- Associated Press - Tuesday, November 13, 2012

JOINT BASE LEWIS-McCHORD, Wash. — Army prosecutors on Tuesday asked an investigative officer to recommend a death penalty court-martial for an Army staff sergeant accused of killing 16 Afghan villagers in a predawn rampage, saying that Staff Sgt. Robert Bales committed “heinous and despicable crimes.”

Prosecutors made their closing arguments after a week of testimony in the preliminary hearing, known as an Article 32. Prosecutors say Bales, 39, slipped away from his remote base at Camp Belambay to attack two villages early on March 11. Among the dead were nine children.

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.

“Terrible, terrible things happened,” said Maj. Rob Stelle, the prosecutor who delivered closing arguments in the preliminary hearing. “That is clear.”


Stelle cited statements Bales made after he was apprehended, saying that they demonstrated “a clear memory of what he had done, and consciousness of wrong-doing.”

Several soldiers testified 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.”

An attorney for Bales argued there’s not enough information to move forward with the court-martial.

“There are a number of questions that have not been answered so far in this investigation,” attorney Emma Scanlan told the investigating officer overseeing the preliminary hearing.

Scanlan said that it’s still unknown what Bales‘ state of mind was the evening of the killings.

An Army criminal investigations command special agent had testified last week 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.

“We’ve heard that Sgt. Bales was lucid, coherent and responsive,” Scanlan said in her closing argument. “We don’t know what it means to be on alcohol, steroids and sleeping aids.”

The investigating officer said Tuesday that he would have a written recommendation by the end of the week, but that is just the start of the process. That recommendation goes next to the brigade command, and the ultimate decision would be made by the three-star general on the base. There’s no clear sense of how long that could take before a decision is reached on whether to proceed to court-martial.

If a court-martial takes place, it will be held at Joint Base Lewis-McChord, the Washington state base south of Seattle, and witnesses will be flown in from Afghanistan.

Bales faces 16 counts of premeditated murder and six counts of attempted murder. The preliminary hearing, which began Nov. 5, included nighttime sessions on Friday, Saturday and Sunday for the convenience of the Afghan witnesses. Bales did not testify.

The witnesses included a 7-year-old girl, who described how she hid behind her father when a gunman came to their village that night, how the stranger fired, and how her father died, cursing in pain and anger.

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