Tuesday, February 5, 2013

MICHAEL BEHENNA UPDATE = SCOTUS INVOLVED


To the thousands of Michael Behenna supporters,
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:
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

Respectfully,
Scott & Vicki Behenna
Proud parents of 1LT Michael Behenna

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