For alleged Afghan shooter, death penalty unlikely Mar 23rd 2012, 19:00 The soldier accused of killing civilians in Afghanistan will face 17 charges of murder for his alleged actions. NBC's John Yang reports. By John Yang, NBC News correspondent FORT LEAVENWORTH, Kan. – The charges against Staff Sgt. Robert Bales for the premeditated murder of 17 Afghan civilians include the possibility of a death sentence. But, analysts say, the chances of a death sentence actually being imposed are not high. “We don’t have a particularly bloodthirsty military justice program,” said Eugene Fidell, the co-founder of the National Institute of Military Justice who teaches at Yale Law School.
Staff Sgt. Robert Bales charged with 17 counts of murder in Afghanistan massacre There are currently six men on death row in the military’s only maximum security prison -- euphemistically called the “Disciplinary Barracks” -- here on Fort Leavenworth. But the last execution was carried out in 1961, when an Army ammunition handler was hanged there for raping an 11-year-old girl in Austria. It’s been so long, in fact, that the military prison no longer has the equipment needed to execute a prisoner. Instead, the sentence would be carried out at the federal prison in Terre Haute, Ind., where Oklahoma City bomber Timothy McVeigh was executed. The current method is lethal injection; the Leavenworth military prison had an electric chair when that was the method, but it was never used. None of those currently on death row were convicted of crimes on the battlefield against foreign civilians; all were convicted of murders of U.S. civilians or fellow military personnel. Death toll in Afghanistan massacre climbs to 17
The next step in the process is what’s called an Article 32 investigation, which will determine if the case should go to trial (which would be a court martial), and if so, what specific charges should be brought (they can be different from the charges originally filed), and if they should carry the possibility of the death penalty. Analysts say that process will not be quick. “I would expect that in a complicated case like this, it would be several months before we would see an Article 32 investigation,” said Victor Hansen, a retired Army lawyer who now teaches at New England Law in Boston. “There’s a lot of investigation the government has yet to do.” If this becomes a death penalty case, there would have to be 12 jury members, and their guilty verdict would have to be unanimous for it to result in an execution. In other cases, as few as five jurors are required and a two-thirds vote can convict. “If you have a capital case, we don’t cut corners,” said the Yale Law School’s Fidell. PTSD: Having the courage to ask for help
And because Bales is an enlisted man, he could request that enlisted personnel make up at least a third of the 12 considering his fate. Even though Bales is being held at Fort Leavenworth, proceedings may not necessarily be held here. A leading contender for the trial venue is Joint Base Lewis-McChord outside Seattle, where Bales is based and near where his wife and two small children live. More content from msnbc.com and NBC News: Follow US News on msnbc.com on Twitter and Facebook | Geraldo Rivera blames hoodie for Trayvon's death; critics tell him to zip it up Mar 23rd 2012, 18:56 By msnbc.com staff Zip it up. That was a common reaction Friday on the Web and elsewhere to Fox News personality Geraldo Rivera’s comments that the hoodie was as much to blame for Trayvon Martin’s death as the shooter. “Geraldo Rivera of Fox News has lost his mind. He's saying #Trayvon Martin wearing a hoodie helped cause his own death?” CNN commentator Roland Martin, who is black, tweeted. “Hey Geraldo, Black kids have gotten shot not wearing hoodies. Dude, that's just dumb.” Rivera stirred up a firestorm when he said on Friday’s “Fox & Friends” that the black Florida teen might not be dead had he not worn a hoodie the night he was shot by a community watch volunteer George Zimmerman. “I believe that George Zimemrman, the overzealous neighborhood watch captain, should be investigated to the fullest extent of the law, and if he is criminally liable he should be prosecuted. But I am urging the parents of black and Latino youngsters particularly to not let their children go out wearing hoodies,” Rivera said. “I think the hoodie is as much responsible for Trayvon Martin’s death as George Zimmerman was.” He added: "You have to recognize that this whole stylizing yourself as a gangsta, you’re going to be a gangsta-wannabe, well people are going to perceive you as a menace." The outspoken “Geraldo at Large” host, who is Latino, expressed