Soldier Testifies Against Colleague In Rape-Slaying Case

By RYAN LENZ Associated Press Writer

FORT CAMPBELL, KY. (AP)- A Fort Campbell, Kentucky, soldier convicted in the rape and murder of a 14-year-old Iraqi girl and her family testified against another soldier on trial today.

Sergeant Paul Cortez says Private First Class Jesse Spielman stood over his colleagues as they raped the girl and pointed his weapon at the door for security. Cortez says Spielman did nothing to stop the soldiers as they held the girl down, kicking and screaming, even though he was within a few feet of the others.

Prosecutors have not said Spielman took part in the rape or murders, but he can be convicted under military law if they can prove he came to the house knowing what the other intended to do. Defense attorney Dan Christensen told jurors yesterday that Spielman used bad judgment and has admitted to crimes including conspiracy to obstructing justice and arson. But he says Spielman’s admission to those crimes doesn’t mean he is guilty of rape or murder.

Then-Private First Class Steven Green, who grew up in Midland, Texas, has pleaded not guilty in federal court to charges including murder and sexual assault. Military prosecutor Maj. William Fischbach asked Cortez if Spielman objected to the rape. “When, if ever, does Spielman say, ‘My God, Cortez, what are you doing?”‘ Cortez, his lips trembling, replied: “‘He doesn’t.”‘

Cortez previously pleaded guilty to the attack on Abeer Qassim al-Janabi and her family and was sentenced to 100 years behind bars. Two other soldiers convicted in the attack also were expected to testify against Spielman. Green was discharged from the military before he was charged and could face the death penalty if found guilty in federal court in Kentucky.

The other soldiers have told investigators that Spielman, 22, of Chambersburg, Pa., knew of the plan to rape the girl and was present when they worked out details over whiskey. Defense attorneys said in their opening arguments that the soldiers who participated in the assault have provided contradictory statements about what happened that day in March 2006.

(Copyright 2007 by The Associated Press. All Rights Reserved.)