THIS SOLDIER RISKED HIS LIFE FOR YOU, WILL YOU HELP SAVE HIS ?
PFC COREY CLAGETT  IS FIGHTING FOR HIS FREEDOM, HIS CAPTORS ARE OUR OWN MILITARY AND GOVERMENT. JOIN US AND HELP SET THIS SOLDIER FREE !!!!
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LETTERS WRITTEN ON COREY'S BEHALF , WILL YOU WRITE ONE? PLEASE FORWARD CLEMENCY LETTERS TO COREY'S ATTORNEY. HIS ADDRESS IS ON THIS SITE UNDER TAB COREY'S ATTORNEY...THANK YOU FOR YOUR SUPPORT!
Timothy C Parlatore  Writes
Dear Supporters:

I am representing Corey Clagett in his petition for clemency from the Army Clemency and Parole Board in early June. I am writing to inform you that we are currently preparing Corey’s petition, and we could really use your help.
The Army Clemency and Parole Board has the power to recommend clemency for certain individual’s based on the circumstances of their case. Any recommendation for clemency is sent to the Secretary of the Army for final approval.
In this case, we are requesting that Corey be released, and have his discharge status upgraded to a general discharge, so he can be sent to a VA hospital to receive the rehabilitating treatment he needs. I will be submitting Corey’s petition to the Army Clemency Board in mid May with a hearing scheduled June 3rd. I am hopeful that, with your words of support for Corey, the Clemency and Parole Board will be persuaded to recommend clemency.
While the focus of this submission will not be to contest the charges, you should know that I feel that Corey has an extremely persuasive case to bring before the Clemency Board.
At this juncture, it is helpful for those who wish to support Corey to write letters on Corey’s behalf to the Army Clemency and Parole Board. The goal is for people who support Corey’s clemency to write letters that express in simple but detailed terms why they believe Corey should be released. As such, I have put together some instructions to guide and assist you in writing a support letter on Corey’s behalf. I have included what I believe to be the best reasons for Corey’s clemency and I encourage you to adopt one of my theories and tell the board in your own words why this cause is important to you.
There are a number of considerations addressed below which are significant in connection with these letters. The important points are as follows:
1. The letter should be addressed but not sent to:
Chairman, Army Clemency and Parole Board
1901 South Bell Street
Arlington, VA 22202-4508


Letters should either be delivered or sent to:
Timothy C. Parlatore, Esq.
Law Offices of Eric Franz, PLLC
747 Third Ave., 20th Floor
New York, NY 10017

The letters will be submitted to the Army Clemency and Parole Board along with other information pertinent to Corey’s case.
2. The beginning of the letter should indicate that you are writing the letter in connection with Corey Clagett’s petition for clemency. It is important to state this in the letter so that the Parole Board will understand that you know the situation and, nevertheless, are willing to put yourself on record for Corey.
3. The letter should briefly indicate who you are, what your occupation is, if any, and how you came to learn about this case.
4. In your letter, you may refer to Corey as “Corey,” “PFC Clagett,” or “Mr. Clagett.”
5. The letter should then indicate the reason Corey’s story has led you to write a support letter on his behalf. Tailoring your reason for support to one of my four arguments for Corey’s clemency will allow Corey’s petition to be coherent and persuasive. Here are the arguments I will make:
i. The punishment does not fit the crime. Corey was placed in a war zone. In this environment and under these circumstances, his crime should not be punished with nearly the same severity as would a murder committed outside a war zone. Therefore, Corey’s punishment of 18 years should be shortened to the 4 years he has already served in solitary confinement.

ii. The punishment should be structured to rehabilitate, not destroy, Corey’s psychological state. Like most soldiers who have gone to war, Corey suffers from post-traumatic stress disorder. Instead of receiving treatment, Corey has served his sentence in solitary confinement for the past four years. As such, we are requesting that Corey’s status be upgraded to General Discharge, so that he may be transferred from the prison to an inpatient psychiatric facility with the Veterans Affairs Hospital.

