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With its dark wood benches, plush blue carpeting and rich ornamental details, the second-floor courtroom of the U.S. District Court in Paducah, Ky., is half a world away from Iraq's hardscrabble Triangle of Death. But in a trial that opened here on Monday, Steven Green, a former private first class from the 101st Airborne Division, stands accused of crimes committed there, one the worst atrocities believed to have been carried out by U.S. forces during...

Author: /time Magazine | Title: Civilian Trial Begins for Ex–Iraq Soldier | 4/29/2009 | See Source »

Three soldiers from that murderous expedition have already been tried by court-martial for their roles in the crimes. All were found guilty and all were sentenced to jail terms of 90 years or longer. But because Green, whom the three other soldiers have described as both the plot's mastermind and trigger man, was discharged before the full extent of the crimes was discovered, he is being tried in a civilian court, where federal prosecutors are seeking the death penalty. He faces 17 counts of conspiracy, rape, murder, unlawful use of a weapon and obstruction of justice. (See TIME...

Author: /time Magazine | Title: Civilian Trial Begins for Ex–Iraq Soldier | 4/29/2009 | See Source »

...that the frequently dehumanizing extremes of life in a war zone can be mitigating factors for even the most heinous of crimes will be one of the defense team's greatest challenges. Green is the first former soldier to face trial - and the possible death penalty - in a civilian court for conduct during war. And, during the first day of trial, Green's lawyers clearly felt forced to assume a pedagogical role that would not be necessary with a military jury. They described not just the psychological toll that constant battle can take but even the most rudimentary military basics...

Author: /time Magazine | Title: Civilian Trial Begins for Ex–Iraq Soldier | 4/29/2009 | See Source »

...crimes committed abroad. Green's lawyers (as well as several military-law experts) have maintained that MEJA was never intended to cover cases like his, but, in August, U.S. District Judge Thomas Russell upheld its constitutionality. Green has offered to re-enlist in the Army and face a court-martial, but that request has also been denied...

Author: /time Magazine | Title: Civilian Trial Begins for Ex–Iraq Soldier | 4/29/2009 | See Source »

...much harsher potential penalty than his already convicted co-conspirators, for whom the Army did not seek death and who will be eligible for parole in 10 years. The day before the trial began, federal prosecutors asked the judge to have this line of argument barred from the court, saying it risked biasing the jury because, they wrote in their motion, of "our sense of indebtedness to the service and sacrifice of our fighting men and women." Green's trial is expected to last three to six weeks, and if a death penalty is handed down, an already notorious...

Author: /time Magazine | Title: Civilian Trial Begins for Ex–Iraq Soldier | 4/29/2009 | See Source »

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