**Soldier Gets 15 Months in Prison for Refusing Iraq Duty!

[G_j]

(Both Monica and Kevin Benderman have posted here at DU)

Soldier Gets 15 Months in Prison for Refusing Iraq Duty
(links to the stories below can be found here:

http://www.bendermandefense.org /



Kevin with fellow conscientious objectors Aidan Delgado (left) and Camilo Mejía (right) on the day of the Court-Martial, July 29, 2005. Photo credit: Maritza Mejía, distributed by www.bendermandefense.org . For more pictures, click here.

Amnesty International Declares Kevin Benderman a "Prisoner of Conscience," Initiates International Campaign of Support

"Amnesty International Urgent Action: Prisoner of Conscience Kevin Benderman," Amnesty International, August 9, 2005.

Note: The link above is to the text of the Amnesty International (AI) Urgent Action Declaration on August 9, 2005. When we have an appropriate link to the AI website, we will provide it.


From Monica Benderman,
"Memo to President George Bush," by Monica Benderman, Kevin Benderman Defense Committee, August 7, 2005.

A Letter of Thanks from Monica Benderman, Kevin Benderman Defense Committee, August 1, 2005.

Kevin Transferred to Ft. Lewis
Kevin was transferred on August 1 to Fort Lewis in Washington state. As soon as we have a mailing address for him there, we will provide it.

Most Decorated Green Beret Commander Transfers Medal to Kevin

"Award of the Soldier’s Medal to Sgt. Kevin Benderman (Regular Army)," by Lt. Colonel James Bo Gritz, July 29, 2005.

Kevin's Supporters React to Court-Martial Verdict


"War Objector Simply Put Conscience First," by Stuart Cashin, Atlanta Journal Constitution, August 10, 2005.


"Other Voices: Oath to Defend the Constitution," by Benjamin Cuker, Hampton Roads Daily Press, August 8, 2005.

"Where Do I Live?" by Cindy Sheehan (co-founder, Gold Star Families for Peace), CommonDreams.org, August 3, 2005.

"Dishonorable Discharge," by Karen Kwiatkowski, LewRockwell.com, August 3, 2005.

"The Conviction of Kevin Benderman," by Debbie Clark, Anti-War.com, August 1, 2005.

"Free Kevin Benderman Now!" T-Shirt Design by Yasemin.

"In Praise of Kevin Benderman," by Norman Solomon, Alternet, July 29, 2005.

"Oakland Rally for Iraq War Veteran, Objector Kevin Benderman" by Jeff Paterson, Indybay.org, July 29, 2005, (For more pictures of the event, see Jackie Thomason's website, and for more information, see CouragetoResist.org).

"Words Against War," Interview with activist and organizer David Solnet, Pacifica Radio, July 29, 2005.

"Support Kevin Benderman," by Camilo Mejía, Iraq Veterans Against the War (See also: http://www.freecamilo.org/benderman.htm )

Court-Martial Verdict: Kevin Acquitted of Desertion, Guilty of Missing Deployment to Iraq, Sentenced to 15 Months in Prison, Taken Into Custody


"Soldier Gets 15 Months in Prison for Refusing Iraq Duty," by Russ Bynum (AP), CNN, July 29, 2005.

"Sergeant Who Claimed Conscientious Objector Status Goes to Prison," by Sean Harder, Savannah Morning News, July 28, 2005.

[LiberalinNC]

1. At least he'll be able to leave prison alive! Who knows about Iraq!

[don954]

2. better than dead or mamed!

[jbonkowski70]

3. Shorter tour, less dangerous

Depending on the prison conditions, this may be a better outcome. I would guess a military prison would have better conditions than any old jail.

He would probably get sent to Iraq for more than 15 months.

Does anyone know if other inmates (only soldiers I would guess) will give him a hard time for refusing to serve?

Does he have to report this conviction on job applications one day?

I'm wondering what the down sides are. If he's okay with what he's done, it sounds like a good outcome. I guess he loses some benefits with such a discharge?