iii. Corey’s punishment is disproportionately harsher than those who were involved in the crime and those who have engaged in similar crimes. SSG Girouard, Corey’s immediate superior who ordered the killing, received a sentence of 10 years in confinement and is already out on parole. SPC Graber, a member of Corey’s squad who killed the third detainee, served a sentence of 9 months confinement, was retained in the service, and has since been promoted. Corey Clagett, the most junior of all those involved, received a sentence of 18 years and Dishonorable Discharge.

iv. Corey’s cooperation in the criminal prosecution deserves a substantial sentence reduction. Unlike civilian judges, military judges do not have the discretion to sentence defendants below the statutory minimum if defendant’s cooperated with authorities. That discretion rests solely with the convening authority and with the Army Clemency and Parole Board. The great weight of evidence shows a legislative intent to decrease sentences for cooperative defendants. In light of Congressional intent, and Corey’s open cooperation with the government in this matter, Corey’s sentence should be considered served.

With regard to the above arguments, I am not asking you to reargue these points to the board, for I will be articulating them in Corey’s petition. However, if any one of my arguments is the reason you decided to support Corey’s case, please explicitly state which argument and include details as to why that argument speaks personally to you.
6. It is very helpful for a letter like this to be written in your own words with details relating to your experiences in life. The Clemency and Parole Board receives letters all the time on behalf of petitioners that are one paragraph long and recite, in a conclusory way, that the writer thinks the defendant deserves clemency. Without having some details as to why the writer thinks Clemency is proper in this case, a Clemency and Parole Board has no basis to know whether such a letter really counts for anything or is simply a case of someone doing a favor for the defendant. A letter that speaks from the heart and from personal experience, with details of actual incidents, can be a valuable asset to the defendant. However, we have also prepared a sample form letter which you can use.
7. Finally, it is not necessary that the letter be typewritten. It can be handwritten but please make sure the Clemency and Parole Board can read your handwriting. If handwritten, please write on only one side of the page.
If you have any questions, please do not hesitate to call me at 212-355-2200.
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Letters of Support

Please MAIL your letter to Corey's attorney Tim Parlatore  By May 25th 2010 .They MUST BE HAND SIGNED !!!!

 

Timothy@efranzlaw.com -

 (212) 355-2200 - Work

 

Law Offices of Eric Franz, PLLC

747 Third Avenue

20th Floor

New York, NY 10017

www.efranzlaw.com

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 SAMPLE LETTER

 

 

W.T. Door

1 Main Street

Anytown, USA

 

Chairman, Army Clemency and Parole Board

1901 South Bell Street

Arlington, VA 22202-4508

 

Dear Members of the Clemency and Parole Board,

 

            I am writing to indicate my support for Corey Clagett’s in his upcoming clemency hearing on June 3, 2010. My name is W.T. Door and I am a musician from Anytown, USA. I learned about Corey’s case from listening to the Rick Amato radio show on KCBQ. Listening to the facts of Corey’s case, I felt that a grave injustice has taken place.  I believe in the arguments of Corey’s attorney, Tim Parlatore, and hope that you find them persuasive as well.

 

First, I believe the American justice system should not punish soldiers, fighting to protect the very sacredness of that system, in the same way it punishes those who commit heinous crimes here within our own borders. A killing in the midst of war is not the same as a premeditated murder in the United States and the punishment should reflect this difference.

 

Second, instead of being locked up, I believe Corey needs psychological treatment from the VA. Even though Corey committed a wrong, I feel strongly that the four years in solitary confinement he has already served is more than enough and he now deserves rehabilitating treatment.

 

Third, as I understand it, Corey’s sentence is much longer than those who committed the crime with him, specifically the man who ordered Corey to kill the Iraqi. This information came as a complete shock to me, how is that justice?

