Michael Loses CAAF Appeal « DefendMichael.com

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D. Stroud

Michael, Happy Birthday and stay hopeful. You are an inspiration to so many people. Please know that you are changing people's lives each day as they learn of your story. We won't give up til yo

wendy

Lt. Behenna should be released from prison immediately! The imprisonment of this young man is absurd (to say the least). I will pray for him. Wendy

eva rosenbaum

Sometimes I feel nostalgic about the USA during ww 2. Our soldiers had a far lower chance of making it home.but what they did have was a government unashamed to use words like enemy and victory and wh

William Johnson

Sending you a birthday card in tonight's mail. Just wanted to let you know are thoughts and prayers are with you. With every good wish, William S. Johnson, 1LT USAF RET

LTC Cathleen Labate

What can I do to help?

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.

Attached is an article by Diane West which sums up our thoughts regarding the decision by CAAF. http://www.dianawest.net/Home/tabid/36/EntryId/2170/Devastating-Michael-Behennas-Conviction-Upheld.aspx

Thank you for your continued support for a hero we remain proud to call our son!!!

Tags: 1LT Michael Behenna, Allan West, CAAF, DefendMichael.com, Erwin Roberts, Iraq War, Jack Zimmerman, Jason Elbert, L10FreedomRide.com, Leavenworth 10, Meghan Poirier, Michael Behenna, Military Law, Operation Iraqi Freedom, SOFA, Uniform Code of Military Justice, US Army, War Crimes

This entry was posted on Saturday, July 7th, 2012 at 9:26 pm and is filed under Newsletter. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

Michael ‘Celebrates’ His 30th Birthday in Prison May 18th

Just a quick update to let you know that the Government filed their Response to Michael’s Petition before the Supreme Court. Michael’s lawyers now have ten days to file a Reply to the Government’s Response. The Supreme Court will then set Michael’s case for Conference (hopefully by June) and decide whether to grant Certiorari which means a review by the whole Supreme Court. For the Supreme Court justices to grant Certiorari from the Court of Appeals for the Armed Forces would be the first time a military petition has reached this stage – so prayers for discernment for these nine Justices are certainly welcomed.

An encouraging tidbit was that Michael’s case was selected by the Supreme Court Blog as the petition of the day for May 1st – http://www.scotusblog.com/2013/05/petition-of-the-day-446/

We ask that you spread this email and please continue to tell Michael’s story. Have your friends and neighbors sign Michael’s petition at http://www.petitiononline.com/MBehenna/petition.html . If they want to further assist, please have them contact their Congressional Representatives and Senators and let them know that Michael has served enough time in prison and deserves the same freedom you and I all enjoy. To locate your state’s Representative’s / Senators click on the following link: http://www.usa.gov/Contact/Elected.shtml

Lastly, Michael will ‘celebrate’ his 30th birthday on May 18th behind the prison walls of Fort Leavenworth. We’d like Michael to receive no less than 500 birthday cards and well wishes to let him know that despite this being his fifth birthday in prison he is anything but forgotten. You can mail your cards to:

Michael Behenna 87503

1300 Warehouse Road

Ft. Leavenworth, KS 66027-2304

Tags: 1LT Michael Behenna, Allan West, CAAF, DefendMichael.com, Erwin Roberts, Iraq War, Jack Zimmerman, Jason Elbert, L10FreedomRide.com, Leavenworth 10, Meghan Poirier, Michael Behenna, Military Law, Operation Iraqi Freedom, Professor Jeff Fisher, Professor Joseph Thai, SOFA, Supreme Court, Theodore Dixon, Uniform Code of Military Justice, US Army, War Crimes

This entry was posted on Friday, May 10th, 2013 at 8:49 pm and is filed under Newsletter. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

Never Surrender!

The government has received another extension of time to answer Michael’s Supreme Court petition and now their response is not due until the end of April. We have seen glimmers of hope in our most recent efforts… such as the Supreme Court requesting the Government to answer Michael’s petition, a rare occasion with a military case; or the 37 Generals and Flag Officers signing an Amicus Brief which lent a great deal of credibility to Michael’s argument that a Soldier should not lose his right to defend himself in a war zone.

