Robert Bales
The Army says it will seek the death penalty against the soldier accused of massacring 16 Afghan villagers during pre-dawn raids in March. (AP Photo/file)

Army seeks death penalty against Sgt. Bales in Afghan massacre case

December 19, 2012 @ 10:04 am (Updated: 7:04 am - 12/20/12 )

The lawyer for the JBLM soldier accused of the massacre of 16 Afghan villagers calls the Army's decision to seek the death penalty "totally irresponsible."

The U.S. Army said Wednesday it will seek the death penalty against Staff Sgt. Robert Bales, 39, who faces premeditated murder and other charges in the attack on two villages in southern Afghanistan.

The slayings drew such angry protests that the U.S. temporarily halted combat operations in Afghanistan, and it was three weeks before American investigators could reach the crime scenes.

"We think the Army is trying to escape responsibility for the decision to send Sgt. Bales to Afghanistan for his fourth deployment," Bales attorney John Henry Browne said at a press conference at his Seattle office.

Prosecutors said Bales left his remote base in southern Afghanistan early on March 11, attacked one village, returned to the base, and then slipped away again to attack another nearby compound. Of the 16 people killed, nine were children.

No date has been set for his court martial, which will be held at Joint Base Lewis-McChord south of Seattle.

"He is disappointed but he understands the gravity of the situation and he's working with all of us to try to avoid the first military execution in 50 years," Brown said of Bales.

Bales' wife, Kari Bales, said in a statement Wednesday that she and their children have been enjoying their weekend visits with Bales at Joint Base Lewis-McChord, and she hopes he receives an impartial trial.

All Americans, including my beloved husband, are and must be presumed innocent unless and until proven guilty after receiving a fair trial. I have said from the start that I want my Bob to have a fair trial. After all, this is America and that's what due process is all about.

My husband is an American soldier. He is a citizen of the USA, and he is very much loved by me and by our children. I am so happy that my children and I can visit Bob every weekend and that for a few hours I can see and feel the love that flows between my children and their father. Whatever else is going on in the world, I am blessed by our weekend visits.

Bales' defense team has said the government's case is incomplete, and outside experts have said a key issue going forward will be to determine if Bales suffered from post-traumatic stress disorder. Bales grew up in the Cincinnati suburb of Norwood, Ohio, and served tours of duty in Iraq and Afghanistan.

"They should take responsibility for sending somebody to a high combat area who they knew had PTSD," Browne said.

During last month's preliminary hearing, prosecutors built a strong eyewitness case against the veteran soldier, with troops recounting how they saw Bales return to the base alone, covered in blood.

Afghan witnesses questioned via a video link from a forward operating base near Kandahar City described the horror of that night. A teenage boy recalled how the gunman kept firing as children scrambled, yelling: "We are children! We are children!" A young girl in a bright headscarf recalled hiding behind her father as he was shot to death.

An Army criminal investigations command special agent testified earlier that Bales tested positive for steroids three days after the killings, and other soldiers testified that Bales had been drinking the evening of the massacre.

Prosecutors, in asking for a court-martial trial, have pointed to statements Bales made after he was apprehended, saying his comments demonstrated a "clear memory of what he had done, and consciousness of wrongdoing."

Several soldiers testified at a hearing that Bales returned to the base alone just before dawn, covered in blood, and that he made incriminating statements such as, "I thought I was doing the right thing."

The U.S. military has not executed anyone since 1961. There are five men currently facing military death sentences, all for murders committed stateside. Nidal Hasan, charged in the 2009 rampage that killed 13 and wounded more than two dozen others at Fort Hood in Texas, also could face the death penalty if convicted; no date has been set for his court martial.

For Bales to face execution, the court martial jury must unanimously find him guilty of premeditated murder; that at least one aggravating factor applies, such as multiple or child victims; and that the aggravating factor substantially outweighs any extenuating or mitigating circumstances.

The Associated Press contributed to this report.

More Local News
Top Stories

  • Heartstopping
    Daredevils post breathtaking pictures atop Seattle landmarks

  • Snowy Passes
    Escape cold Seattle; go skiing at Crystal Mountain

  • Dirty Wars
    Director Jeremy Scahill says Obama hasn't been fighting a clean war
MyNorthwest.com - Purpose of Comments statement
Bonneville Media encourages site users to express their opinions by posting comments. Our goal is to maintain a civil dialogue in which readers feel comfortable. At times, the comments can descend to personal attacks. Please do not engage in such behavior. We encourage your thoughtful comments which: have a positive and constructive tone, are on topic, are respectful toward others and their opinions. Bonneville reserves the right to remove comments which do not conform to these criteria.

