Soldier Gets 100 Years for Raping Iraqi Teen, Killing her Family

Sgt. Paul E. Cortez, of Barstow, California, pleaded guilty this week to four counts of felony murder, rape, and conspiracy to rape in a case that shocked the world. As part of his plea agreement, Cortez testified against the other soldiers who participated in the incident, which is considered to be one of the worst atrocities committed by U.S. military during the Iraqi war.

Cortez, 24, told the court that he and Pfc. Steven Green, Spc. James Barker, 24, Pfc. Jesse Spielman, 22, and Pfc. Bryan Howard, 19, conspired to rape 14-year-old Abeer Qassim al-Janabi last spring at her family’s home in Mahmoudiya. Barker pleaded guilty to rape and murder last November and has already been given a 90-year sentence in military prison. In his sworn statement, Barker said that while they were plotting the assault, the soldiers played cards and drank whiskey.

Green is accused of being the ringleader of the plot, and Cortez told the court that Green raped the girl before he did. Then, as the other soldiers watched, Green shot the girl’s sister, father, and mother before shooting the girl in the head. Cortez said the soldiers burned their own clothes, tried to burn the teenager’s body, and tossed the murder weapon into a canal.

Tears rolled down Cortez’s face as he stood before the judge and apologized for taking part in the gruesome scene. He said he had no explanation for why he was involved. "I still don’t have an answer," he told the court. "I don’t know why. I wish I hadn’t. The lives of four innocent people were taken. I want to apologize for all of the pain and suffering I have caused the al-Janabi family."

The military judge presiding over the hearing, Col. Stephen Henley, sentenced Cortez to life in prison without parole, which is the maximum sentence for the charges. But under the terms of the plea agreement Cortez will be eligible for parole in 10 years as long as he testifies against others charged in the case. Cortez was also given a dishonorable discharge from the military.

During the hearing, psychologist Charles Figley testified that the soldiers’ actions were probably fueled by the stress and trauma brought on by the war and fatigue of fighting. "It eats you up," Figley said. "It’s a horrible thing. This is not unique. We’ve seen this in other wars." Prosecutors dismissed the explanation, saying that stress was no excuse for the soldiers committing such atrocities upon civilians.

Five soldiers who served with Cortez also testified for the defense, speaking about the stresses they all endured while serving in Iraq. They described the hardships they all lived with, including the lack of running water, sleep deprivation, and constant fear of being ambushed. They also spoke about how shocked they were to learn of the charges against Cortez and the other soldiers from the 101st Airborne Division. "I just never would have seen it coming," said Staff Sgt. Tim Briggs, who has known Cortez for over five years.

Spielman and Howard are still awaiting courts-martial. Green was discharged from the military before being charged, so he will be prosecuted in a federal court in Kentucky.