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David Stanley Ford

Family enlists support for jailed Edmond man
COURTSFiancee says not all evidence was allowed in trial over Iraqi’s death

JAY F. MARKS    Comments Comment on this article54
Published: July 11, 2009

Supporters of Edmond soldier Michael Behenna are amassing an online army to win him a new trial in the shooting death of an Iraqi detainee.

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More information about the case

Behenna, 26, is serving a 25-year prison sentence for unpremeditated murder, even though an expert witness hired by government prosecutors agreed Behenna’s version of the suspected terrorist’s May 2008 death fit evidence in the case. Behenna testified he shot Ali Mansour in self-defense.

Behenna’s family and others close to him insist he deserves a new trial so a jury can hear all of the evidence in the case.

"He deserves a new trial, and he was not given that,” fiancee Shannon Wahl said. "There clearly was an injustice here.”

Wahl and her father, David Wahl, created an online petition a few weeks ago to lobby Congress and the secretary of the Army to grant Behenna a new trial.

"This is a grassroots effort to bring attention to what we consider to be a cause worth fighting for,” the elder Wahl said. "We’re in it for the long haul.”

Shannon Wahl plans to send the petition when it gains 3,000 signatures, which should be soon. It had more than 2,800 Friday afternoon.

Shannon Wahl does a lot of social networking to draw people to the site. She and her father hope to amass 100,000 signatures, a goal she feels is realistic under the circumstances.

Shannon Wahl, who lives in California, said she constantly talks to people about Behenna’s case after they notice the rubber bracelet she wears or the magnets on her car.

She said she has given away more than 100 of the "Defend Michael” bracelets, part of a thousand or more passed out by his supporters.

Shannon Wahl said she has known Behenna since second grade, but they connected while attending the University of Central Oklahoma.

"I absolutely adore Michael,” she said.

David Wahl said he has grown close to Behenna.

"He’s a very impressive young man,” the Edmond resident said. "He’s a guy that I would want as a son.”

