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Legal news from Saturday, August 4, 2007




US Army soldier convicted in Mahmudiya rape-murder case
Michael Sung on August 4, 2007 10:50 AM ET

[JURIST] A US military jury on Friday convicted Pfc. Jesse Spielman of four counts of felony murder, rape, conspiracy to commit rape, and housebreaking with intent to commit rape for his role in the March 2006 rape and murder of a 14-year old Iraqi girl [JURIST news archive] and the murder of her family in Mahmudiya (also "Mahmoudiya"). Spielman, who prosecutors say acted as a lookout during the attack, entered guilty pleas [JURIST report] Monday to lessor charges of conspiracy to obstruct justice, arson, wrongfully touching a corpse, and consuming alcohol. Spielman faces a mandatory life sentence and the military jury will decide whether Spielman should be eligible for parole.

Three of the four soldiers [JURIST report] directly involved in the attack have pleaded guilty. Spc. James P. Barker and Sgt. Paul E. Cortez [JURIST reports] received prison sentences of 90 and 100 years respectively after pleading guilty to rape and murder. Pfc. Bryan L. Howard, who stayed at the soldiers' checkpoint but had prior knowledge of the plan, was sentenced to 27-months after pleading guilty [JURIST report] in March to conspiracy to commit rape and premeditated murder and conspiracy to obstruct justice. The alleged ringleader in the attack, former Pfc. Steven D. Green [JURIST news archive], is currently facing federal charges [docket; JURIST report] because he was discharged from military service before the charges arose. Green, who has entered a not guilty plea [JURIST report], is accused of raping the girl and shooting the entire family. He faces the death penalty if convicted. AP has more.

8:16 PM ET - Spielman was sentenced Saturday to 110 years in prison. AP has more.






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Senate passes interim intelligence surveillance bill
Michael Sung on August 4, 2007 10:12 AM ET

[JURIST] The US Senate on Friday passed the Protect America Act 2007 [S 1927 materials], under which the Executive Branch would be given expanded surveillance authority for a period of six months while Congress worked on long-term legislation to "modernize" the Foreign Intelligence Surveillance Act (FISA) [text; JURIST news archive]. The bill establishes legal guidelines of how the United States can conduct surveillance against foreign nationals "reasonably believed to be outside the United States," and requires the director of national intelligence and the attorney general's authorization before surveillance against a specific target can begin. The surveillance will be subject to review by the Foreign Intelligence Surveillance Court [official backgrounder] within 120 days.

The US House of Representatives failed Friday to pass its version of the bill, which included a higher level of judicial scrutiny. President George W. Bush [official profile] thanked the Senate for "the hard work they did to find common ground," and urged the House to adopt a bill [press release] similar to the Senate version Saturday. Bush has threatened to veto [JURIST report] any legislation Director of National Intelligence Mike McConnell [official profile] thinks does not give the intelligence community what it "needs to prevent an attack on the country." AP has more.






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