similar sentiments in a column Friday titled, “Trayvon Martin Would Be Alive but for His Hoodie.” twitter.com Geraldo Rivera's comments on hoodies and Trayvon Martin riled many Twitter users. Reaction to his comments was fast and furious. "i didn't even know geraldo still did stuff ppl listened to. damned if i listen to him now. but #BEATEMDOWN hoodies ARE on sale for $25," media personality Bomani Jones tweeted. "Dear Geraldo Rivera: I'll use small words so you can follow me, okay? Hoodies don't kill people. Paranoid racists with guns kill people," tweeted Wil Wheaton of Los Angeles. Obama: 'If Ihad a son, he'd look like Trayvon' “That's like saying Martin should not have left the house while being Black. As the Million Hoodie marches emphasize, there is nothing inherently devious about hoodies. It's our culture's racist stereotype for "suspicion" that makes hoodies worn by people of color -- not soccer moms or Anderson Cooper -- an act that could be met with violence,” journalist Kristen Gwynne wrote on AlterNet. On ThinkProgress.org, Alex Seitz-Wald posted a photo purportedly showing Rivera wearing a hooded jacket while covering a story during a storm. “Rivera’s comments suggesting that Martin’s attire was responsible for his death are offensive and repugnant. One of the reasons Martin may have been wearing a hood is that it was raining on the day he was shot. As Rivera himself has experienced, a hood can be helpful in a rainstorm,” Seitz-Wald wrote. American Apparel, the clothing manufactuer whose hoodies are popular with teens, said it was "appalled" by Rivera's comments. Marsha Brady, the company's creative director, said this in a sattement provided to msnbc.com: "To Geraldo Rivera we say this: American Apparel sells millions of hoodies each year in every color you can imagine, to every type of person you can imagine--pink hoodies to toddlers, black and navy hoodies to businessmen and successful entrepreneurs, as well as plenty of college students of all backgrounds and everyone else in between. We even sell hoodies for dogs. The idea that this classic garment implies that its owner is a dangerous criminal to be 'feared' is absolutely ridiculous. We're incredibly sorry for the young man who was shot while wearing one, and feel very strongly that oversimplifying the discussion regarding this incident by blaming the victim's clothing is doing the country, Trayvon Martin, and all those who support the end of crimes such as this one a massive and dangerous disservice." Students walk out in Trayvon Martin protest Msnbc.com examined the issue of black youth and hoodies in a story published Thursday. On msnbc.com’s US News Facebook page, the topic made for spirited, sometimes heated discussion. Wrote one Facebook user, Scherika Foster: Perceiving black teens who wear hoodies as dangerous is ignorant. Hoodies and/or baggy pants don't make young black males any more dangerous than heels and a fitting dress makes a woman a whore. This type of stereotyping is nonsense and keeps us divided. I've SEEN news clips where grown white men have committed bank robberies, bombings, rapes, and other such crimes wearing hoodies, but because of their skin tone no one perceived them as dangerous prior to their offense. It's not the clothes, it's the skin color...racism still exists. Geraldo Rivera says black and Latino kids shouldn't wear hoodies because they only invite trouble. Do you:
More content from msnbc.com and NBC News: Follow US News on msnbc.com on Twitter and Facebook You can read more comments here and here. Results Total of 834 votes | Staff Sgt. Robert Bales charged with 17 counts of murder in Afghanistan massacre Mar 23rd 2012, 18:30 AP,file Staff Sgt. Robert Bales, left, 1st platoon sergeant, Blackhorse Company, 2nd Battalion, 3rd Infantry Regiment, 3rd Stryker Brigade Combat Team, 2nd Infantry Division participates in an August 2011 exercise at the National Training Center at Fort Irwin, Calif. By msnbc.com news services Army Staff Sgt. Robert Bales was charged Friday with 17 counts of murder and six counts of attempted murder, along with other charges, in connection with a shooting rampage in two southern Afghanistan villages that shocked Americans back home and further roiled U.S.-Afghan relations. The charges come almost two weeks after the massacre in which Bales allegedly left his base in the early morning hours and shot Afghan civilians, including women and nine children, while they slept in their beds, then burned some of the bodies. It was the worst allegation of civilian killings by an American and has severely strained U.S.-Afghan ties at a critical time in the decade-old war.