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David Stanley Ford



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Because when my wife brought home lunch from Sonic yesterday, the cheese-eating surrender monkeys had forgotten my Freedom Fries!
James, Norman - Jul 16, 2009 at 3:55 pm
James, why do you hate employees of fast food joints?
John, Norman - Jul 13, 2009 at 11:56 am
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Have you put on a uniform for anything other than flipping burgers, Ash?
James, Norman - Jul 12, 2009 at 3:40 am
Joe, I can partially agree with what you are saying, we do not know if the jury heard all of the information and we probably will never know. My point is directed towards people like jay who want to post things like "This guy was a douchebag in high school. karma bites him in the butt."
Ash, Oklahoma City - Jul 12, 2009 at 12:31 am
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Ash, I am not saying he got what he deserved, but a jury did make that decision. Further, I do not think you have to served in the role of a defendant in order to determine guilt (such as on a juror), but I do think it is unfair for anyone to either, a) pass judgment without being priviledged to all the information the jury had, or b) fault a jury that did hear all of the evidence.
Joe, Bugtussle - Jul 12, 2009 at 12:05 am
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I am just curious how many people want to sit here and say he got what he deserved has even put on a uniform for anything
Ash, Oklahoma City - Jul 11, 2009 at 11:53 pm
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Terrie, you are right. Most of us have not walked in Behenna's shoes so we can't judge him. However, those that convicted him HAVE walked in his shoes. Of all people that would understand what Behenna was facing, it was the very people that convicted him that knew best the situation he was in. I have no idea of the details of the trial, but it is up to the judge and the attorneys to ensure a fair trial. I suspect he got one. Our system is not perfect, but it is the best in the world. Let him appeal.
Joe, Bugtussle - Jul 11, 2009 at 11:40 pm
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you mean "too" right?
jeff, edmond - Jul 11, 2009 at 11:40 pm
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sounds like you are to Jay.
ZoZo, Souf Side - Jul 11, 2009 at 11:18 pm
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Better look again, Terrie. The power to declare war is vested in Congress. See Article I, Section 8, United States Constitution. The last time Congress declared war was on June 5, 1942.
James, Norman - Jul 11, 2009 at 11:10 pm
Remember American's, we are at war. It's dragged on and became a back burner topic. But our fathers, mothers, sisters, brothers, sons, and daughters are suiting up every day to defend the freedoms so many take for granted. Until you have walked in the shoes of Michael Behenna,we cannot judge his actions. Let ALL the evidence be made known and a fair trial be given. It's one of the most fundamental ideals this Country was founded on.
Terrie, Midwest City - Jul 11, 2009 at 10:51 pm
David, people get convicted on a daily basis based on testimony of people who cut deals. Should Michael's case be special? Check out this case some time: ////http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=448748//// The actual killer, a kid by the name of Justin Sneed, saved his skin by cutting a deal with Oklahoma County prosecutors and testified that Richard Glossip put him up to the killing. Based pretty much entirely on that testimony, Mr. Glossip is on death row. No trial is perfect, but Michael got to put on his evidence, the jury was well aware of the problems you identify with the eyewitness testimony, and I guarantee you that when soldiers judge fellow soldiers in cases such as this, they give defendants the benefit of reasonable doubt much more so than a cherry picked Oklahoma County hanging jury does, and they found him guilty.
James, Norman - Jul 11, 2009 at 10:48 pm
Moms will never understand what their sons are capable of.... I really thought he would get more than 25 years. I thought he would get life without parole. That's what he deserves.
UnSub, Yukon - Jul 11, 2009 at 10:29 pm
Most are posting that it was OK for Lt. Behenna to execute a naked man on his knees, begging for his life, and then burn his body. Most of you are the same people that think water boarding was cruel as a way to get information. How can you have it both ways?
UnSub, Yukon - Jul 11, 2009 at 10:22 pm
Chris, the Marines do in fact lean towards protecting the soldier in these types of cases. That does not appear to be the case with the Army whose conviction rate is much higher (and whose suicide rate is much higher.) I have my theories as to why that is the case, but they are just that - theories.
David, Edmond - Jul 11, 2009 at 10:15 pm
James, regarding the 'eyewitness testimony': The prosecution claimed to have two eyewitnesses upon which their entire case was built. The first eyewitness was an Iraqi interpreter who testified that he did not see what happened because it was dusk and he was 15 meters away and looking at Lt Behenna. The second eyewitness was the sargent the prosecutors also charged with premeditated murder, but cut a deal with him if he testified against Michael. On the stand he stated that he did not read the stipulation which was prepared by the lead prosecutor, but only signed it. He testified (following along the lines of what the prepared stipulation had said) that he was 50 meters away in 120 lbs of gear at dusk in the sand while relieving himself when he heard the first shot, but was able to cover the 50 meters / 150 feet (again in full gear in the dark in the sand) to see the second shot 1.7 seconds later. It was evidently based upon this 'eyewitness testimony' that Michael was convicted. It should also be noted that during the trial the judge informed the jury that expert testimony is not as credible as eyewitness testimony.
David, Edmond - Jul 11, 2009 at 10:08 pm
Well said, Chris.
James, Norman - Jul 11, 2009 at 10:00 pm
In my opinion the military courts lean towards protecting the soldier in these types of cases. The fact they convicted him indicates he crossed the line. Period. If we act like terrorists then we are no better than they are.
Chris, Warr Acres - Jul 11, 2009 at 9:24 pm
I don't know enough to have any opinion about the justness of the verdict. I assume there will be an appeal through the military system. But I object to the idea of trying to influence judicial decisions through petitions which in any case are unlikely to have an effect. This is not a political matter.
Mike - Jul 11, 2009 at 9:17 pm
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If combatants are killed or there is any colateral damage So what ???
