Lawyer cites PTSD to defend US soldier in Afghan killings

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The lawyer for a US soldier charged with killing 17 villagers in southern Afghanistan said Wednesday he will cite Post Traumatic Stress Disorder (PTSD) to defend the serviceman.

Attorney John Henry Browne added that prosecutors will have trouble proving their case against Staff Sergeant Robert Bales, whose alleged attack further strained already tense ties between Washington and Kabul.

Bales, 38, is said to have walked out of his base in the southern province of Kandahar in the early hours of March 11 and mounted a massacre in two nearby villages, with many of his victims women and children.

"When the experts are done with this case, there'll definitely be PTSD... I know a lot about PTSD and the symptoms and everything, and I'm convinced from my conversations that PTSD will be an issue," he told CNN.

The lawyer, who said he has met his client for 11 hours, downplayed reports that Bales had confessed, or even spoken about the shootings when he returned from the alleged attacks in the early hours.

"I don't know that I trust anything about him saying 'I shot people,' because I have not heard that from any source I trust," Browne told CNN in an interview.

Bales, who is being held at the Fort Leavenworth military base in Kansas, has been charged with 17 counts of premeditated murder, as well as six counts of assault and attempted murder in connection with the massacre.

Browne claimed there was a lack of evidence from the scene.

"It's not a traditional crime scene. There is no crime scene. The military has not even been back to the villages where this allegation stems from. They haven't been back there," Browne said.

"So there's no crime scene, there's no DNA, there's no fingerprints, there's no confession. It's -- you know, the Afghan people traditionally, I understand, and understandably, bury their dead very quickly.

"So it's going to be a tough case for the prosecutors," he added.

The killings have put further strain on the already difficult relationship between Kabul and Washington, after the burning of Korans by American soldiers in mid-February triggered deadly anti-US protests.

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US soldier's lawyer slams Afghan killings 'blackout'

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The lawyer representing a US soldier accused of killing 17 Afghan villagers condemned what he called an "information blackout" that prevents him from preparing his defense case.

Attorney John Henry Browne on Friday said his team had been blocked from interviewing witnesses and injured civilians in southern Afghanistan following the alleged massacre earlier this month.

"We were expecting a lot more cooperation. The prosecutors in this case promised us a lot of cooperation which we're just not getting," he told reporters in Seattle.

"We are facing an almost complete information blackout from the government, which is having a devastating effect on our ability to investigate the charges preferred against our client," he added in a statement.

His client Sergeant Robert Bales, 38, is said to have walked out of his base in the southern province of Kandahar in the early hours of March 11 and mounted a massacre in two nearby villages, with many of his victims women and children.

Browne met his client earlier this month at the Fort Leavenworth military base in Kansas, where Bales is detained charged with 17 counts of premeditated murder, as well as six counts of assault and attempted murder.

But his team has made little progress on the ground in Afghanistan. "When we tried to interview the injured civilians being treated at Kandahar Hospital, we were denied access and told to coordinate with the prosecution team," it said.

The next day, prosecutors interviewed the injured civilians, but Browne's office found out shortly afterward that "the civilians were all released from the hospital and there was no contact information for them.

"In addition, we are being denied access to the injured civilians medical records that are in the possession of the government which makes it even more impossible for us to try to locate and interview these crucial witnesses," it said.

"The prosecution is withholding the entire investigative file from the defense team while the potential witnesses scatter into unknown and potentially inaccessible areas in Afghanistan."

Browne, who said his team had also not been shown an alleged video of Bales, conceded that under military trial rules, they do not have the right to shared "discovery" information until 30 days before a so-called Article 32 preliminary hearing.

"In this case, they actually promised us that if we sent people to Afghanistan... they would cooperate, and make witnesses available for us. And they've obviously violated that promise," he said.

He also warned that the defense -- which will have access to the results of a "sanity review" of Bales expected in the next two months and not made officially available to prosecutors -- could withhold cooperation.

"If they want cooperation from us they better start cooperating more," he told reporters.

Browne said earlier this week that post-traumatic stress disorder will almost certainly be part of his defense, adding that prosecutors will have trouble proving their case against Bales.

The killings have further strained the already difficult relationship between Kabul and Washington, at an all-time low after the burning of Korans by Americans, a spate of deadly anti-US protests and an earlier video showing US Marines urinating on the corpses of Taliban militants.

US military officials declined to respond directly to Browne's allegations. But army spokesman George Wright told AFP: "The US Army will continue to work with the Bales legal defense team in the months to come."

