Hearing Continues in Iraq for Soldier Accused of Murder
American Forces Press Service
WASHINGTON, Oct. 22, 2004 – Three witnesses testified today during the second
day of a hearing convened to help determine whether a soldier in Iraq should be
tried for murder in connection with an Iraqi civilian's death.
The hearing is part of what the military calls an "Article 32 investigation,"
so named because that's the article of the Uniform Code of Military Justice
that requires it. An Article 32 hearing corresponds to a grand jury in civilian
courts; however, the accused in the military system is entitled to rights that
apply only to trials in the civilian courts. The Article 32 investigator will
make a recommendation to the soldier's court-martial convening authority as to
whether a trial is warranted.
At issue is whether Army Staff Sgt. Cardenas J. Alban of Company C, 1st
Battalion, 42nd Infantry Regiment, will be tried for one specification of
premeditated murder and one specification of conspiracy to commit murder. Alban
and another soldier from his company, Staff Sgt. Johnny M. Horne Jr., are
accused of conspiring and committing the murder of an Iraqi civilian in the
Thawra district. An Article 32 hearing for Horne is scheduled Oct. 26.
According to the lead prosecutor's Oct. 21 opening statement, on the night of
Aug. 17, soldiers from Company A, 1st Battalion, 41st Infantry Regiment,
encountered Iraqi men in a dump truck who were allegedly placing bombs along a
road, and engaged the men with small-arms fire. The battalion's Company C
arrived at the scene in Bradley fighting vehicles soon after the engagement,
the lead prosecutor said, finding a burning truck with casualties around it,
and then provided security and evaluated the casualties.
The first witness at the hearing, a Criminal Investigation Division special
agent, presented information he had gathered through interviews with witnesses.
According to the witness accounts, soldiers of C Company's 3rd Platoon tried to
rescue an Iraqi man from the burning truck. The man had severe abdominal
wounds, burns, and was thought by several of the witnesses to be beyond medical
help, the agent said.
Alban, his platoon leader and another staff sergeant in the platoon decided
"the best course of action was to put (the victim) out of his misery," the
agent said witnesses alleged, and witnesses reported they saw Alban fire
multiple rounds into the victim with a rifle.
At today's session, the investigating officer heard testimony from a CID
special agent and two soldiers who witnessed the alleged incident. At the next
session of Alban's hearing, scheduled for Oct. 25, the investigating officer
will hear from an Iraqi who witnessed the alleged incident, as well as another
CID agent.
A written statement from Multinational Force Iraq officials emphasized the
Article 32 hearing is part of an investigation and is not a trial. "All the
incidents are under investigation," the statement said. "All accused soldiers
have yet to be tried in this matter. The charges are merely accusations. Alban
and Horne are presumed innocent until and unless proven guilty."
If tried and convicted, Alban faces life in prison as a minimum, and could
receive the death penalty.
(Compiled from Multinational Force Iraq news releases.)
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