Literally thousands of you have stood by Michael and our family these past four years as we fought our way through the military justice system. It has been a slow, painful, and frustrating process, but you have continued to provide us with strength and hope through your prayers, letters and emails. As we near the point where the Supreme Court will make their epic decision as to whether they will hear Michael’s case, your prayers and encouragement for Michael are needed more than ever!!!

The legal battle has been costly in lost time, treasure, and disappointment, but your support has been endless. Thank you so much for continuing to help fund Michael’s legal battle. The lawyers have done an excellent job in making their argument to the Supreme Court about why Michael’s case is so meaningful, but there are still other potential briefs to be written before the Supreme Court could find the necessity to overturn Michael’s conviction.

To read the incredible Amicus Brief signed by those 37 Generals and Flag Officers, including a former chief of Naval Operations, a recent commander of NATO forces in Afghanistan, a former NATO Supreme Allied Commander, and five retired four-star generals, click on the following link: www.caaflog.com/wp-content/uploads/Behenna-Brief-of-Retired-Flag-and-General-Officers-et-al-2.pdf

In the coming days and weeks we will keep you informed about the movement of the Supreme Court case and any new developments. In the meantime please continue to support Michael’s cause, sign his petition, and push your friends to Michael’s web site at www.defendmichael.com.

To close I wanted to share the last lines from one of Michael’s favorite poems – Tennyson’s Ulysses.

Tho’ much is taken, much abides; and though we are not now that strength which in old days moved heaven and earth; that which we are, we are; one equal temper of heroic hearts, made weak by time and fate, but strong in will to strive, to seek, to find, and never to surrender.

With your help we will continue to strive, to seek, to find….and with absolute determination, to never surrender in our quest to gain Michael’s freedom.

Tags: 1LT Michael Behenna, Allan West, CAAF, DefendMichael.com, Erwin Roberts, Iraq War, Jack Zimmerman, Jason Elbert, L10FreedomRide.com, Leavenworth 10, Meghan Poirier, Michael Behenna, Military Law, Operation Iraqi Freedom, Professor Jeff Fisher, Professor Joseph Thai, SOFA, Supreme Court, Theodore Dixon, Uniform Code of Military Justice, US Army, War Crimes

This entry was posted on Wednesday, March 27th, 2013 at 1:53 am and is filed under Newsletter. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

Clemency Denied Again For 1LT Michael Behenna!

With heavy hearts we must inform you that all our efforts to get clemency for Michael this year were for naught. The Army Clemency and Parole Board listened to our family’s plea concerning the facts and circumstance’s surrounding Michael’s case and decided four years in prison was not enough. The Clemency Board did not question us about Michael’s case, character, or whether he was a threat to society, so we are left to wait another year for an opportunity to petition for his freedom.

We truly thought this year would be different; that this year we would finally get our son back where he belongs. It is hard to convey the grief and despair we feel over this latest setback. It is only the love and support of all of you and our deep abiding faith in a Higher Power that sustains us through these dark days. I know all of you are equally disappointed and frustrated by the decision of the Parole Board. We still remain cautiously optimistic regarding Michael’s Supreme Court petition as we await the government’s response which the Supreme Court requested by February 27th.

Please pursue requests to your Congressmen and Senators to contact Oklahoma Congressman James Lankford to seek a path to a Presidential commutation. To find your Congressional Delegation click on the following link: http://www.usa.gov/Contact/Elected.shtml.

Finally, please offer a prayer up for Michael and our family as you watch this Ballad written in his honor: http://www.youtube.com/watch?v=IMbytddDjWI.

With you at our side we will continue this fight until our son is home.

Tags: 1LT Michael Behenna, Allan West, CAAF, DefendMichael.com, Erwin Roberts, Iraq War, Jack Zimmerman, Jason Elbert, L10FreedomRide.com, Leavenworth 10, Meghan Poirier, Michael Behenna, Military Law, Operation Iraqi Freedom, Professor Jeff Fisher, Professor Joseph Thai, SOFA, Supreme Court, Theodore Dixon, Uniform Code of Military Justice, US Army, War Crimes

This entry was posted on Friday, February 22nd, 2013 at 5:37 am and is filed under Newsletter. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

He Ain’t Heavy – He’s My Brother!