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Lawyer prepares to meet Afghan killings suspect

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SEATTLE (AP) — A Seattle defense attorney prepared to meet Monday with Army Staff Sgt. Robert Bales, who is facing formal charges in an attack on two slumbering Afghan villages that left 16 people dead, including nine children.

John Henry Browne flew to Kansas Sunday ahead of his first face-to-face meeting with the 10-year Army veteran, who is being held in an isolated cell at Fort Leavenworth's military prison.

Fort Leavenworth spokeswoman Rebecca Steed said Bales would be able to meet Browne in what is described as a privileged visit. Along with medical visits, such meetings are generally more private than others conducted in the prison.

Bales, 38, hasn't been charged in the March 11 shootings, which have endangered relations between the U.S. and Afghanistan and threaten to upend U.S. policy over the decade-old war.

But formal charges are expected to be filed within a week and if the case goes to court the trial will be held in the United States, said a legal expert with the U.S. military familiar with the investigation.

That expert said charges were still being decided and that the location for any trial had not yet been determined. If the suspect is brought to trial, it is possible that Afghan witnesses and victims would be flown to the United States to participate, he said.

Military lawyers say once attorneys involved in the initial investigation of an alleged crime involving a service member have what they believe to be a solid understanding of what happened and are satisfied with the evidence collected, they draft charges and present them to a commander. That person then makes a judgment on whether there is probable cause to believe that an offense was committed and that the accused committed it.

That commander then "prefers" the charges to a convening authority, who typically is the commander of the brigade to which the accused is assigned but could be of higher rank.

Bales' defense team said in a statement late Saturday that "it is too early to determine what factors may have played into this incident and the defense team looks forward to reviewing the evidence, examining all of Sergeant Bales' medical and personnel records, and interviewing witnesses."

The lawyers' statement also said Bales' family was "stunned in the face of this tragedy, but they stand behind the man they know as a devoted husband, father and dedicated member of the armed services."

Military officials have said that Bales, after drinking on a southern Afghanistan base, crept away March 11 to two villages overnight, shooting his victims and setting many of them on fire. Nine of the 16 killed were children and 11 belonged to one family.

Court records and interviews in recent days have revealed that Bales had a string of commendations for good conduct after four tours in Iraq and Afghanistan. But he also faced a number of troubles in recent years: a Florida investment job went sour, his Seattle-area home was condemned as he struggled to make payments on another, and he failed to get a recent promotion.

Legal troubles included charges that he assaulted a girlfriend and, in a hit-and run accident, ran bleeding in military clothes into the woods, court records show. He told police he fell asleep at the wheel and paid a fine to get the charges dismissed, the records show.

Browne, 65, has represented clients ranging from serial killer Ted Bundy to Colton Harris-Moore, known as the "Barefoot Bandit." He has said he has handled only three or four military cases. Bales will also have at least one military lawyer.

Tall and stylish, Browne has been a prominent figure in Washington state legal circles since the 1970s, known equally for his zeal in representing his clients and his flair before television cameras.

_____

Also contributing were Associated Press writers Manuel Valdes in Seattle, John Milburn in Topeka, Kan., and Deb Riechmann in Kabul, Afghanistan.

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Lawyer for Afghan killings suspect to visit him

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SEATTLE (AP) — With formal charges looming against his client within days, the lawyer for an Army sergeant suspected in the horrific nighttime slaughter of 16 Afghan villagers flew to Kansas and was preparing for his first face-to-face meeting with the 10-year veteran.

John Henry Browne of Seattle said he planned to meet Monday with Army Staff Sgt. Robert Bales, who is being held in an isolated cell at Fort Leavenworth's military prison.

Bales, 38, hasn't been charged in the March 11 shootings, which have endangered relations between the U.S. and Afghanistan and threaten to upend U.S. policy over the decade-old war. But formal charges are expected to be filed within a week and if the case goes to court the trial will be held in the United States, said a legal expert with the U.S. military familiar with the investigation.

That expert said charges were still being decided and that the location for any trial had not yet been determined. If the suspect is brought to trial, it is possible that Afghan witnesses and victims would be flown to the United States to participate, he said.

Military lawyers say once attorneys involved in the initial investigation of an alleged crime involving a service member have what they believe to be a solid understanding of what happened and are satisfied with the evidence collected, they draft charges and present them to a commander. That person then makes a judgment on whether there is probable cause to believe that an offense was committed and that the accused committed it.

That commander then "prefers" the charges to a convening authority, who typically is the commander of the brigade to which the accused is assigned but could be of higher rank.

Bales' defense team said in a statement late Saturday that "it is too early to determine what factors may have played into this incident and the defense team looks forward to reviewing the evidence, examining all of Sergeant Bales' medical and personnel records, and interviewing witnesses."