 

Finally, I believe that Corey should receive a lower sentence because he chose to cooperate with the Government. Corey’s cooperation showed me that he was taking responsibility for his actions.

 

            Thank you for giving me the chance to write on behalf of a cause I care deeply about. As an American, I hope that Corey’s clemency petition will be granted and that he will be released.

 

                                                                                                Sincerely,

 

                                                                                                W.T. Door

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April 28, 2010 

Chairman

Army Clemency and Parole Board

1901 South Bell Street

Arlington, VA 22202-4508 

c/o Timothy C. Parlatore, Esq.

Law Offices of Eric Franz, PLLC

747 Third Ave., 20th Floor

New York, NY 10017 
 

Dear Chairman: 

I am writing on behalf of Corey Clagett’s petition for clemency.  

I have recently heard of this situation, along with other similar situations because our oldest son (of 3 teenagers) recently joined the Air Force. I am not from a military family (my professional background is marketing and communications although FAMILY is and always has been my first priority.) Ever since, I have been very interested in learning more about the military and I came across a website where I learned about our soldiers like Corey being imprisoned for things that happen during war. 

I was horribly saddened and angry at our justice system when I read about Corey! My heart was breaking for someone I did not even know! I wanted to hug him and tell him everything would be all right! I was also very motivated to do something to help! I cannot even begin to imagine the pain and feeling of sheer hopelessness his family must be feeling. I don’t even know him or his family but I cried when I read about how his mother remembers Corey as a little boy playing with his toys on the floor nearby. This really brings to mind how important our children are to us as mothers. These young men are not only soldiers, but they are someone’s son, someone’s brother, someone’s dad, etc. They are precious in our eyes and always will be, no matter what mistakes/errors of judgment they may make. 

I feel that Corey’s punishment/sentence has been and is overly harsh considering this young inexperienced soldier was placed in a war zone. In this kind of situation – one of extreme stress and pressure -- his “crime” should not be judged with the same severity as a murder commited OUTSIDE a war zone. They are not the same thing.  

An 18 year prison sentence is almost as long as this young man has been on this earth! Child rapists get off much easier – and they have internet access in civilian prisons! Corey is not, in any way, comparable to these “hardened criminals” with no chance for rehabilitation. He is young, resilent, able to lead a full and productive life, IF given the chance.  

When I read about his solitary confinement, I didn’t cry, I SOBBED. Experts say the most CRUEL thing you can do to a person is to socially isolate them. This is TORTURE. Torturing prisoners or detainees is not allowed; why are we doing it to our own soldiers?! 

Are we or are we not a beacon of hope and light a country that is used as a model to show MERCY; that TORTURE is Al Quaeda’s way, not ours. 

God has forgiven Corey, the American public has forgiven Corey, it is time for the prosecutors to forgive Corey. 

Punishment for punishment’s sake does no one any good. It doesn’t help society, it doesn’t help Corey, it doesn’t help the family. Perhaps, most importantly, it will NOT UNDO what’s been done. It just causes more pain, more suffering in the world.  

Corey’s “sentence” should be to rehabilitate him, not to destroy this young man’s psychological state even further. To destroy one’s psychological state is something a Communist country would do – like Cuba, Iran, etc – not our country that is supposed to be FAIR AND JUST! To destroy one’s spirit is something medevil – from the dark ages, when people were not enlightened or educated.  

 FOUR YEARS of solitary confinement has probably broken Corey’s spirit. I would rather be DEAD than to suffer solitary confinement. In fact, I feel so strongly about this since hearing about this case, I have vowed to advocate for the dissolution of solitary confinement in the USA. Solitary confinement is cruel to do to animals, let alone human beings! It is NOT something that fits the morals and values of mercy in the United States of America. 

Corey has suffered enough – first from military operations and then post traumatic stress syndrome, which has been proven to affect judgment; and second, from solitary confinement! How can we expect our young men, who are not even experienced in life at all, to always know what to do, especially when they have been traumatized by the very places and situations our military has sent them. 