Last week we traveled to Washington DC to present Michael’s case before the Army Clemency and Parole Board. Michael’s younger brother Brett, two years out of law school and a county prosecutor in Oklahoma, made the main presentation to the Board.

Brett opened his presentation with a video of the latest recipient of the Congressional Medal of Honor Dakota Meyer receiving his medal. He pointed out that Dakota disobeyed four direct orders to stay at his post while his platoon was in a firefight in a nearby Afghan village. But as Dakota Meyer would later explain, one has to be guided by principle and that more important than following orders is your brotherhood. Brett told the Board that both Dakota and Michael violated orders, but both men did so to protect their fellow soldiers. No one knows the outcome of a decision they make, but when Soldiers/Marines are guided by the principle of protecting their troops, the outcome of a decision should not determine if one will be praised as a hero and the other branded a criminal.

Brett told the Board that the four years Michael had already spent in prison was enough given the facts of the case: 1) Ali Mansur was a member of an Al Qaida cell, known to be involved in planting roadside IED’s, 2) that Michael did not kill Mansur out of anger or hatred, but because Mansur lunged for his gun, and 3) that the reason Michael was interrogating Mansur in the first place was he wanted to prevent another IED attack on his men by questioning the very person he believed was responsible for an IED attack that killed two of his soldiers. Brett then walked the Board through the tenants of corrections (Incapacitation, Rehabilitation, Deterrence, and Retribution or Punishment) and stated that Michael had satisfied each of these tenants and that neither society, the Army nor Michael would benefit from further incarceration. He asked the Board to commute the rest of Michael’s sentence to time served.

The Parole Board, which was comprised of Colonel’s and civilians, was very complimentary of Brett’s presentation. One Board member even commented that ‘he had done his brother proud.’ He most certainly made his parents proud! Amazingly the Board also told Brett to thank Michael for his service to his country and how he had conducted himself over these last four difficult years in prison. That thank you was a first in four years of fighting for Michael’s freedom in the military justice system.

Here is a link to a video interview Brett did after leaving the hearing. It is worth watching and only takes a minute to load:

http://newsok.com/multimedia/video/2149647165001

Also, here is a copy of a letter from the entire Oklahoma Congressional Delegation in support of Michael:

http://s3.amazonaws.com/content.newsok.com/documents/behennaf7.pdf

And finally, here is a copy of a news article about the Clemency Hearing:

http://newsok.com/mercy-justice-overdue-in-michael-behenna-case/article/3752205/?page=1

We should get an answer from the Parole Board in the next two weeks so please keep Michael in your thoughts and prayers. As always, thank you for all your support of a young man we are proud to call our son.

Tags: 1LT Michael Behenna, Allan West, CAAF, DefendMichael.com, Erwin Roberts, Iraq War, Jack Zimmerman, Jason Elbert, L10FreedomRide.com, Leavenworth 10, Meghan Poirier, Michael Behenna, Military Law, Operation Iraqi Freedom, Professor Jeff Fisher, Professor Joseph Thai, SOFA, Supreme Court, Theodore Dixon, Uniform Code of Military Justice, US Army, War Crimes

This entry was posted on Wednesday, February 13th, 2013 at 12:05 pm and is filed under Newsletter. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

Rare request from Supreme Court!

On January 2, 2013 we filed a petition to the US Supreme Court on Michael’s behalf. The Government almost immediately waived their response to this petition. However on January 28th, the Supreme Court, in a rare move for military cases, requested a response from the Government. This is a hopeful sign since the likelihood of the Supreme Court hearing a case where both sides have not responded is very low. Although this request does not guarantee the Supreme Court will hear Michael’s case, it shows that the Court is taking our petition very seriously as a landmark use of force issue for the protection of all our armed fighting forces, as well as US civilian law enforcement.

