Despite the fact that prosecutors must disclose any exculpatory evidence they have to the defense, they denied having any such evidence despite having been told by their own expert witness that 1LT Behenna’s explanation was the only logical explanation.
Withholding of this evidence allowed prosecutors to argue that Behenna executed Ali Mansur while seated DESPITE THE FACT THAT forensic experts, including Dr. MacDonnell, agree that Ali was standing with his arms outstretched when shot.
After 1LT Behenna was convicted and sentenced in mid February 2009, the Defense, through Attorney Jack Zimmerman, made a claim that the trial was inherently unfair because a prosecution expert agreed with the defense experts that the forensic evidence suggested that Ali Mansur was probably standing at the time that he was shot. This was the central theme of the defense throughout the trial; Ali Mansur, although naked, had made a threatening move by standing up before he was shot by LT Behenna. This, combined with the fact that Ali Mansur was a suspected terrorist, should have lead the military panel to find that LT Behenna was legally justified in killing Ali Mansur.
In a sworn affidavit, dated April 21, Dr. MacDonnell explained how knowledge he acquired while waiting to testify in the case could have changed dramatically its outcome.
I'd suggest reading this all the way through. This is just flat disgusting; the prosecutors should be disbarred and, if possible, criminally charged for this crap.
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