Witness: Sgt. seen with pistol before killings

[unhappycamper]

Witness: Sgt. seen with pistol before killings
By George Frey - The Associated Press
Posted : Wednesday Feb 18, 2009 15:09:07 EST

VILSECK, Germany — A key witness in the murder trial of a U.S. soldier accused of involvement in the execution-style killings of four Iraqi prisoners testified Wednesday that he saw the defendant walking toward the bound, blindfolded men with his pistol drawn before they were slain.

Staff Sgt. Jess Cunningham, 29, of Bakersfield, California, told the military court at the Army’s Rose Barracks that he was on the same patrol as Sgt. Michael Leahy Jr., 28, when the prisoners were bound, blindfolded, shot in the head and dumped in a Baghdad canal in 2007.

Leahy, of Lockport, Illinois, is charged with premeditated murder, conspiracy to commit premeditated murder and obstruction of justice. He has pleaded not guilty to all of the charges.

Cunningham, who had charges of conspiracy to commit premeditated murder dropped by the Army last week, testified that he was in his Humvee when approached by Leahy, Sgt. 1st Class Joseph Mayo, 27, and Master Sgt. John Hatley, 40.

Hatley then asked if they were ready to kill the prisoners, Cunningham testified. When Cunningham said he would not take part and thought it was wrong, the other three drew their pistols and walked along a canal to where the prisoners were.


Rest of article at: http://armytimes.com/news/2009/02/ap_leahy_court_martial_021809/%2e