[tomg]

6. No offense, but this

is not what being a CO is about. It is a case of conscience, not upside and downside. Some background on Sgt. Benderman might help.

"He served honorably for 10 years in the infantry, including six months in Iraq in 2003. Benderman has written that during that time, he received orders to shoot a number of children if they played too close to the soldiers and to withhold medication from a severely burned child. He routinely saw Iraqi civilians drinking water out of mud puddles, saw homes destroyed but not restored, all as a part of the war." http://www.ajc.com/opinion/content/opinion/0805/10edbenderman.html

[newyawker99]

12. Hi Jbonkowski70!!

Welcome to DU!! :toast:

[Fescue4u]

4. Better to spend 15 months dodging ass Rape

than to spend 24 months dodging bullets.

[G_j]

5. so far you folks are missing the point

Benderman didn't do this to save or protect his own ass. He did it for the greater good of all.

read further..

[Catrina]

7. Thank you G_J

Great OP. Kevin is a hero who refused to participate in the war in Iraq after having been there and seen what was happening.

He applied for CO status, but to date, because of military obstruction, has not had a hearing, to my knowledge.

He spoke out publicly about what he saw there ~ in retaliation, the military trumped up charges against him, such was larceny and desertion. The judge threw out the phony charges leaving only the 'missing movement' charge.

As I understand it the 15 months sentence is extraordinarly long for such a charge.

I have no idea what a military prison is like, but Kevin did not do this to avoid harm to himself. He did it because it was the right thing to do.

He is a person of great strength and character and imo, a true hero, the kind we rarely see in Washington, eg. :patriot:

[G_j]

8. absolutely, and those who have been inspired by Cindy

could do well by learning these stories. We especially need to support people who stand up the way Kevin has.

[Catrina]

13. G_j Cindy herself said she was inspired by him

She mentioned him in the speech at the VAIW rally where she made her decision to go to Crawford ~

I know he has a way to go and while there will need much support. People who stand up as he has, and Cindy, deserve our thanks for taking our place in doing the really hard stuff ~

I hope in the future we will see people with their fortitude and purity of spirit in our government. Until then, I thank them, Pablo Paredes and Kevin, Cindy and all the others who not only spoke out, but took the consequences of their convictions.

[G_j]

23. I noticed Aidan Delgado was at the press conference w/ Cindy today

btw, just got back from our local (Asheville NC) candle light vigil. We did a head count and got 265, but it seemed more arrived after that. Good turn out!

[tomg]

9. kick

[Lone_Star_Dem]

10. My heart and my support go out to Kevin

He's taking a stand for something that many like to talk pretty about, but this man is actually walking the walk. :patriot:

[LiberalEconomist]

11. Look Ma! A real hero!

I wonder how much jail time I would get for hiding this gentleman in my house. Any guesses?

[Mnemosyne]

14. And I just read that a soldier convicted of MURDER

in Iraq was given a 1 year sentence, minus time served.

How could this be right in any universe?

Hang tight Bendermans! You did the right thing.

[Just Me]

25. Oh, this is clearly a travesty,...being punished for being a CO.

That's what they did to Kevin,...retaliated by filing trumped up charges against him. It's sad,...and completely unjust.

[Mnemosyne]

27. Something has to give soon,

it just has to.

[Sgent]

15. Explain to me...

If he was a CO, why did he join up, or renew his enlistment? Is he being kept against his will? (reserve)

I don't really have a lot of support for a career soldier who objects to deploying with his unit -- especially one who has reupped multiple times. Its not a huge secret what happened in Vietnam, and the right thing to do would have been to left the army.

[Catrina]

16. He didn't object to deploying

initially. He went to Iraq. While there he was given orders to do things which were both immoral and illegal. He refused those orders. He saw things that he knew were wrong and spoke out about them. After his experience there, he refused to return.

He has explained why he asked for CO status, he came to believe that war was wrong.