On January 22, 2013, Vicki and I testified in Washington, DC before the Department of Defense sub-committee charged with the responsibility to report on the use of military justice in a combat zone. Secretary of Defense Leon Panetta set up the committee to determine if the UCMJ (Uniform Code of Military Justice) was being correctly applied in war zone situations. Prior to our testimony we listened to five and a half hours of testimony from four Generals and one Admiral from the various service branches. These high ranking officers basically said that the UCMJ, from the initial investigations to the trial itself, was a viable tool of justice and that few problems with its application had been encountered. One Army General even stated that the Soldiers/Marines who were convicted were anomalies and any problems resulting from those trials had been corrected. In the half hour that we were given to speak we walked the committee through all the reasons why the Soldiers/Marines who are still incarcerated for war crimes did not receive anywhere close to a fair trial under the UCMJ. It is our sincere hope that the sub-committee will look into not only the investigative flaws and prosecutorial misconduct; but also the long sentences given to these Soldiers/Marines, which are far more severe than in any previous wars or even earlier incidents in Iraq or Afghanistan.

Finally, on February 7th we will be arguing before the Army Clemency and Parole Board in Washington D.C. to seek a reduction in Michael’s sentence. Please lift up this Board in your prayers so they will see that 1) Michael is not a threat to society, 2) he has been severely punished, and 3) further incarceration will not serve any benefit to the Army, the community or Michael.

We want to thank all of you who have been spreading Michael’s story through Facebook and other social media. The support and activity has grown to heights we never imagined possible, driven by word of mouth and opportunities to speak about Michael’s case on tv and radio programs. Vicki and I were recently on former Congressman LTC (Ret) Allen West’s new Internet TV show. You can view the interview at: http://www.nextgeneration.tv/?cmd=mpg&load=7965&mpid=517 (P.S. You must register with PJTV – but it is free.) Other articles you might find of interest are below:

NewsOK article: http://newsok.com/edmond-parents-of-army-1st-lt.-michael-behenna-fault-military-justice-system/article/3748192

Edmond Sun article: http://www.edmondsun.com/local/x1633462716/Behenna-Military-injustice-contributed-to-sons-fate

God bless each of you for all your support and please keep signing the petition, contacting your Congressional Delegations, and notifying your friends and family of this injustice. Also, please send Michael a card or letter letting him know that you are still supporting him after four years of imprisonment. Michael’s prison address is as follows:

Michael Behenna #87503

1300 N. Warehouse Road

Fort Leavenworth, KS 66027-2304

Tags: 1LT Michael Behenna, Allan West, CAAF, DefendMichael.com, Erwin Roberts, Iraq War, Jack Zimmerman, Jason Elbert, L10FreedomRide.com, Leavenworth 10, Meghan Poirier, Michael Behenna, Military Law, Operation Iraqi Freedom, Professor Jeff Fisher, Professor Joseph Thai, SOFA, Supreme Court, Theodore Dixon, Uniform Code of Military Justice, US Army, War Crimes

This entry was posted on Wednesday, February 6th, 2013 at 1:45 am and is filed under Newsletter. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

Petition Filed with the Supreme Court on Behalf of Michael

Holocaust survivor Victor Frankl’s great insight from his profound experiences in a Nazi concentration camp was that true freedom lies in choice. As Frankl wrote in his book Man’s Search for Meaning: “We who lived in concentration camps can remember the men who walked through the huts comforting others, giving away their last piece of bread. They may have been few in number, but they offer sufficient proof that everything can be taken from a man but one thing: the last of the human freedoms – to choose one’s attitude in any given set of circumstances, to choose one’s own way.”

And therein sums up the essence of Michael’s response to being in prison. He has chosen not to be defined by the bars that keep him from experiencing life as the rest of us know it. Rather he has chosen to have an attitude of gratefulness for his life and those that are in it (both inside and outside of prison), an attitude of relentless seeking of knowledge and understanding, and an attitude of being present to each and every day that God has given him. He is at peace with himself and there is a freedom in that which no judge or jury can take from him.

