U.S. army says dead soldiers not linked to Iraqi rape

By Alastair Macdonald

BAGHDAD (Reuters) – The U.S. military in Iraq said on
Monday that three soldiers killed by kidnappers in June do not
appear to have had any involvement in the rape and murder of a
14-year-old Iraqi girl and her family in the same area.

In an unusual move prompted by concern among the dead men’s
families over media reporting of the two events, the military
said: “The criminal investigation into the crimes committed
against the Iraqi family in Mahmudiya is still ongoing.

“Thus far, however, no evidence has been discovered
implicating Babineau, Tucker or Menchaca in any criminal
involvement with the Mahmudiya incident.”

Specialist David Babineau and Privates First Class Thomas
Tucker and Kristian Menchaca were killed in June near
Mahmudiya, near Baghdad. U.S. officers said a member of the
unit, during counseling, gave information that led to murder
and rape charges against five other men from the 502nd Infantry
Regiment.

Tucker and Menchaca were abducted after an attack on their
isolated outpost in which Babineau was killed.

The statement came as a military investigator was reported
to have recommended that four soldiers be tried on capital
murder and rape charges over the deaths in March of the parents
and two children. That case shocked Iraqis otherwise accustomed
to violence and angered the new, U.S.-backed Iraqi government.

Quoting defense lawyers, the New York Times said counsel
for the soldiers would challenge the investigator’s
recommendation.

“REPRISAL”

Al Qaeda’s umbrella group in Iraq issued a video in July,
after the military announced the murder probe, showing Tucker
and Menchaca’s bodies and saying they were killed to avenge the
family. The group had not mentioned the murders previously and
did not say the dead soldiers were directly involved.

U.S. military officials say they have investigated whether
there was any link between the dead Americans and the murders.

A military official said a relative of one of the soldiers
had asked that the military clear the names of the dead.

“Past articles could be read to imply that the three
deceased soldiers were somehow involved in the alleged crimes,”
the military said in its statement on Monday.

Abeer al-Janabi, 14, was found shot dead at home along with
her parents and 6-year-old sister. The prosecution says some of
the accused testified that they and other members of their
checkpoint unit killed the four and raped the teenager.

At a military hearing in Baghdad a month ago, a prosecutor
demanded a court martial for Sergeant Paul Cortez, Specialist
James Barker and Privates First Class Jesse Spielman and Bryan
Howard and dismissed a defense case that they were “driven
nuts” by the strain of combat in an area where insurgents are
active.

The commander responsible for their unit has yet to make a
decision on whether there is sufficient evidence for a trial.

A fifth soldier is charged with dereliction of duty.

Former private Steven Green, since discharged from the
unit, faces trial for rape and murder in a U.S. civilian court.