If a person is killed by Drone or execution style who cares ???
We are at war wimps !!!
They do not play by the rules and neither should we...to win a war you must be as treacherous and blackhearted as the enemy...it is all they understand...Case in Point...the Japanese...they have all wanted to be friends since the Bomb was dropped....No one was ever more Ruthless and they came around...slowly... but they DID come around...It is hard to fight a war with your hair on fire.
SCREW THEM !!!
kenneth, apo - Jul 11, 2009 at 8:58 pm
The way I read this, all those pesky redcoats and Hessians were well within their rights killing the rebels and colonists 230 years ago or so right ?
mister, bogata - Jul 11, 2009 at 8:56 pm
What is the status of the enlisted guy from Braggs who pled guilty to setting the guy on fire after he was shot???? Is he up for a new hearing, etc.???
g, oklahoma city - Jul 11, 2009 at 8:53 pm
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What, precisely, was unfair about the trial? And what evidence wasn't heard? The jury heard expert testimony to the effect that Mansur was standing, which was flatly contradicted by eyewitness testimony, and they rejected it. Behenna just wants a jury to hear the prosecution's witness say the same thing his own expert already told them. I'm sure he thinks it would have been more credible coming from a prosecution witness, but that doesn't make it "new" evidence that the jury didn't get to hear. This soldier stripped an unarmed detainee naked, shot him in the head and chest, and set him on fire. That is a textbook case of murder. The relevant question is not whether Mansur was innocent, but whether Behenna is, and the evidence plainly shows that he is not. The jury obviously took into account the fact that Mansur had killed members of his platoon, including his best friend, and decided to convict him of a lesser charge of unpremeditated murder (sounds like Oklahoma's "heat of passion" manslaughter). Sounds fair to me.
James, Norman - Jul 11, 2009 at 7:27 pm
Scott, you certainly have your right to your opinion as to whether this was a fair trial (thanks for soldiers who defend this right.) But you were not at the trial. I was. I would not want any person's fate to be handled by the system I witnessed. In my opinion it was anything but a fair trial. And that in the end is all we ask...for a fair trial.
David, Edmond - Jul 11, 2009 at 6:46 pm
The detainee (Mansur) who was killed was a member of the local insurgency and was determined by the military to be responsible for blowing up Michael's platoon (killing two American soldiers and two Iraqi soldiers) with an IED in an attack that blew an MRAP 50 feet off the road. Michael escaped injury, but found his Sargent (and best friend) literally in two pieces. Soldiers attending the trial told me personally that the Army issued a kill/capture sheet on Mansur three days after his death (Intel did not know he was already dead.) There are innocents killed in war, but this wasn't one of them.
David, Edmond - Jul 11, 2009 at 6:42 pm
David, it is also AWESOME that you view certain portions of the military in an unhonorable way.
Scott, Okc - Jul 11, 2009 at 6:37 pm
David, they already had a FAIR trial in front of a military judge. What you are wanting is for his actions to be justified, which they are not.
Scott, Okc - Jul 11, 2009 at 6:36 pm
The only thing the family is asking for is a fair trial where ALL the evidence is heard. It is a fact that the prosecution did not allow their own expert witness to testify because his testimony would have collaborated Michael's story (they sent him home); thus the panel that later convicted Michael did not get to hear this evidence. If after hearing all the evidence the same verdict is returned then Michael and his family will live with that. But to have a young man who laid his life on the line seven days a week in the backstreets of Iraq (not on some big Army base where military prosecutors drink their Starbucks coffee and read the papers) for freedoms we all take for granted to not receive a fair trial is an injustice of the worst kind. To all fair minded people, this is a cause worth fighting for.
David, Edmond - Jul 11, 2009 at 6:34 pm
Willis...I agree that if he pulled the trigger on an innocent civilian, then he should be punished. What was hadji doing when he was confronted by this soldier, was hadji linked to any violent extremist groups, etc...this also needs to be considered. It is sad that a soldier who defends our country receives 25 years for premeditated manslaughter, but average thugs on the streets of america would receive less punishment, particularly if they were first time offenders. SAD.
Jonathon, Oklahoma City - Jul 11, 2009 at 6:31 pm
After reading the JAG blog my thoughts have changed. However, good luck Behenna.
citizen, Edmond - Jul 11, 2009 at 6:27 pm
citizen, that is a good question. I am not a lawyer, so I can not answer this question. I have never been in charge of a drone, so I also do not know what they see.
Scott, Okc - Jul 11, 2009 at 6:07 pm
The courts marshall will stand. I think an appeal would be warranted. Then if the conviction stands, leave it alone. Why wasn't the alledged injustice spelled out in this article? What are the reasons for wanting a new trial? Just because dear old mom and dad think their precious little boy could never snap and pull the trigger on a hadji, is no reason to doubt a military court. Stupid and cruel things are done in war. If this man did a wrong thing by capping a hadji, then he should be made to take the punishment...
willis, oklahoma city - Jul 11, 2009 at 6:07 pm
Michael, served 4 years honoarably. It is sad that you have to equate service with the code of the law. So according to you, since I have served my country did I have the right to kill people and not get brought up on charges by the UCMJ?
Scott, Okc - Jul 11, 2009 at 6:05 pm
Scott, Okc - Jul 11, 2009 at 5:40 pm: Then how is it that a controller of a remote controlled drone, fires missiles that kill non-combatants? Are the controllers charged and tried by a General Court martial?
citizen, Edmond - Jul 11, 2009 at 6:04 pm
Hey Scott, go to HELL! You obviously have never served your country in the military. We send these people over to fight for freedom, then look what happens. These are terrorists that hate us and want to kill us everyday! Now this guy is behind bars, bullshit!
Michael, El Reno - Jul 11, 2009 at 6:02 pm
Scott is right.. its an ashame isnt it.
Chris, Edmond - Jul 11, 2009 at 6:02 pm
Kelly, I agree with you. The troubling part is that the portion of the country that we live in wants more years like the Bush years.
Scott, Okc - Jul 11, 2009 at 5:53 pm
He was convicted by a military court. http://jaglaw.wordpress.com/category/michael-behenna/