Comments (11)


  • Add A Comment

  • GloScot wrote...
    Good.
    December 19, 2012 10:00 am
    He should be put to death. Now if we can just do the same to the Fort Hood shooter. Sadly, probably won't happen, though. The military reserves the harshest punishments for enlisted, not officers. That being said, if Bales did it, he deserves to be executed.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • ten4goodbuddy wrote...
    Kill him
    December 19, 2012 12:06 pm
    Be done with it. I love how his wife approaches this. Well, as long as he is loved by you, then everything is good to go! What about the families who don't get to see the love that was there between them and their family members because your husband took that away? Disgrace to the USA, disgrace to the military.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • CH wrote...
    Let me see - who sent the troops to war? . . . .
    December 19, 2012 3:48 pm
    if the cowboy did not 'LETS ROLL' this would not be story. At least 132,000 civilians have died from 10 years of war in Iraq and Afghanistan, according to a new study by Brown university. And that’s a conservative estimate. For what? WMD's keep looking.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • ron prevost wrote...
    And - who all else?
    December 19, 2012 4:59 pm
    Let's start with Ex. Pres. Bill Clinton and Sen. Hillery Clinton. ... Then add the British government and everyone else who believed Saddam had WMDs. They all joined in, as well as overwhelming majorities in the House and Senate.

    I'm no fan of Boy George, BUT ...... Saddam claimed all those weapons, especially gas. The whole world believed and only after well over ran Baghdad did we discover he was lying.

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • allchik wrote...
    Good? Kill him?
    December 19, 2012 4:25 pm
    Where is the forgivness? "What about the families who don't get to see the love that was there between them and their family members because your husband took that away?" Ok so what is done is done... yes it horrific and un imaginable but good? Kill him? oh ok so its okay to take another life and leave yet some other kids fatherless? Tough Case but dang Forgive and punish! but how does a death for a death ever fix anything? People get so angry and forget the even the bad guy has family that loves and needs him. After all HE has worked hard to keep u safe here stateside. He snapped, I'm sure he's seen his share of things... get him some mental health help!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • ron prevost wrote...
    The only thing killing him would do is blemish JHB's record.
    December 19, 2012 5:02 pm
    Not worth it.

    Just lock him up forever. ... And let him 'enjoy' an 8x10 cell 23 hours each day.

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Derrol_o wrote...
    allchik
    December 19, 2012 7:08 pm
    So is it ok for me to go kill someone and then just expect to get some mental health help? "People forget that even the bad guy has family that loves and needs him". I notice you failed to mention that the people he killed were loved and needed too. If we take the "forgive and forget" approach to something like this then should we have done the same for say, Rudolph Hoss, who oversaw the extermination of over a milliion jews? At least Hoss was a good family man, who had his children who loved him so should Hoss have been spared and forgiven for his crimes? And just because the 16 people (and 9 children) Bales allegedly massacred weren't his own family, his own blood, that doesn't mean they are any less human or have any less right to live. If massacring 9 children isn't a death penalty offense, I don't know what is. It's the lowest, most contemptible, most despicable act a person can do.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • CH wrote...
    Inspector: Iraq had no WMD before invasion . . . .
    December 20, 2012 6:04 am
    Contrary to prewar statements by President Bush and top administration officials, Saddam "did not have chemical and biological stockpiles" when the war began and his nuclear capabilities were deteriorating, not advancing, said Charles Duelfer, head of the Iraq Survey Group. Let's start with Ex. Pres. Bill Clinton and Sen. Hillery Clinton. ...? what are you talking about? Ron time for a time out from Fox News. Even daddy Bush told his off spring(the one that did drugs) not to do it. Her name is Hillary not Hillery.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • It's me! Ha ha! wrote...
    Bush is no longer in office. This happened under your Dear Leaders watch ch.
    December 20, 2012 7:00 am
    I remember your Dear Leader telling us that we would be out of the ME by now. What happened, ch? We are still there. How much is this ObamaWar costing us Americans today?
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • ron prevost wrote...
    Sen, Clinton voted FOR Bush's invasion. - regardless of how her first name is speller (Mr. Lawn?)
    December 20, 2012 7:06 am
    And regardless of that any inspectors said, Saddam himself claimed to have the WMDs. Hindsight is a great way to judge history, but it's not available until after the fact.

    Regardless, I didn't think an invasion was necessary - and once done, we should have left Iraq right after they pulled down that statue. ............ But, please, it wasn't BUSH lying to us. It was Saddam.

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • mnpat wrote...
    stop trying your case in the media....
    December 20, 2012 7:38 am
    And media, let's wait till we have a verdict and then you can go wild.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • { "Thumbs Up":"1","Thumbs Down":"-1" }