I PRAY TO GOD and ask that you please help this young man and most of all, he is not tortured with more imprisonment.  

I understand that Corey’s punishment is disproportionately harsher than those who were involved in this situation  and those who have been involved in similar military operation situations. Corey was the most junior of all those involved yet received the longest sentence and has been dishonorably discharged. This does not seem fair at all. Corey’s honesty and cooperation in the criminal prosecution deserves a substantial sentence reduction.  

Keeping in mind the suffering and torture this young man has endured for the past 4 years, his honesty and cooperation, please consider his sentence as served and release him so he may receive the psychological help he now so desperately needs. I’m sure this nightmare in Corey’s life was not a chapter he anticipated or desired when he volunteered to serve his country.  

After reading about these cases, I am now very worried about those I know who have personally joined the military, including our own son because of this kind of “justice system.” I am meeting with some other concerned military mothers about this very issue. If I had known about these kinds of cases, I would have asked my son not to volunteer to join. Fighting our wars overseas is not worth the risk of being imprisoned with harsh and cruel sentences if you make a mistake.  

I appreciate you listening to a nurturing mother who loves our American soldiers and supports them completely -- those young men (and women) who so bravely and valiantly fight for the very freedoms we sometimes TAKE AWAY FROM THEM when they make a mistake! Please do not allow Corey to waste one more day of his life in prison. These soldiers have guts and heart and that is what our country is ALL ABOUT. Thank God for the American soldier. He may not be perfect, but he is darn awesome. I CHERISH ALL OUR SOLDIERS.  

Sincerely,
B.A
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5/7/2010

 

Chairman, Army Clemency and Parole Board

1901 South Bell Street

Arlington, VA 22202-4508

 

 To Whom It May Concern,

 

I am writing you regarding Pfc Corey Clagett’s petition for Clemency.  I am a 46 year old information technology professional who while fueling my vehicle one day saw a magnetic sign about Pfc Clagett’s plight on the side of a car in the parking lot of the gas station.  I asked the young man sitting in the car about the case and came to find out that he was Joey Clagett, the brother of Pfc Clagett.  After discussing the case with him, I remembered hearing of the incident when it happened and how incensed I was at that time that we would be prosecuting our soldiers for doing their jobs.  I asked him how I could help and he told me that his grandmother was inside the store and that she could tell me more about how I could help.  He introduced me to her and the thing that stuck with me most about our conversation was her telling me in tears “I just hope I live long enough to see him get out of prison”.  This encounter prompted me to find out as much as I could about the incident and subsequently, to do what I could to help Pfc Clagett and his family.

 

My level of respect for you, Pfc Clagett and anyone with the courage and fortitude to do what I frankly didn’t have the audacity to do for my Country is immense.  My understanding of war on the other hand is non existent in comparison to that of those of you who have trained and given up your lives for the defense of our liberty.  With that said I believe that there should be two rules of engagement for war: 1. Stay alive and  2. Win.  Had we had this mentality of saving our enemy from our soldiers in WWI or WWII none of us would be speaking English and the United States and its Armed Forces would not exist. 

 

I believe that Pfc Clagett and his group acted heroically in the conditions that they were placed, ultimately by “We the People” and that his punishment is unjustified.  Had he been an Air Force pilot and dropped a smart bomb on these insurgents and killed them and potentially any civilians in the area, he would have been given a medal.  I believe that Pfc Clagett should be released from prison immediately and that his dishonorable discharge should be reduced to a general discharge. 

 

Thank you for your consideration of my position on this matter and thank you for your service to our Country.

 

 Sincerely,

 

Mark A. Williams

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January, 25, 2010

Mr. Robert Gates
Secretary of Defense
1000 Defense Pentagon
Washington, DC 20301-1000

Dear Sir:

Since retiring from the US Army in 1979, I have remained active in Defense issues writing a weekly column called The Military View for five newspapers. Many of these articles are about local men and women serving in the service today; some are more in-depth research articles about issues of concern to our citizens.

