Judge Upholds Iraq Rape Case ChargesAugust 27, 2008
Associated Press
LOUISVILLE, Ky. - A federal judge in Kentucky has upheld civilian charges against a former 101st Airborne Division Soldier accused in the sexual assault of an Iraqi teenager and the slayings of her and her family.
Steven Dale Green's attorneys challenged a law that allowed him to be indicted on civilian charges for alleged crimes that happened in a war zone while he was serving in the Army. He was discharged before the military could bring its own charges.
But U.S. District Judge Thomas Russell, in a series of ruling released Tuesday, upheld the constitutionality of the law and found that Green received due process as his case moved through the judicial system.
Green has pleaded not guilty and is scheduled to face trial in April 2009. The 22-year-old from Midland, Texas, faces a possible death sentence if convicted on 16 charges that include premeditated murder and aggravated sexual assault. His lawyers have said they plan to use an insanity defense at trial.
Green's public defender, Patrick Bouldon, said the civilian justice system shouldn't handle cases involving the unfamiliar and extreme setting of a war zone.
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