HEARING SET IN RAPE-SLAYING OF IRAQ GIRL

By RYAN LENZ, Associated Press Writer Sat Aug 5, 2:43 PM ET

BAGHDAD, Iraq - The stress of military duty in Iraq is expected to be at the core of defense arguments when a hearing opens Sunday to determine whether five American soldiers should be tried in the rape-slaying of a 14-year-old girl.

Three of the girl's relatives also were killed in the town of Mahmoudiya on March 12, which is among the worst incidents in a series of cases alleging U.S. troops killed or abused Iraqi civilians.

The soldiers in the Mahmoudiya case — Sgt. Paul E. Cortez, Spc. James P. Barker, Pfc. Jesse V. Spielman and Pfc. Bryan L. Howard — are charged with conspiring to rape the girl along with former Pfc. Steven D. Green, who was arrested in North Carolina in June.

A fifth soldier from the same unit, Sgt. Anthony W. Yribe, is charged with failing to report the attack but is not alleged to have been a direct participant.

The Article 32 hearing, the civilian equivalent of a grand jury proceeding, will decide whether there is enough evidence to convene a court-martial for the five soldiers. Green has pleaded not guilty in federal court and is being held without bond.

According to an FBI affidavit, the soldiers drank alcohol before abandoning their checkpoint, changed clothes and headed to the victims' house, about 200 yards from a U.S. military checkpoint in a Sunni Arab area south of Baghdad.

The soldiers are also accused of setting fire to the girl's body to destroy evidence.

David Sheldon, Barker's Washington-based attorney, has said the stressful environment in the Mahmoudiya area — known in Iraq as the "Triangle of Death" — contributed to the way the soldiers behaved.

Their unit, the 502nd Infantry Regiment, 101st Airborne Division, suffered months of bombings and shootings that felled dozens of comrades, leaving soldiers of every rank emotionally ragged and strained.

"When you're in battle for a sustained period of time, there's certainly a numbing effect as to how one responds in any one situation," Sheldon said, referring to Barker's two combat tours in Iraq, during which he saw friends and other soldiers in his unit killed.

U.S. officials are concerned the case will strain relations with Iraq's new government if Iraqis perceive the soldiers receive lenient treatment. The case has already increased demands for changes in an agreement that exempts U.S. soldiers from prosecution in Iraqi courts.

U.S. officials have assured Iraqis that the case will be pursued vigorously and that the soldiers will be punished if convicted. Prime Minister Nouri al-Maliki has demanded an independent investigation into the case.

The hearing is expected to last several days, and parts will be held in secret, including testimony from Iraqi witnesses. The restriction was imposed after an appeal by the trial counsel to protect witnesses, who could be at risk if they are seen as collaborating with the Americans.

Iraqi authorities identified the rape victim as Abeer Qassim Hamza. The other victims were her father, Qassim Hamza; her mother, Fikhriya Taha; and her sister, Hadeel Qassim Hamza.

Four soldiers from another regiment in the 101st have been accused of killing three Iraqi detainees in Samarra three months ago. The Article 32 hearing in that case wrapped up Friday in Tikrit but no decision on a trial was announced.

In another case, the U.S. command said Saturday that Sgt. Milton Ortiz Jr. of the 2nd Battalion, 28th Infantry Regiment of the Pennsylvania National Guard, was reduced in rank to specialist after pleading guilty to conspiracy to obstruct justice by placing a rifle near a mortally wounded Iraqi in February and threatening and assaulting an Iraqi in March.

The charges resulted from the killing of an unarmed Iraqi near Ramadi by Spc. Nathan Lynn, who was cleared last month of manslaughter and conspiring to obstruct justice.