I have also been involved as a speaker on Defense issues at many local organizations. I recently was involved in a panel discussing Military Ethics where specific cases like the Marcus Luttrell “Goat Herder” decision, the John Murtha allegations and subsequent trials of US Marines, the four Navy Seals currently under investigation for “roughing up a POW”, and the case of PFC Corey Clagett who was convicted of killing insurgents in Iraq were addressed.

There is much unrest about the direction we seem to be going in the handling of cases against active duty men and women who are charged with acts against insurgents and alleged terrorists. The prevailing mood is that political correctness takes precedence over good common sense towards protection of our warriors. As the war in Afghanistan progresses, as the dead and wounded count goes up, and as the lack of measurable progress continues, it will be necessary to retain the confidence of our citizens to fulfill our national objectives.

One way of doing this is to show some humanity and clemency towards some of our warriors who have previously been convicted of “alleged” acts against our enemies. The case of PFC Corey Clagett would be a good place to start since his clemency hearing is coming up in the late March-early April time frame. I would urge you to look into the details of this case as there does certainly seem to be enough doubt as to the value of continuing to hold this warrior in prison for the actions he took on the battlefield.

Sincerely,


Jerry H. Hogan
Lieutenant Colonel (Retired)

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RE: Corey Clagett 82477

To The Members of the Clemency /Parole Board: 2010

 

Dear Sirs / Madams,

My name is Ericka Tucker and Corey is like a brother to me. I have known Corey since I was sixteen years old. Which now is about ten years. Corey and I use to go bowling together, dancing to the movies and to the lake for fishing and swimming. Ever since I have known Corey he has always been there for me as a brother would be. I really miss his voice and having him to talk to.

 

Corey is a great person with a loving personality who is very caring of others. He is also the uncle of my little girl Savannah who is now seven years old. She talks of how she misses doing things with her uncle. Things like coloring and going to Chucky Cheeses and just spending time with him. She has asked me often when he is going to come home so she can see him. Savannah also talks about how sad her grandmother gets over missing him and about how she needs him around to help take care of her. Corey’s mother is becoming very sick more and more each day.

 

I think if Corey was to come home he could still very easily make something of his life and maybe even have a family. I know his mother really needs him home. We are not sure how long she will be around. Every month she gets diagnosed with something new making her even sicker. I know ever since he has been gone she has not celebrated a holiday. She just can’t bring her self to do it knowing Corey is unhappy. All of this stress has brought her down over the past couple of years.

Corey was just an all around good son, brother, uncle and friend. We all miss him very much.

Please don’t give up on him..

 

Thank you,

Ericka Tucker

Eustis, Fla

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Dear Members of the Clemency Board:

 

As Chairman of the House of Representatives Committee on Veterans’ Affairs, I am writing to appeal for clemency for Private First Class Corey Clagett.

 

I understand that PFC Clagett pled guilty to murder charges against him, even though he killed no one.  His current attorney believes that he was given extremely poor legal advice from his JAG attorney who told him that he might spend the rest of his life in prison if he did not plead guilty.  There were three insurgents who were killed in this case, and the other two defendants have admitted to killing all three. 

 

In similar cases, military members who killed the enemy outside of the rules of engagement have often been given sentences of months.  I understand that one of the other two defendants in this case, who killed one insurgent, was given a sentence of six months.  His commanding officer was given immunity.  Although he never fired his weapon, PFC Clagett was given a sentence of eighteen years.

 

PFC Clagett went to Iraq as ordered and served as required.  As a result, he is facing a life in prison for an action he did not take.  I urge you to grant clemency to Corey Clagett.  I appreciate your attention to this critical case.   

