Tenn. soldier on trial for murdering Iraqi captives

FORT CAMPBELL, Ky. -- The question at the heart of Staff Sgt. Ray Girouard's murder trial is this: Who ordered the killing of three Iraqi captives?

Military prosecutors say it was Girouard, a 24-year-old squad leader who told his soldiers to cut the detainees free, kill them and then cover up the crime by faking an attack.

Girouard denies giving such an order and has pleaded not guilty to murder charges. His trial is expected to start Tuesday at Fort Campbell on the Kentucky-Tennessee line.

Girouard is the last and most senior soldier from the 101st Airborne Division to face trial for the killings May 9 during a raid on a suspected insurgent camp outside of Samarra, Iraq.

Two other soldiers charged with murder in the incident -- Spc. William B. Hunsaker and Pfc. Corey Clagett -- pleaded guilty, cooperated with prosecutors and got reduced prison terms.

During their trials, both men said Girouard ordered the killings.

"Staff Sgt. Girouard gave no such order," said Anita Gorecki, Girouard's defense attorney. "During their trials in which they pled guilty, [Hunsaker and Clagett] made statements which can only be labeled as fascinating."

Hunsaker also testified that Girouard cut him on the face and arm to make it appear there was a struggle after Hunsaker and Clagett killed the detainees.

Another soldier, Spc. Juston R. Graber, testified that he shot one of the dying detainees after they had been wounded, but didn't witness the initial shooting.

The soldiers had previously told investigators they were given rules of engagement by 3rd Brigade commander Col. Michael Steele to kill all military-age men. Steele has denied this, but invoked his right not to testify during a previous hearing in Iraq.

A judge ruled last week that Steele won't be forced to testify, but defense attorneys could cross examine the witnesses about their understanding of Steele's order.

Gene Fidell, president of the National Institute of Military Justice, said soldiers testifying they were just following orders or rules of engagement has become a common legal argument in military trials.

But it's not always an effective argument, said Fidell, who also practices military law in Washington.

"If an order is illegal or commonly understood to be illegal, then it's not a defense that you acted in compliance of that order," Fidell said. "The fact that such an order was given doesn't necessarily get anyone off the hook."

Girouard's family and friends in Sweetwater, Tenn., have rallied around their soldier, saying the allegations don't make sense for a highly trained Army Ranger who had just begun a promising military career.

"He tried to teach all of his men everything he knew about being a Ranger, just to prepare them for what they were going to go into," his grandfather, Ron Bentley, told The Associated Press in an interview last month.

Girouard and his squad expected a dangerous mission after being warned by intelligence officials that at least 20 al-Qaida operatives were hiding on the marshy island, according to sworn statements to investigators.

Pfc. Bradley Mason, who testified that Girouard threatened him to keep quiet about the killings, said Steele told the soldiers that the area was considered "hot" and they should be prepared for fire.

Girouard said the soldiers didn't find anyone until they moved to the northern half of the island, where they shot and killed a man they saw in a window and found three other men hiding behind two women.

After taking the men into custody, Hunsaker and Clagett told investigators the detainees attacked them with a knife, stabbing Hunsaker and hitting Clagett. Girouard said he didn't see the shooting, but told investigators he believed their initial story about the attack.

Girouard's grandfather said he holds no grudge against the other soldiers for taking plea deals and changing their story.

"I could understand the pressure that the military was putting on them," Bentley said. "They were facing life in prison. The government offers sweetheart deals."

Hunsaker and Clagett were sentenced to 18 years in military prison. Graber pleaded guilty to aggravated assault and was sentenced to nine months.

Girouard could face life in prison without the possibility of parole if convicted.

"I look forward to Raymond being set free, but the more I understand about the military, you're still kind of worried," Bentley said.