This week we filed Michael’s petition to the United States Supreme Court. This is the last legal venue available to Michael and will be the first time Michael’s case will be heard outside the military justice system. We hope and pray the civilian judges on the Supreme Court will have a far different view of a Soldier’s right to defend oneself in a war zone when attacked by a member of al-Qa’ida. A team of four attorneys worked tirelessly, even sacrificing holiday time with their families, to put forth a petition that provides Michael his best opportunity to obtain Supreme Court review. We cannot thank them enough for the work they did on behalf of our son. To read the Supreme Court petition click on the following link: http://www.caaflog.com/wp-content/uploads/Behenna-Cert-Petition-FINAL.pdf

Our fourth trip to the Army Clemency Board will occur on February 7^th. We will again present evidence that Michael is not a threat to society; that he has been a positive influence even in a prison environment; that he has been severely punished for his actions (far beyond what others convicted of a similar crime have received); and that he can easily assimilate back into society if given a chance. The Secretary of the Army can consider these four factors to greatly reduce Michael’s sentence or to release him with time served.

We remain eternally grateful for all the letters, cards and gifts you’ve sent to Michael, contributions made to his legal fund, and your letters and phone calls to your Congressmen and Senators over the past four years. Your words of support and encouragement have sustained Michael and our entire family through this difficult and painful struggle to regain our son’s freedom. We graciously ask for your help to keep up the political pressure and other assistance to make Michael’s release a reality. Here is an easy way to determine your Congressional Representatives and their addresses: http://www.usa.gov/Contact/Elected.shtml

Also, the petition is back in working order – please forward to your friends to help us get over the 30,000 mark. http://www.petitiononline.com/petitions/MBehenna/signatures

Thank you for your support of our son. May this year be the year that Michael returns home to his family!

Tags: 1LT Michael Behenna, Allan West, CAAF, DefendMichael.com, Erwin Roberts, Iraq War, Jack Zimmerman, Jason Elbert, L10FreedomRide.com, Leavenworth 10, Meghan Poirier, Michael Behenna, Military Law, Operation Iraqi Freedom, Professor Jeff Fisher, Professor Joseph Thai, SOFA, Supreme Court, Theodore Dixon, Uniform Code of Military Justice, US Army, War Crimes

This entry was posted on Tuesday, January 8th, 2013 at 11:50 am and is filed under Newsletter. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

Where We Go From Here…

As you know from our last email Michael lost his appeal with the Court of Appeals for the Armed Forces (CAAF) by a single vote (3-2). The court agreed that favorable testimony had been withheld by the prosecutors and that the trial judge’s instructions were in fact erroneous; but the majority ruled that none of that mattered because Michael had lost his right to self-defense the moment he pointed a gun at Ali Mansur. It is important to note that the government’s argument in the appeal was not that Michael had murdered Mansur (they have all but conceded that was not the case), but rather than he had no right to defend himself in a war zone once he pointed a gun at Mansur (regardless of how many American soldiers Mansur had killed as the leader of an al-Qaida cell.)

We have one more chance in the court system and that is to take Michael’s case to the United States Supreme Court. We know that the odds are long, but after consulting with lawyer’s who have tried cases in this venue we have taken their advice to pursue a petition to have Michael’s case heard before the highest court in the land. You can help support this effort by making a donation to Michael’s legal fund at http://www.defendmichael.com. As always, we appreciate all of your efforts to assist Michael in his pursuit of justice.

We are also moving forward to seek a Presidential Pardon or at least a commutation of Michael’s prison sentence to time served. Michael’s case should not be a political football and we feel strongly that liberals and conservatives should support a Soldier who is incarcerated for defending himself in a war zone. We ask each of you write to both President Obama and Presidential candidate Mitt Romney at the addresses below and request that they look into Michael’s case and consider giving him the homecoming he never received. Also consider sending letters to your Senators and Congressman at the same time. Some topics that could be included in your letters include:
- Michael’s exemplary military service;
- The fact that all five Justices on the Court of Appeals for the Armed Forces (CAAF) determined the jury panel wholly rejected the prosecutors theory that Michael executed Mansur;
- Although the prosecutors claimed at trial that Michael’s testimony about what happened in the culvert was impossible, the appellate courts have opined Michael defended himself just as he testified, but that Michael legally lost his right to defend himself because of an unauthorized field interrogation;
- The American Soldier is sent to the battlefield to defend this country. Should our Soldiers ever lose their fight to defend themselves when attacked by an al-Qaida operative?
- Michael is not a threat to anyone and has paid a significant price by serving 3 ½ years of his life in Ft. Leavenworth prison.