 

 

      

Sincerely,
AS A Member OF Congress
 
Congressman

BOB FILNER

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Chairman, Army Clemency and Parole Board

1901 South Bell Street

Arlington, VA 22202-4508

 

Dear Sir:

 

I’m writing to appeal for clemency for PFC Corey Clagett, 3rd Battalion, 187th Infantry Regiment, 101stFt. Leavenworth. Airborne Division, who is currently prisoner number 82477 at the Army Disciplinary Barracks at

 

I’m not an influential politician, media celebrity, or even a human rights activist.  Rather, I’m a husband and a father, a physician and citizen-soldier—an Army Reserve officer, who’s served two tours in Iraq.  At age 59, I left home and family to care for the “neighbors’ kids”--the young people in uniform who grew up during the same time as my own children.  I did so in places with names like Abu Ghraib, Baghdad, Camp Bucca, and COB Speicher.  I also treated Iraqis, including insurgents, providing them the same compassionate care given to our own soldiers.   I experienced the horrors of war firsthand, witnessing things no human being should ever have to see, all the while in harm’s way.  I know what war—especially this war—is like, and how it can affect the actions of otherwise good and decent people.  It’s a morally bruising, ethically confusing environment, where one’s internal compass can inadvertently go awry. 

 

The incident resulting in PFC Clagett’s incarceration need not be detailed here.  Suffice it to say, what actually happened on that day in May 2006 will never be known beyond a reasonable doubt.  However, such incidents share characteristics which have become all too familiar. . . and all too disturbing:  Overly aggressive and ever-changing Rules of Engagement; a chaotic combat environment with a brutal enemy; and young, battle-weary American soldiers uncertain exactly how to proceed under confusing circumstances.

 

Legal proceedings in such cases have also had many features in common: Inexperienced military defense counsel; prosecutors overcharging and threatening the accused soldiers with the death penalty; conflicting witness accounts; lack of forensic evidence; exculpatory evidence withheld; “unwarranted command influence”; and finally, coerced guilty pleas in exchange for testimony.  “Convictions” obtained under these circumstances should give pause to every American citizen concerned about justice. 

 

Those who have never experienced war, especially a counterinsurgency campaign against a brutal enemy--who hides in civilian clothes and behind innocent children--cannot possibly comprehend the dilemmas our soldiers face on a daily basis.  Often suffering from sleep deprivation, they’re thrust into confusing, chaotic situations where their own lives are at risk, held to a standard few others could ever achieve, and then convicted with evidence which would not be accepted as sufficient in a civilian court.  One cynic has written that in military justice “someone has to pay—it doesn’t matter whom”.   Others have suggested that lower ranking soldiers have been sacrificed to appease a hostile media, mollify domestic opponents of the war, protect senior officers, and placate Iraqi politicians.  As with most exaggerations, these contain some elements of truth. 

 

After his conviction, PFC Clagett was placed in solitary confinement at Ft. Leavenworth, and permitted to leave his small cell only one hour each day.  After months of being subjected to such conditions, PFC Clagett, who had a prior history of mental health problems, developed a serious psychiatric illness.  The possibility that this condition was precipitated or aggravated by the circumstances of his confinement cannot be dismissed.

 

I have been in contact with PFC Clagett throughout most of his incarceration.  Although repeatedly denied visiting privileges by the officials at Ft. Leavenworth, I maintain a close relationship with him through letters and phone conversations, and have come to know him quite well.  It is my professional and personal opinion that PFC Clagett has excellent potential for rehabilitation.  This is consistent with the pre-trial assessment by  Navy psychiatrist LCDR Karen Karamidov, who described PFC Clagett as a “very sensitive” individual without any anti-social personality traits.

 

But PFC Clagett’s potential for rehabilitation is inversely related to the length of his imprisonment.  Simply stated, the longer he’s incarcerated and separated from external support systems, the greater the risk for permanent mental harm and the greater the difficulty he will experience during reintegration into society.  I have promised to actively assist PFC Clagett in rebuilding his life as soon as he’s released.  I’ve done this for other young offenders over the years and have been witness to some remarkable success stories.  For efforts on behalf of incarcerated teenagers and young adults, the Army awarded me the Military Outstanding Volunteer Service Medal.   I will do the same for PFC Corey Clagett; I give you my word as an officer.

