..... the 'Perfumed Princes of the Pentagon' are still trying to make battlefields a safer place for everybody but the American soldiers. From the SA Express-News:2nd S.A. GI is acquitted in death of Iraqi insurgent
By Scott HuddlestonExpress-News May 2, 2008
FORT HOOD — It took a seven-member military jury just one hour Thursday to find Sgt. Leonardo Treviño not guilty of premeditated murder in the death of an insurgent in Iraq.
Treviño, surrounded by family members who shed tears of joy, said he felt like he finally had returned from the war.
“It's like I'm just getting off the plane right now,” he said.
His acquittal came six days after another San Antonio soldier, Sgt. 1st Class Trey A. Corrales, was acquitted in Hawaii on similar charges in the death of a prisoner in Iraq. Treviño, 31, and Corrales, 35, both attended Burbank High School but have never met.
Yet their wives forged a bond out of the difficulties they faced as their husbands stood charged with war crimes. Veronica Treviño reached out to Lily Corrales, who advised her to hire a civilian attorney and raise funds for her husband's defense.
Treviño's mother, Maria Valadez, said everyone who had known her son when he grew up on the South Side felt he was innocent, and some were angered that he'd even been charged.
“Everyone in San Antonio who supported him had the same comment: Why put them (soldiers) out in battle, then question their actions?” she said.
Treviño was accused of shooting a badly wounded insurgent in the torso and telling a medic to suffocate him. Government lawyers also alleged that he shot the man in the head, then used a drop weapon, an Iraqi pistol, to back his claim of self-defense.
In closing arguments Thursday, Maj. Scott Linger, the government's lead counsel, portrayed Treviño as a tactically brilliant scout who tried to operate above the law.
“Because he got results, he could do whatever he wanted to do,” he said.
Linger attacked testimony Treviño had given, saying it made no sense for the sergeant, the on-scene commander, to consider the man a threat, since he'd been shot up and beaten and had a broken arm.
Treviño has said he shot at the man on impulse twice. The first round was fired during an initial moment of confusion, when he thought he heard someone say “watch it” and mention something about a gun. The second shot came when Treviño said he saw, out of the corner of his eye, the man flail his arm.
But Linger said there was “no justification or excuse” for either shot.
“We kill the enemy, but we do it within the rules. And soldiers are doing that every day,” he said.
Lead defense counsel Richard Stevens attacked the credibility of the government's key witnesses, saying they were motivated by revenge after Treviño disciplined them or had them removed from his section in the 1st Cavalry Division.
Treviño had lost four of his men in roadside bomb attacks a few weeks earlier, so most members of his Small Kill Team on the morning of June 26 were new and inexperienced, Stevens said, adding that Treviño was having to “baby-sit” his men in a village where danger for U.S. troops lurked everywhere.
While rules of engagement are guidelines to keep the troops safe, a soldier has to rely on his own instincts, and in hostile areas of Iraq, soldiers need to be in a “constant state of hyper-alertness” to stay alive, Stevens said.
To try a soldier for murder for making a split-second decision to defend himself and others may instill in all soldiers an impulse to hesitate that could cost them their lives, Stevens told jurors in his two-hour summation.
Treviño, who was held in confinement for more than four months before he was released Jan. 29, said he holds no ill will toward the lawyers who tried to convict him or the men who testified against him. But he said the soldiers who accused him of wrongdoing will have to “deal with those demons eventually.”
He said he planned to focus on his children, his family and their future together.
The Army trains them to a keen fine edge, assigns them to squads identified as "Small Kill Teams" and courts martials them if they shoot the enemy, who had been shooting at them. This ain't our Daddie's Army foks!
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