The war itself being illegal, he could have used that as a defense, imo. But it was his conscience that forbade him from further participating in war as a means of resolving issues and that was what he truthfully told the military.

Pablo Paredes won his case essentially, based on the war being illegal. His defense was not a matter of conscience, but rather legality. The judge ruled that he was correct. But Kevin told the truth and I admire him for that. He might have fared better had he used the same defense as Pablo Paredes.

[Sgent]

17. Thanks for the clarification

I'll give him a pass then :).

I have other problems. Like why is he forbidden from following an illegal order, yet can be shot for not following it. As well as if Pablo was ordered to follow an illegal order, and didn't, was the rest of his unit arrested for following it?

This whole idea that enlisted personel are not supposed to follow an illegal order to me is just a little too convienient.

That being said, the solution to that problem is "over his payscale".

[Catrina]

21. You're welcome :-)

Those are good questions, Sgent. I know that a soldier, according to the Geneva Conventions, and by our own laws, should not follow illegal orders. But in reality, I imagine what's legal is determined by superior officers in the field and that it happens very quickly.

That's what makes it so difficult for a soldier, who knows an order may not be legal, but, as you say, could be shot when on the battlefield, if he refuses to follow it. I imagine that might by the cause of many soldiers, who once they are home, suffer so much emotionally.

I read recently about a returning soldier from Iraq who talked about that. Not that he was given an illegal order, but that he had so much respect for life, and his religion forbade him from taking a life, he feared that he had lost 'my immortal soul'. He had to shoot three insurgents in a battle, when his friend was pinned under the humvee they had been driving. He was questioning whether it would have been better not to have done so, and was in therapy trying to deal with it.

Regarding Pablo Paredes' case. As I recall, the judge asked the prosecutor if the Vietnam war and the War in the Balkans were illegal. The prosecutor apparently said 'yes'. The judge then said that he had no choice then but to find that Pablo Paredes was correct. I'm not sure why that was an important question, or why the prosecutor answered 'yes'. But that is what I recall reading. I should read the decision again.

War is cruel, and should only be entered into when a country has to defend itself.

[G_j]

31. kick

[frictionlessO]

18. I can't believe this isn't on the greatest page! He is a hero!

He's even posted here on DU....

Come on and nom this with me, pretty please.

Kevin I am soooo sorry, you deserve empathy and encouragement not prison.

[Clintmax]

30. I consider him a hero as well!

He had the balls to stand up to chimpyboys goons. I salute you!

[Mr_Spock]

19. Better than being dead

Those fuckers can kiss his ass.

[FreedomAngel82]

20. I hope he and his wife make it through okay

And they don't do any torture. Is he going to a regular prison or a special one? I'm sorry to hear this. :cry: Why isn't the SOB being impeached?! He's the one who did all of this!

[Catrina]

22. He is in the prison

at Fort Lewis, I believe ~ people can write to him at his website and his wife, Monica, will let him know that people are thinking of him.

www.bendermandefense.com

Also, there have been requests to write to his chain of command to ask that he be released and given a CO hearing which is what he wanted. I'm not sure if those addresses are on the site, I'm rushing so I haven't checked it ~ if not, I can post them in a while!

He is a hero. George Bush went AWOL. There is a 40 year statute of limitations on charging someone with desertion, I found out recently. Not one soldier should be prosecuted for this as long as their CIC is not asked to explain his absence, imo.

So I agree with you completely, Freedomangel82 and share your sadness at this injustice :cry:

[Lisa]

24. I'm sure this isn't the only punishment they'll hand him ...

One of the returned soldiers told me that it's routine for troops who ask too many questions or are perceived to "make trouble" to be docked pay, or made to do the nastiest jobs. When there's a family at home counting on the money, they get punished too.

[Amonester]

26. If they do that to him, the entire world will know... (re: AI)

But of course, the entire world should also know about every victim of these obvious abuses of power.

[G_j]

28. kick

[G_j]

29. ==