 

Since returning home, I’ve been frequently asked to address various groups throughout the country about my experiences in Iraq.  During these speaking engagements, more listeners have expressed anger about the manner in which our soldiers have been prosecuted, convicted, and imprisoned for actions taken during combat, than for any other aspect of the Iraq war.  Disapproval and disbelief are most intense among combat veterans, the group usually most supportive of the military.  These views have not gone unnoticed in Washington.  As legislators from both parties become more involved in this issue, some form of Congressional or Presidential action seems increasingly likely.

 

The military justice system need not await legislative or executive pressure, since it possesses the ability to address such concerns through its clemency process.   And no one is more deserving of clemency than young soldiers like PFC Clagett, who left home and family to defend our Constitution, our country, and our freedoms.  Many are now languishing in prison, deprived of their own freedom and separated from loved ones, not because of any deliberate intent to commit a crime, but rather due to negligence, carelessness, or errors in judgment made in the confusion of war.

 

The United States Army demonstrated courage, strength, and resolve in toppling a brutal regime and bringing freedom to Iraq.  In so doing, it has earned the respect of allies and adversaries alike, and, more importantly, the genuine admiration the American people.  Such an institution, rightfully confident in its mission and values, need not fear being merciful.  Although PFC Clagett may not have served his full sentence, he has suffered enough.  Give him what only you can give.   Give him what he fought for on our behalf…give him his freedom.

 

Sincerely,

 

Edward P. Horvath, M.D., M.P.H.

Lieutenant Colonel, Medical Corps, U.S. Army Reserve

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To: Members of the U.S. Army Clemency Board

 

From: Dr. Stjepan G. Mestrovic, Professor of Sociology

 

Subject: Clemency for Corey Clagett

 

Date: 24 March 2009

 

I was approved by the military judge to serve as an expert witness in sociology for the defense in PFC Clagett’s trial, with the task to report on mitigating factors pertaining especially to command and social climate in his unit. I submitted my written expert testimony  and was paid for my services by the US Army. However, PFC Clagett’s scheduled court-martial by a military panel was abruptly cancelled, and I was denied the opportunity to testify on his behalf at the plea-bargain hearing. I am grateful for this opportunity to summarize my expert testimony regarding mitigation.

I am aware that PFC Clagett has been convicted of murder and conspiracy. However, the hitherto unreported mitigating factors include, but are not necessarily limited to at least the following new information: (1) the military  appointed psychiatrist concluded that PFC Clagett did not display any anti-social personality traits, but that he does suffer from ADHD (Attention Deficit Hyperactivity Disorder) (2) there is evidence to suggest that COL Michael Steele established a “poisoned social climate” in the brigade, and (3) there were systemic dysfunctions in the brigade regarding sleep deprivation for soldiers, lack of standardized procedures for processing prisoners, lack of social cohesion in the military unit, lack of social integration with Iraqi troops on the mission, and a pre-surge lack of preparedness for insurgency and Iraqi-on-Iraqi ethnic cleansing. This new information is summarized below, and may also be found in my written report that was submitted to the Army for the trial that was cancelled:

 

The Psychiatric Report Issued by LCDR Karamidov

The military appointed psychiatrist, LCDR Karamidov, concludes her report on PFC Clagett as follows: “Patient does not display any anti-social personality traits such as conformity to norms, cunning, impulsivity, aggressiveness, disregard for others, irresponsibility, or lack of remorse.” The particular words chosen by the psychiatrist rule out the possibility that PFC Clagett acted in a sadistic and cold-blooded manner. Moreover, this report also implies that he has tremendous potential for rehabilitation. Finally, the military psychiatrist diagnosed PFC Clagett with ADHD, which makes it difficult to imagine how he could have fully grasped the full meaning of the acts in question. The diagnosis of ADHD is also relevant for questioning whether he “pre-meditated” or engaged in “conspiracy” in the full sense of what these terms imply, or even, as the psychiatrist explains, whether he was fully capable of preparing for his trial. However, it appears that this significant psychiatric report was not admitted into testimony, and it is certain that my professional opinion on the psychiatric report was not admitted.

