The Common Ills: Steven D. Green's Defense Team Suffers Setback

Friday, May 15, 2009

Steven D. Green's Defense Team Suffers Setback

Steven D. Green was convicted last Thursday in the gang-rape of 14-year-old Iraqi Abeer Qassim Hamza al-Janabi, her murder, the murder of her five-year-old sister and the murders of both of her parents. His sentence hearing is ongoing and yesterday was day four. Brett Barrouquere (AP) reports, "U.S. District Judge Thomas Russell told jurors they should have the case for deliberations by Wednesday. He then adjourned court until Monday, when the defense is expected to present more witnesses." Barrouquere has been covering this case for nearly three years and he's the only one who's filed a report on Thursday's court room proceedings.

As a result, we'll focus on other aspects of the case this morning.

If the defense continues to present witnesses as late as Wednesday morning they will have offered 7 days of testimony for the sentencing phase. The trial itself, to determine guilt or innocence, lasted only 8 days. The defense began their presentation May 4th and concluded it May 5th. They offered two days of witness testimony when the jury was to determine whether Green was guilty or innocent. (The jury found Green guilty on all counts.) By contrast, they have already spent twice that amount of time calling witnesses this week.

Away from the jury, the defense suffered a setback this week. They'd filed a motion arguing that some of the counts Green was convicted of should be dropped. Judge Russell considered their motion and the motion filed by Marisa Ford arguing the prosecution's case.

Yesterday Judge Thomas ruled, "Defendant has moved the Court to (1) dismiss and/or preclude sentencing on counts 3-10, alternatively to (2) dismiss and/or preclude sentencing on counts 13-15, and alternatively to (3) permit sentencing on one murder count per victim. The United States has responded (DN 247). This matter is now ripe for adjudication. For the reasons that follow, Defendant’s Motion is DENIED."

The motion by the defense was a head scratcher since the time to make such a motion (which most likely would have been denied) was before the conviction, not after. Not after the jury made a determination. The motion continues the pattern of the defense doing more work in the sentencing phase than they did when the jury was determining guilt or innocence.

Green is facing the death penalty and to be sentenced to death, every person on the jury must vote in favor of a death sentence. Should the jury be unable to make a determination, the judge would sentence Green and, should that happen, the it would be a life sentence of imprisonment.

Evan Bright is the 18-year-old high school senior who has reported on the trial and the sentencing. He reported on his Twitter feed yesterday but has not yet posted on his website. Check his website later today to see if he's posted on Thursday's witnesses. At his Twitter feed, he noted last night, "I accept defeat to writer's block. The blog will have to wait til' tomorrow, folks. Sorry for the delay."

In other news, Ruben Vives (Los Angeles Times) reports that the Los Angeles City Council unanimously voted Wednesday to approve Council Rep Bill Rosendahl's "resolution calling for federal legislation urging the Iraqi government to prevent the persecution of lesbian, gay, bisexual and transgender people."

The following community sites have updated: