Staff Sergeant Raymond Girard accused of ordering subordinates to kill three Iraqi
detainees should be sentenced to 10 years in prison, a military jury ruled on Monday.
Staff Sgt. Ray Girouard could have received
up to 21 years in prison. He avoided a life sentence when he was found
not guilty of premeditated murder. He refused a government a plea bargain deal to plead guilty to lesser charges in exchange for a lesser sentence.
Girouard
testified during the trial that he lied to investigators about the
slayings to protect his soldiers, and that he never told two of his
soldiers, Spc. William Hunsaker and Pfc. Corey Clagett, to kill the
detainees.
After he discovered the slayings Girouard said he
decided to help them fake an attack, cutting Hunsaker and punching
Clagett in the face, and lying to superiors by saying his soldiers shot
the detainees in self-defense.
What has not been widely reported is the communication and training given to Girouard and his men by commanding officer Col. Michael Steele as they prepared for the realities of war in Iraq.
Film footage was obtained of Col. Steele giving a pep talk saying things such as "Don't
let them live to fight another day. They’re going to breed, multiply .
. .,’You'll be eaten unless you act like the dominant one on the food
chain...rely on your training to do what's right, do not
hesitate...you’re the hunted … don't bring any of them back. "
"I believe you create the perfect storm out there", said defense attorney Anita
Gorecki. "To think that all those things (words, combat stress, adrenaline, fatigue, etc.)
together do not have an effect on some 20 or 21 years old, who is newly
coming into the military and find themselves in this very difficult
situation there, I think is absurd."
The panel also recommended a reduction in his rank, a dishonorable
discharge and forfeiture of pay, with a recommendation that the money
go to his wife and 4-year-old son.
Girouard showed no emotion during the reading of the sentence, but
afterward, he hugged his attorney. His family filed out of the
courtroom without speaking to him.
His attorney, Anita Gorecki, called the case a victory, considering that her client could have faced life in prison.
"I
believe it does work to fight the system," Gorecki said. "In Sgt.
Girouard's case not only does it show you can fight for your day in
court, it was never a possibility for him to plead. He was never going
to take a deal."
She said that he will likely be eligible for parole in three to four years.
Girouard's sister, Joy Oakes, had mixed emotions. "We are sad. We really wanted him to come home," Oakes said. "It's a sad day for our family, but I do feel we got a fair trial.
"I made a bad decision, and I fully accept my responsibility," Girouard said.
Girouard's family and hometown of Sweetwater, TN have remained staunch supporters throughout and rallied to raise money for his legal defense.
I received this touching email from Girouard's grandfather a few weeks ago:
"RICK,
WE HAVE RAISED $17,000.00... ALL WE NEED IS $8,000.00 WE ARE ONLY LOOKING FOR THAT AMOUNT...IF WE GET MORE WE WILL USE IT ON OUR MOTELS AND EATS FOR RAYS TRIAL...WHICH SHOULD LAST 8 DAYS THEY TELL US...AND ALL RECIEPTS WILL BE SAVED. BUT WE ARE ONLY LOOKING FOR $8,000.00
BUT I HAVE COME DOWN WITH LYNFORMA CANCER AND HAVENT WORKED SINCE JAN.10TH SO MONEY WILL BE SHORT FOR OUR TRIP THANKS FOR ALL YOU HAVE DONE FOR US RON & PAT GOD BLESS "
Staff Sergeant Girouard and his sister Joy Oakes were raised by their grandparents. His grandfather and sister had both appeared as gracious guests on my radio show prior to receiving the email.
The decision as to what is "relevant" is an issue for the Court, specifically here, the Military Judge in the trial. Is Mr. Laurences' opinion relevant to the Court? No. Unless you were one of the attorneys on the defense team (myself, Captains Miller & Merriam) you have no idea what was relevant to our defense strategy or to the co-accused and their attorneys. I pray that when I see this film I deem it irrelvant to the trial.
My concern is that it will be and SSG Girouard, a decorated, multiple combat tour soldier, is sitting in the Fort Leavenworth Disciplinary Barracks and a piece of evidence, the documentary, could have been used at his trial.
Again, I was not afforded the opportunity to form my opinion as his attorney because I was not allowed to see the entire film. Mr. Laurence's job is creating Documentaries and my job is defending Soldiers - why could the 2 have not come together?
Bottom line:
1.COL Steele was given immunity by the Government so his 5th Amend. rights are not at issue
2.I saw a snipit of the documentary on the Saturday before the start of trial and had no idea that this documentary existed until the eve of trial. Did you know of this court-martial or this investigation? I did not know of you so the real question is did you know of the Iron Triangle Investigation?
3. A news anchor who saw the piece stated, as I understood it, and I could be wrong, that you (John Laurence) allegedly threaten legal action.
4.I never said that a briefing alone, given 8 months prior was an excuse for the killigs in this case. Again, you and no one else for that matter are privy to the defense strategy. I was charged with defending SSG Girouard from Life Without the Possibiity of Parole. My curiosity is what if anything else do you have closer in time to the event? Had a he made similar speeches as the one given the day before?
5.Finally, and most importantly, SSG GIROUARD WAS FOUND NOT GUILTY OF PREMEDITATED MURDER! He was found guilty of Negligent Homicide, in essence he negligenty entrusted those detainees to those 2 squad members, the 2 sqaud members who actually shot the detainess not SSG Girouard.
All this being said, we both obvioulsy care about soldiers and I hope too see the entire film and I hope that it facilitates more dialogue on the issue".
Anita Gorecki