United States v. Behenna
2012 CAAF LEXIS 736
| C.A.A.F. | 2012Background
- Guilty verdicts for unpremeditated murder and assault under UCMJ Articles 118, 128; sentence included dismissal and 20 years confinement; appellate court affirmed.
- Appellant Behenna deployed to Iraq; interrogated Ali Mansur based on intelligence linking Mansur to insurgent activity.
- Interrogation at a culvert involved stripping Mansur, pointing a loaded pistol, and threats to extract information; Mansur allegedly reached for the pistol.
- Defense experts testified Mansur stood during shooting; multiple witnesses described the events leading to two gunshots.
- Military judge gave self-defense instructions, including an escalation instruction that was later deemed erroneous but harmless.
- Brady dispute involved government failure to disclose exculpatory material (Dr. MacDonell) until after findings; court held error harmless beyond a reasonable doubt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the escalation/self-defense instruction error was prejudicial | Behenna contends erroneous guidance affected panel’s self-defense determinations | Government argues error was harmless because escalation not in issue | Harmless beyond a reasonable doubt; no prejudice to Behenna |
| Whether withdrawal/escalation concepts were in issue | Behenna asserts withdrawal/escalation should have guided the panel | Government contends no issue given evidence | Withdrawal/escalation not in issue; instructional error superfluous |
| Brady disclosure of exculpatory evidence | Behenna claims delayed disclosure prejudiced defense | Government argues no material prejudice given overlap with defense experts | No prejudice; materiality insufficient to affect findings or sentence |
Key Cases Cited
- Lewis v. United States, 65 M.J. 85 (C.A.A.F. 2007) (self-defense standard and escalation concepts)
- Stanley, 71 M.J. 60 (C.A.A.F. 2012) (requirement to instruct on self-defense when evidence exists)
- Behenna, 70 M.J. 521 (A.Ct.Crim.App. 2011) (collapse of findings review and evidentiary matters on self-defense)
- Schumacher, 70 M.J. 387 (C.A.A.F. 2011) (instructional error review and de novo standard)
- Cardwell, 15 M.J. 124 (C.M.A. 1983) (right to self-defense regaining when escalated by adversary)
- Kyles v. Whitley, 514 U.S. 419 (1995) (Brady materiality and harmless-error framework)