Soldier charged in Iraqi slayings wants case in military court

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http://www.chron.com/disp/story.mpl/ap/tx/5546324.html

LOUISVILLE, Ky. — Lawyers for a former Army private charged with raping a 14-year-old Iraqi girl and murdering her and her family asked a judge Friday to dismiss federal charges, saying he should be prosecuted in a military court.

The attorneys argue that the government doesn't have the authority to prosecute former Pfc. Steven D. Green in civilian court for acts committed in a war zone. Green grew up in Midland, Texas.

"Simply put, the government had no civilian jurisdiction over Pfc. Green when the offenses at issue were committed," the motion filed by Federal Public Defender Scott Wendelsdorf and other defense attorneys said.

Prosecutors have until March 7 to respond to the defense motions. Sandy Focken, a spokeswoman for the U.S. Attorney's Office in Louisville, referred calls to the U.S. Justice Department in Washington. A message left there Friday was not immediately returned. snip

The Military Extraterritorial Jurisdiction Act allows prosecutors to try military personnel in federal court if they are no longer in the service and charged for a crime punishable by at least a year in prison. Green offered to re-enlist in the Army and face a court-martial for the rape and murder, but was turned down, defense attorneys said in the motion.