After Behenna's
Article 32 hearing, his family hired defense attorney Jack Zimmerman, a former United States Marine, military trial judge and Vietnam veteran. The prosecution, led by Captain Erwin Roberts, made its opening statements on February 23, 2009. The prosecution's two principal witnesses were Iraqi interpreter "Harry" and Staff Sergeant Warner. Warner struck a
plea bargain with the prosecution where he agreed to plead guilty to assault, maltreatment of a subordinate and making a false statement in exchange for not being charged with premeditated murder and for his future testimony against Behenna. The defense contended that Behenna was under an acute stress disorder as a result of the attacks on his platoon and that during the shooting he had acted in self-defense after Mansur lunged at him. After less than three and a half hours of deliberation, the jury came back finding Behenna not guilty of making a false declaration and premeditated murder, but guilty of
UCMJ Article 118, unpremeditated murder and sentenced to 25 years' confinement. After learning that the prosecution had not passed on his information, MacDonnell also signed several motions for mistrial. After reviewing the defense's initial motion, a military judge declined to declare a mistrial, but a military panel reviewed the case and decided to reduce Behenna's sentence to 20 years. After the Behenna family appealed to the Army's Clemency and Parole Board, Michael Behenna's sentence was again reduced, this time to 15 years. His second clemency request was denied in December 2010. On February 12, 2014, another request for clemency was denied, but Behenna was granted parole and released on March 14, 2014, after serving less than five years of his sentence. On May 6, 2019, Behenna was granted a full
pardon by
U.S. President Donald Trump. ==See also==