President Barack Obama Mitt Romney (email is faster and preferable)

The White House http://mittromney.com/forms/suggestions

1600 Pennsylvania Avenue NW

Washington, DC 20500

Michael has awoken in the same prison cell for over three and a half years. Yet he awakens each day with a grateful heart and a smile on his face. Despite all of the setbacks in his fight for freedom his spirit is unbroken. Michael knows firsthand that freedom is not free as he witnessed two of his own soldiers die on the battlefield. For those of us who have never had their freedom taken away it is too easily taken for granted. From behind prison walls Michael knows the value of freedom and it remains his most cherished hope that someday soon he will have his freedom back.

Tags: 1LT Michael Behenna, Allan West, CAAF, DefendMichael.com, Erwin Roberts, Iraq War, Jack Zimmerman, Jason Elbert, L10FreedomRide.com, Leavenworth 10, Meghan Poirier, Michael Behenna, Military Law, Operation Iraqi Freedom, SOFA, Theodore Dixon, Uniform Code of Military Justice, US Army, War Crimes

This entry was posted on Wednesday, October 24th, 2012 at 10:01 pm and is filed under Newsletter. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

Michael Loses CAAF Appeal

Attached is an article by Diane West which sums up our thoughts regarding the decision by CAAF. http://www.dianawest.net/Home/tabid/36/EntryId/2170/Devastating-Michael-Behennas-Conviction-Upheld.aspx

Thank you for your continued support for a hero we remain proud to call our son!!!

Michael ‘Celebrates’ Another Birthday In Prison

Many of you have been asking about the hearing before the Court of Appeals for the Armed Forces (CAAF) that was held on April 23, 2012. While it is difficult to get a read on how the judges will ultimately rule, overall we felt good about it. The questions that the judges asked made it clear that they had thoroughly reviewed Michael’s case. In the first few minutes of Michael’s attorney’s narrative one Judge started a barrage of comments and questions that appeared to be against Michael’s position. But later the same Judge jumped all over the government counsel on the confusing jury instruction given by the trial judge concerning self-defense, at one point declaring “I’ve read the instructions about four times and it is very confusing …..and I’m a Judge of this court”; to which the government counsel admitted “Your honor, it is confusing.” Another judge backed the government counsel into a corner more than once and got him to c oncede that there was no evidence submitted at trial that Michael had ‘illegally’ assaulted Mansur in the culvert by pointing a weapon at him. We thought that was very positive. The Court has no timeline for returning a decision, but given that this court set the hearing so quickly we believe they will not take too long to render their decision.

May 18th will mark the fourth birthday Michael will spend behind bars in Ft. Leavenworth military prison. On that day Michael will turn 29 years old. While he will not have cake for this birthday he will have his family with him as well as his unwavering belief that justice has not abandoned him and that she will soon come to set him free. Despite all he has been through he remains hopeful that the civilian justices who preside on CAAF will come to a far different conclusion than the previous Army courts.

Michael’s hope is further encouraged by the many cards, letters and prayers that you have delivered to him these past several years of his imprisonment. There are days when Michael receives more mail than his entire pod (about 70 prisoners). Michael is not one to seek attention, but those cards and letters provide a significant inspiration and boost to his mental and spiritual being. Please remember him on his 29th birthday with a card, letter, or prayer as we need him to stay strong while we wait for the court’s decision. Remember that your letters to him do not need to be lengthy. Just let your heart tell you what to write to a warrior whose only mistake was that he cared too much for his men.

Letters and cards can be sent to Michael at:

Michael Behenna 87503

1300 N. Warehouse Road

Ft. Leavenworth, KS 66027-2304

Also, if you have not seen the YouTube version of the Ballad of Michael Behenna…. including pictures and video – check this out: http://www.youtube.com/watch?v=IMbytddDjWI

Thank you for your continued support for a hero we remain proud to call our son!!!

This entry was posted on Monday, May 7th, 2012 at 7:01 am and is filed under Newsletter. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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