Kentucky

From Chron.com is an AP story out of Kentucky.  Interesting jurisdictional situation since the soldier is being prosecuted in federal district court rather than a court-martial.

Ky. judge sets hearing in Iraqi slaying case
By BRETT BARROUQUERE Associated Press Writer © 2008 The Associated Press
Oct. 15, 2008, 2:55PM

PADUCAH, Ky. ? A federal judge on Wednesday said he would hold a hearing later this month to decide whether statements a former Army soldier made after being arrested in the killing of an Iraqi girl and her family can be used at his trial.

Steven D. Green, 22, faces 16 charges that include premeditated murder and aggravated sexual assault. He has pleaded not guilty and claims he was insane at the time of the 2006 attack.

Green's attorneys have argued in court document that statements he made to authorities after his June 2006 arrest in North Carolina should not be allowed. The statements haven't been made public.

Federal Public Defender Scott Wendelsdorf argued that Green, of Midland, Texas, told federal agents after his arrest in Nebo, N.C., that he did not wish to speak unless his attorney was present. Prosecutors have claimed that Green made statements and "discussed topics" twice, Wendelsdorf said.

Assistant U.S. Attorney Marisa Ford told the U.S. District Judge Thomas B. Russell a response to Green's argument would be filed by Tuesday. The judge scheduled a hearing on the matter for Oct. 29.

Two of Green's other attorneys said they've disclosed to prosecutors a list of expert witnesses who will testify on Green's behalf.

Ford said prosecutors are reviewing the list and considering whether to have Green undergo more mental evaluations.

Defense attorneys also asked for the declassification of two complete documents to be used as evidence in the case. Ford said prosecutors are working on declassifying all the evidence in the case.

"We would all prefer to not have to go through secret proceedings," Ford said.

Green was deployed in Iraq with the 101st Airborne Division when authorities say the 2006 assault took place. The unit is based at Fort Campbell, an Army post on the Kentucky-Tennessee border about 185 miles southwest of Louisville.

Green is being prosecuted in federal court because he was discharged from the military before being charged.

Four other soldiers pleaded guilty or were convicted for their roles in targeting the girl from a checkpoint near Mahmoudiya, a village 20 miles south of Baghdad, and helping rape and kill her.

Two of the soldiers testified they took turns raping the girl while Green shot and killed her mother, father and younger sister. They also testified that Green raped the girl and shot her.

Green's trial is scheduled for April.