Ex-soldier appealing sentences in Iraq deaths By BRETT BARROUQUERE Associated Press © 2011 The Associated Press
Jan. 21, 2011, 12:33PM
CINCINNATI — A federal appeals panel on Friday questioned the limits of a law that allowed the government to charge and convict a former U.S. soldier in civilian court of crimes committed while on active duty in Iraq.
Judge Boyce Martin of the U.S. 6th Circuit Court of Appeals in Cincinnati asked attorneys in the case of former Pfc. Steven Dale Green if the Military Extraterritorial Jurisdiction Act was written unconstitutionally or if it is being applied counter to the law.
"That's just the issue before us," Martin said. "The difference is there are no other cases like this."
A civilian jury in Paducah, Ky., convicted Green, 25, of Midland, Texas, in 2009 of raping and killing a 14-year-old Iraqi girl and murdering three of her family members while on active duty with the Fort Campbell, Ky.-based 101st Airborne Division near Mahmoudiya, Iraq, in March 2006.
Green was discharged from the Army with a personality disorder in May 2006, before the full scope of the crime became known to the Army and charges were brought. Green is serving five life sentences in a federal prison in Tucson, Ariz., after jurors couldn't agree on whether to impose the death penalty.
Four other soldiers were convicted in military proceedings. One is free, the other three remain in custody, but have parole opportunities in the future.