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Soldier Acquitted of Afghan's Murder
FORT BRAGG, N.C. - A military jury found a veteran Green Beret not guilty Wednesday of premeditated murder and mutilation in the death of an unidentified Afghan man who may have been a Taliban insurgent.
Army Special Forces Master Sgt. Joseph Newell, 39, of Tecumseh, Mich., was charged in the March 2008 shooting in southern Afghanistan's Helmand province. He was also charged with cutting off the man's ear, which a prosecutor displayed to jurors as the trial opened last week.
The jury deliberated for about four hours Wednesday before returning the verdict. As it was read, Newell lowered his head into his hands and appeared to weep. Newell had faced a life sentence if convicted of premeditated murder.
"He just wants to enjoy his family without anything hanging over his head," said Todd Conormon, Newell's civilian defense lawyer. "He went through a very challenging deployment in perhaps one of the most dangerous places on earth and because of these charges, he never has had a chance to really come home. That starts today."
As the jurors left the courtroom, Newell climbed over the railing between the table and spectators and hugged his family members, starting with his wife Tina. One of his attorneys said Newell would likely retire from the Army.
"Our family has gone through misery for a year," said Bob Feldkamp, Newell's stepfather. "I knew from the start he was not guilty."
Newell testified this week he shot the unidentified man twice with his rifle after the man lunged at him during questioning. Newell said he had stopped the suspects vehicle after it appeared he was watching the convoy and communicating with insurgents.
Newell's Special Forces team was assigned to a remote base called Forward Operating Base Robinson that was about six hours by road from Kandahar. He testified his team was responsible for killing about 200 enemy fighters.
During closing arguments, prosecutor Capt. Seamus Barry said Newell admitted shooting the man and that evidence "shows that this man did not constitute a threat on that day."
Barry said the Afghan man was unarmed. He said another Soldier and an interpreter were present and said they didn't see the man make a move toward Newell, and that Newell himself had said the man wasn't a threat.
"The accused had it in his mind that he was going to kill this man" after seeing a cell phone with a picture of a Russian machine gun on its screen, Barry said.
But Conormon urged the jurors to consider the circumstances.
"We tell our Soldiers that every Soldier has the right to self defense, to kill the enemy and you will not be second-guessed," Conormon said. "We tell our Soldiers if you wait, pause or hesitate ... you could be killed."
The defense lawyer said there was no attempt by Newell to hide the shooting. He also said he cut the victim's ear off because he was told to do so by his commander.
Prosecutor Capt. Chris Harry said during his closing argument if the jury believed Newell, then it believed all the government witnesses lied. Harry declined to comment after the jury reached it verdict.
FORT BRAGG, N.C. - A military jury found a veteran Green Beret not guilty Wednesday of premeditated murder and mutilation in the death of an unidentified Afghan man who may have been a Taliban insurgent.
Army Special Forces Master Sgt. Joseph Newell, 39, of Tecumseh, Mich., was charged in the March 2008 shooting in southern Afghanistan's Helmand province. He was also charged with cutting off the man's ear, which a prosecutor displayed to jurors as the trial opened last week.
The jury deliberated for about four hours Wednesday before returning the verdict. As it was read, Newell lowered his head into his hands and appeared to weep. Newell had faced a life sentence if convicted of premeditated murder.
"He just wants to enjoy his family without anything hanging over his head," said Todd Conormon, Newell's civilian defense lawyer. "He went through a very challenging deployment in perhaps one of the most dangerous places on earth and because of these charges, he never has had a chance to really come home. That starts today."
As the jurors left the courtroom, Newell climbed over the railing between the table and spectators and hugged his family members, starting with his wife Tina. One of his attorneys said Newell would likely retire from the Army.
"Our family has gone through misery for a year," said Bob Feldkamp, Newell's stepfather. "I knew from the start he was not guilty."
Newell testified this week he shot the unidentified man twice with his rifle after the man lunged at him during questioning. Newell said he had stopped the suspects vehicle after it appeared he was watching the convoy and communicating with insurgents.
Newell's Special Forces team was assigned to a remote base called Forward Operating Base Robinson that was about six hours by road from Kandahar. He testified his team was responsible for killing about 200 enemy fighters.
During closing arguments, prosecutor Capt. Seamus Barry said Newell admitted shooting the man and that evidence "shows that this man did not constitute a threat on that day."
Barry said the Afghan man was unarmed. He said another Soldier and an interpreter were present and said they didn't see the man make a move toward Newell, and that Newell himself had said the man wasn't a threat.
"The accused had it in his mind that he was going to kill this man" after seeing a cell phone with a picture of a Russian machine gun on its screen, Barry said.
But Conormon urged the jurors to consider the circumstances.
"We tell our Soldiers that every Soldier has the right to self defense, to kill the enemy and you will not be second-guessed," Conormon said. "We tell our Soldiers if you wait, pause or hesitate ... you could be killed."
The defense lawyer said there was no attempt by Newell to hide the shooting. He also said he cut the victim's ear off because he was told to do so by his commander.
Prosecutor Capt. Chris Harry said during his closing argument if the jury believed Newell, then it believed all the government witnesses lied. Harry declined to comment after the jury reached it verdict.