The lawyers' statement also said Bales' family was "stunned in the face of this tragedy, but they stand behind the man they know as a devoted husband, father and dedicated member of the armed services."

Military officials have said that Bales, after drinking on a southern Afghanistan base, crept away March 11 to two slumbering villages overnight, shooting his victims and setting many of them on fire. Nine of the 16 killed were children and 11 belonged to one family.

Court records and interviews in recent days have revealed that Bales had a string of commendations for good conduct after four tours in Iraq and Afghanistan. But he also faced a number of troubles in recent years: a Florida investment job went sour, his Seattle-area home was condemned as he struggled to make payments on another, and he failed to get a recent promotion.

Legal troubles included charges that he assaulted a girlfriend and, in a hit-and run accident, ran bleeding in military clothes into the woods, court records show. He told police he fell asleep at the wheel and paid a fine to get the charges dismissed, the records show.

Rebecca Steed, spokeswoman at Fort Leavenworth, said Bales would be able to meet with Browne in what is described as a privileged visit. Along with medical visits, such meetings are generally more private than others conducted in the prison.

Browne, 65, has represented clients ranging from serial killer Ted Bundy to Colton Harris-Moore, known as the "Barefoot Bandit." He has said he has handled only three or four military cases. Bales will also have at least one military lawyer.

Tall and stylish, Browne has been a prominent figure in Washington state legal circles since the 1970s, known equally for his zeal in representing his clients and his flair before television cameras.

_____

Also contributing were Associated Press writers Manuel Valdes in Seattle, John Milburn in Topeka, Kan., and Deb Riechmann in Kabul, Afghanistan.

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Lawyer prepares to meet with Afghan killings suspect - Fox News

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SEATTLE – ?Seattle defense attorney prepared to meet Monday with Army Staff Sgt. Robert Bales, who is facing formal charges in an attack on two slumbering Afghan villages that left 16 people dead, including nine children.

John Henry Browne flew to Kansas Sunday ahead of his first face-to-face meeting with the 10-year Army veteran, who is being held in an isolated cell at Fort Leavenworth's military prison.

Fort Leavenworth spokeswoman Rebecca Steed said Bales would be able to meet Browne in what is described as a privileged visit. Along with medical visits, such meetings are generally more private than others conducted in the prison.

Bales, 38, hasn't been charged in the March 11 shootings, which have endangered relations between the U.S. and Afghanistan and threaten to upend U.S. policy over the decade-old war.

But formal charges are expected to be filed within a week and if the case goes to court the trial will be held in the United States, said a legal expert with the U.S. military familiar with the investigation.

That expert said charges were still being decided and that the location for any trial had not yet been determined. If the suspect is brought to trial, it is possible that Afghan witnesses and victims would be flown to the United States to participate, he said.

Military lawyers say once attorneys involved in the initial investigation of an alleged crime involving a service member have what they believe to be a solid understanding of what happened and are satisfied with the evidence collected, they draft charges and present them to a commander. That person then makes a judgment on whether there is probable cause to believe that an offense was committed and that the accused committed it.

That commander then "prefers" the charges to a convening authority, who typically is the commander of the brigade to which the accused is assigned but could be of higher rank.

Bales' defense team said in a statement late Saturday that "it is too early to determine what factors may have played into this incident and the defense team looks forward to reviewing the evidence, examining all of Sergeant Bales' medical and personnel records, and interviewing witnesses."

The lawyers' statement also said Bales' family was "stunned in the face of this tragedy, but they stand behind the man they know as a devoted husband, father and dedicated member of the armed services."

Military officials have said that Bales, after drinking on a southern Afghanistan base, crept away March 11 to two villages overnight, shooting his victims and setting many of them on fire. Nine of the 16 killed were children and 11 belonged to one family.

Court records and interviews in recent days have revealed that Bales had a string of commendations for good conduct after four tours in Iraq and Afghanistan. But he also faced a number of troubles in recent years: a Florida investment job went sour, his Seattle-area home was condemned as he struggled to make payments on another, and he failed to get a recent promotion.

Legal troubles included charges that he assaulted a girlfriend and, in a hit-and run accident, ran bleeding in military clothes into the woods, court records show. He told police he fell asleep at the wheel and paid a fine to get the charges dismissed, the records show.

Browne, 65, has represented clients ranging from serial killer Ted Bundy to Colton Harris-Moore, known as the "Barefoot Bandit." He has said he has handled only three or four military cases. Bales will also have at least one military lawyer.

Tall and stylish, Browne has been a prominent figure in Washington state legal circles since the 1970s, known equally for his zeal in representing his clients and his flair before television cameras.

View the original article here