, I have been preparing for this day for over a year. That is, I was prepared for an unfavorable decision whereby the court would uphold my conviction and sentence. Like Shakespeare said, ‘Expectation is the root of all heartache’ because expectation leaves one vulnerable to disappointment. Expectation is not the same as hope and I promise you I have not lost that. I was recently reminded of a quote from the movie Shawshank Redemption where the main character (another man who was unjustly sent to prison) says ‘Hope is a good thing; maybe the best of things.’ So while my hope was for a good outcome, my expectation was much more practical for a person sitting behind bars with a lot of time on his hands. And because I kept my expectations in check the decision by the Appeals Court did not emotionally harm me; for it to do that it would have had to come from within. No one can harm the man who refuses to harm himself.

So this court decision does not discourage at all. Furthermore, I am not bitter or angry, nor do I hate the people that had anything to do with putting me in prison. If I hated them they would still be controlling me and I refuse to give them that power. They may have confined my body and taken my physical freedom away, but my mind remains as free as any mans. I am never left with nothing so long as I retain the freedom to choose how I respond. While we cannot always control what happens to us, we can control our emotions and how we react to what happens to us.

I remain hopeful that in the end justice will prevail and that I may have a fair, impartial trial where all the evidence may be heard. As Judge H. Lee Sarokin said ‘If trials are indeed searches for the truth rather than efforts to conceal it, full and fair disclosure is necessary to protect and preserve the rights of the accused.’ May more people like you begin to shine a light on the unchecked and ‘under the table’ injustice that runs rampant in our military justice system; a system that we here at Leavenworth have known firsthand, and now the public is getting a glimpse of. This system cannot be “for justice and not against injustice.’

May the military courts learn something from the wisdom of King Solomon about being just and fair rather than abusing power. King Solomon had a dream in which God came to him and said “Ask me anything and I will give it to you.” King Solomon answered “I am but a little child. I know not how to go out or to come in, but I am a servant of thy people. Give me, therefore, an understanding heart that I may judge thy people wisely and fairly.” And God said “Because you did not ask for the lives of your enemies, did not ask for longevity, did not ask for riches, because you asked only for this one thing…understanding, I will give you understanding. There will be none wiser than you on this earth.”

So each day I strive to not focus on the bad, but to find the good. I immerse myself in books that take me a thousand miles from this place of concrete and steel. I push forward in my quest of self-discovery and self-observation seeking wisdom to call my own. From the small window in my prison cell I can see a cornfield where a farmer toils in the hot summer air and I find myself longing to walk that field and feel the earth beneath my feet and the sun against my face. My hopes are to someday have my own land upon which I will raise cattle and spend all my waking hours in that warm sun upon my horse whose name only I will know.

Gratitude is not something one would expect to find behind these walls, but it is here where I found it…waiting to teach me what really matters in this life. And while I sleep she gently reminds me how truly blessed my life is.

To my family I want to express my heartfelt gratitude for the strength, support, and unconditional love you have given me all the days of my life.

To my Uncle Rick who is facing his last days on this earth I want you to know how much I love you and admire the life you have lived.

To my girlfriend Shannon for standing beside me I offer up this quote: ‘….and though the road’s end is out of sight, I do not think of the end, for it’s the loving I so love’. I am so grateful for the love we have for each other and know that it far outweighs the frustration of not being able to have each other like we both want.

I want to thank each of you who continue to support me with your kind letters and your thoughts and prayers. It shows that there are people who still care about me and are willing to strike out against injustice. At the grave of Robert F Kennedy there is a quote which says: ‘It is from numberless diverse acts of courage and belief that human history is shaped. Each time a man stands up for an ideal or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring, those ripples build a current that can sweep down the mightiest walls of oppression and resistance.’ You are those ripples in my life that give me hope and for that I am eternally grateful.

Respectfully yours,

Michael

1st Lt. Michael Behenna Denied Clemency

You know, it's almost surreal that today, the one day of the year that brings so much joy and hope to all men on this Earth, that my heart could be breaking, but it is. I just returned home to clean out a full email cache and what I found was an email from a day or so ago from the parents of 1st Lt. Michael Behenna that Michael had received word on the 22nd of December that his clemency hearing, on December 9th, had been to no avail - that Michael would not have a single day taken off his sentence in Leavenworth prison. Three days before Christmas, the U.S. Army sends that out to a soldier who has given everything he has to serve this country.

My heart goes out to Michael today - I only hope he somehow knows how much I am thinking of him, praying for him. And I hope he knows how many of us out here will not, I repeat, WILL NOT give up until he is released from Leavenworth. My prayers today also go out to Michael's family and friends who must be agonizing through this day of Christmas.

I am convinced at this time that there is only one man left who can take up the torch of Michael's freedom and can get something done and that is newly elected Congressman Lt. Col Allen West. I am writing an email this day, in just a few minutes to Col. West to ask him that he takes up Michael's cause once he is sworn into the House of Representatives. If any Holger readers would like to join me, the current way to contact Lt. Col West is at this site link:


http://www.allenwestforcongress.com/contact


Please join me today in saying a prayer for Michael - let him know through Christ how much we care for him, how much we support him and that today, he is not alone.

Join The Jihadi Killer Hour Tonight - 2 Hours With Lt. Michael Behenna's Mother, Vicki - DON'T MISS IT!

From the Jihadi Killer Hour preview of tonight's show:

Title almost says it all. Get the story on Michael, his life, and his current, tragic and unjust imprisonment at the hands of the same system and mentality that brought you Ft. Hood. Keep in mind that Vicki Behenna successfully prosecuted Tim McVeigh for the Oklahoa city bombing, a bombing which killed one of Michael's mentors, when Michael was 11 years old. Call in to speak with her. Get the background, here: http://biggovernment.com/2009/12/12/army-officer-kills-al-qaeda-operative-imprisoned-after-prosecutors-ignore-own-expert-witness/

The show starts at 10 pm EDT, 9 pm CDT, 7 pm PDT

The link for tonight's show: Jihadi Killer Hour - 2 Hours With Lt. Michael Behenna's Mother

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