I am standing behind the military on this one.
Scott, Okc - Jul 11, 2009 at 5:51 pm
The Us Government help support the fanaticism by offering cash rewards of killed family members. My best friend has volunteered three times for duty over there and he says it is insane how that culture catered to roadside bombing and killings in their communities. It meant cash for them. All I am saying is it is easy for anybody to have hindsight and say oh that is wrong. But I assure you that the view of the United States was not tarnished by this soldier's actions. We are tarnished because of secret prisons, Camp X-Ray, waterboarding and all other types of torture. Do not think I do not understand how the world views us but I can promise the reason why we are viewed as bad people is because of the leadership of the country.....George W. Bush. That is not my opinion, it is the opinion of the world. You asked if anybody is above the law??????? When your president snubs the law and treaties of the world then you put your soldiers in harms way. This will be my last response. If anybody wants to slam me go ahead but after serving in the military and having close family and friends serving in the military I can only offer my opinion and I do not want to get into a political debate.
kelly, mustang - Jul 11, 2009 at 5:51 pm
Kelly, so how would you view the United States? I have no problem in this guy getting another FAIR trial, but when that goes as the first one did, I hope you will come to some understanding that no one is above the law.
Scott, Okc - Jul 11, 2009 at 5:40 pm
To read more about this case go to www.defendmichael.com.
David, Edmond - Jul 11, 2009 at 5:36 pm
He never should have been there. When you sign up to defend the country you should have the government supporting you while you are there and when you get back. I knwo there were bad things done by US soldiers but when they are dropped into a country of religous fanatics where they behead people I say screw them.
kelly, mustang - Jul 11, 2009 at 5:35 pm
This young man has been railroaded by the very country he attempted to protect...It is such a sad day for veterans and especially the men and women who are now in harms way....We live in a sick time...our leaders, most of whom probably have never served, make all of this possible. What a bunch of scumbags.
P.S. Military trials are anything but fair.
It is possible for instance, that and officer can be your Judge Prosecutor and Defense in lower grade court martials.
This Hero/Soldier should be given a medal, a cash award and a vacation
and thanks from a grateful nation !!!
kenneth, apo - Jul 11, 2009 at 5:33 pm
I think it is a sad state when people who kill innocent civilians, in Blackwater, are above the law while this soldier doesn't get the same treatement. I guess both political parties are in agreement, corporations are of more imporatance then people. Why else would there be corporate welfare, and the ability for companies not to get punished for killing innocent people.
Scott, Okc - Jul 11, 2009 at 5:23 pm
There are more bad judges these days it seems. Everyone blames DHS for putting kids back in harms way but it is the Judge that sends them home. Why aren't Judges punished for their bad judgement. God will judge them when their time comes. That big paycheck won't keep them out of Hell.
C, c-town - Jul 11, 2009 at 4:49 pm
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Edith: To the right of the article is a list of links. The very first one is the petition and the last one is the web site.
Mark, Edmond - Jul 11, 2009 at 4:36 pm
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Every person in this county has the right to a fair trial. If Mr. Behenna was not given one, he, at the very least, deserves a new one. It would be a miscarriage of justice to deny him that.
Mark, Edmond - Jul 11, 2009 at 4:34 pm
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Did I miss something? The article's main topic is the website that was created to support the soldier. What is the website address? I have heard Michael's mother tell of the injustice in this trial, and she speaks from the viewpoint as a lawyer. She knows what she is speaking about!!
Edith Ruth, Midwest City - Jul 11, 2009 at 4:33 pm
BTW. Why is Congress fighting over a tribute to Jackson when Congress should investigate why Michael Behenna was charged with the crime and tried?
citizen, Edmond - Jul 11, 2009 at 4:33 pm
“…sentence for unpremeditated murder, even though an expert witness hired by government prosecutors agreed Behenna’s version of the suspected terrorist’s May 2008 death fit evidence in the case. Behenna testified he shot Ali Mansour in self-defense”. A new trial is warranted and an investigation as to why he was tried in the first place is indicated.
citizen, Edmond - Jul 11, 2009 at 4:28 pm
This is so wrong. Free Lt. Behenna now and to h*ll with a new trial, he should never have been charged in the first place.
Earl, Oklahoma City - Jul 11, 2009 at 3:58 pm
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This is your government at work. We say go fight and they fight and are called murders. Where is and was George Bush during this? Nowhere to be found, where is BO? Nowhere to be found. Cowards. Where are the represantatives and Senators of Oklahoma? The evidence points to this young man being a patsy for the evil NWO politicians we have in office and there are a bunch of the evil doers.
Terry, Norman - Jul 11, 2009 at 1:48 pm
We send our citizens off to war, where they encounter house to house fighting, roadside bombs and explosives straped to human bodies. Where terrorism is a way of life. Then we charge them with murder when they defend themselves from that terrorism. After which the court ignored the expert witness hired by the prosecution, who stated the GI's version of the shooting fit the evidence in the case as being self defense. People die in WAR....LIFE & DEATH decisions are made in seconds.
Self Preservation--EQUALS--Self Defense. It's WHAT'S right, not WHO'S right.
tom, yukon - Jul 11, 2009 at 7:49 am
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