Bales was read the charges on Friday at the military prison at Fort Leavenworth, Kan., where he has been held since being flown from Afghanistan last week, a U.S. official said. For alleged Afghan shooter, death penalty unlikely Bales' civilian attorney, John Henry Browne, said Friday without commenting on the specific charges that he believes the government will have a hard time proving its case and that at some stage in the prosecution his client's mental state will be an important issue. Death toll in Afghanistan massacre climbs to 17 Col. Gary Kolb, a spokesman for U.S. forces in Afghanistan, says Bales was also charged Friday with six counts of attempted murder and six counts of assault. The decision to charge him with premeditated murder suggestst hat prosecutors plan to argue that he consciously conceived the killings. A military legal official for U.S. forces in Afghanistan who spoke on condition of anonymity to discuss the case, noted that premeditated murder is not something that has to have been contemplated for a long time. Criminal charges including 17 counts of murder and six counts of assault have been brought against Sgt. Robert Bales for alleged actions in Afghanistan. NBC's Jim Miklaszewski reports this is the first step toward the eventual filing of charges. The 38-year-old soldier and father of two, whose home is in Bonney Lake, Wash., faces trial under the Uniform Code of Military Justice, but it could be months before any public hearing. Legal jurisdiction in the Bales case is expected to be switched Friday from U.S. Forces-Afghanistan in Kabul to Bales' home base of Joint Base Lewis-McChord near Tacoma, Wash., U.S. officials said. Defense Secretary Leon Panetta has said Bales could face the death penalty if he is convicted of murder, but it is unlikely. The U.S. military has not executed a service member since 1961. Legal experts say Bales could face a lengthy prison sentence if convicted. The Associated Press contributed to this report. More content from msnbc.com and NBC News: Follow US News on msnbc.com on Twitter and Facebook | Police: 5 bodies found in San Francisco home in apparent murder-suicide Mar 23rd 2012, 18:11 By NBC News, msnbc.com staff and news services SAN FRANCISCO -- Five people -- three females and two males -- were found dead in a home in San Francisco in an apparent murder-suicide, police said. The victims were shot to death, SFGate.com reported, citing police. The bodies were found in an orange, two-story home in the first block of Howth Street, NBCBayArea.com reported. The area is near San Francisco's City College. Police said the public is not in any danger.
Police Chief Greg Suhr said a family member walked into the house shortly before 8 a.m. and discovered the bodies, SFGate.com reported. The dead were described as members of one family. Suhr told SFGate.com that the female family member found one man shot to death in the foyer by the front door, found two more victims in the garage, a man and a woman, then ran out and called police. Police said it was unclear who fired the shots, but they were not looking for any suspects at large. This article includes reporting from NBCBayArea.com, msnbc.com staff and The Associated Press. More content from msnbc.com and NBC News: Follow US News on msnbc.com on Twitter and Facebook | Jury finds polo mogul John Goodman guilty in Florida DUI crash Mar 23rd 2012, 17:44 Testimony is now under way at the DUI manslaughter trial of Florida millionaire John Goodman. The case received nationwide attention after the defendant adopted his adult girlfriend to protect his assets. NBC's Mark Potter reports. By NBC News and msnbc.com staff WEST PALM BEACH, Fla. -- A jury on Friday found John Goodman, a South Florida polo mogul, guilty of DUI manslaughter and vehicular homicide in the Feb. 12, 2010 crash that killed Scott Wilson. Police say a drunken Goodman, the founder of the International Polo Club Palm Beach, rammed his black Bentley convertible into Wilson's car two years ago, causing it to roll into a canal. Goodman is accused of leaving the scene and waiting nearly an hour to call 911 as Wilson died. Goodman was later found to have a blood alcohol level more than twice the legal limit.
Prosecutors argued Goodman likely had 16 to 18 drinks before he got behind the wheel, and said Goodman walked away from the crash scene and called his girlfriend and a friend before finally calling 911, WPTV reported. Read more about this case on NBCMiami.com Goodman's attorney, Roy Black, said his client only a had a few drinks that night. He claimed the Bentley malfunctioned and accelerated into the intersection. Black also said Goodman drank after the crash to ease his pain. The case made headlines after Goodman legally adopted his girlfriend, in what was seen as a legal manuever to protect some of his wealth from a wrongful death lawsuit filed by Wilson's family. Goodman settled with the Wilson family for an unspecified amount earlier this month, shortly before the criminal trial began, according to WPTV. Goodman is facing up to 30 years in prison when he is sentenced on April 30. Read more about his case on WPTV.com After nearly two weeks of testimony, the prosecution and defense made their closing arguments on Thursday before turning the case over to the six jurors late in the day. They deliberated for about a half hour before deciding end their deliberations and resume Friday morning. "The jury in the Goodman case exercised sound judgment in its analysis of the factual and expert evidence in this trial" said State Attorney Peter Antonacci in a statement after the verdict. "Scott Wilson was a young man with a bright future and his life was tragically cut short. I hope that Scott's family now experiences some closure so that the healing process can go forward in this particularly tragic event." Scott Wilson's mother thanked the jury after the verdict. "I know that it took a lot for them to come up with a conclusion and justice has been served," Lily Wilson said. "I'm always gonna miss my son." Msnbc.com staff contributed to this report from NBCMiami.com. More content from msnbc.com and NBC News: Follow US News on msnbc.com on Twitter and Facebook | |