 

Poisoned Social Climate

The Rules of Engagement (ROE) during Operation Iron Triangle—namely, to kill every military aged Iraqi male on sight—were clearly unlawful. Sworn testimony in the Article 32 hearing quotes COL Steele as saying, “Kill all the sons-of-a-bitches.” Moreover, these unlawful ROE were applied to the entire objective. This case involves more than a handful of low-ranking soldiers. It involves unlawful policies established high in the chain of command and reinforced down the chain of command to the Platoon Leader, LT Wehrheim. The Brigade Commander never testified and was never cross-examined regarding these unlawful ROE. The documentation regarding the kill contests and other aspects of this poisoned social climate are well-known and documented in the Article 32 transcript. Thomas Ricks quotes Retired Army COL James Hallums in his book, The Gamble: “The supermacho image that Steele projected permeated his unit, and in my opinion, led directly to atrocities” (p.35).  Ricks’s book also quotes a sergeant who instructed the soldiers, based upon COL Steele’s videotaped speech: “We are not bringing anyone back alive” (p. 36).

 

Systemic Dysfunctions

Various Army reports and civilian books, such as The Gamble, make it clear that chronic sleep deprivation is a serious and widespread problem in Army units in Iraq, and leads to documented increases in accidents, aggression, suicide, and other negative effects, including poor moral judgment. Thomas Ricks documents the fact that on or about May 9, 2006, the Army was ill-prepared for counter-insurgency warfare, and for dealing with cultural differences in working with Iraqi troops or fighting Iraqi insurgents. Moreover, based upon my reading of Army documents in preparation for PFC Clagett’s trial, I found lack of standardized procedures for detaining prisoners, confusion as to frequently changing ROE, the flawed policy of having troops fresh out of battle detain prisoners instead of handing them over to MPs, among other systemic dysfunctions documented in my report. I mean no disrespect to the Board or the Army in citing these well-documented dysfunctions. But these are important factors in weighing PFC Clagett’s personal versus the Army’s collective share of responsibility for the tragedy that occurred on May 9, 2006.

Conclusions

Based upon my professional expertise, I request humbly that the clemency board temper justice with mercy in the case of PFC Clagett. It is my firm professional opinion that PFC Clagett is too young, impaired (with ADHD), and inexperienced to have been


2008 (New York: Penguin Books, 2009)

 

[2] Consider the following exchange between a defense attorney at the Article 32 hearing and PFC Bradley Mason: “Cons[2]The Gamble: General David Petraeus and the American Military Adventure in Iraq, 2006-idering your rules of engagement, you guys could have shot all four of these Iraqis or whatever they were without a problem when you hit the objective, correct?” “Yes.” page 186 Thomas Ricks,

 

[3] Seth Robson, “Report: Troops Need More Sleep” Stars and Stripes, March 17, 2009

able to cope fully with the systemic dysfunctions and poisoned command climate that confronted him and other brave, patriotic soldiers in his unit. He did not hold a leadership position of any sort. I ask you respectfully to please consider the aforementioned mitigating factors in his case, and to grant him clemency.

 

Yours sincerely,

 

Stjepan G. Mestrovic, Ph.D.

Professor of Sociology

        

Edward P. Horvath, M.D., M.P.H.                         Stjepan G. Mestrovic Ph.D    ( on right )                           Colonel, Medical Corps, U.S. Army Reserve.           Professor of Sociology     

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Dear Members of the Clemency Board:

My name is Paula S. Hoehn, age 70.  I am retired and live in Coos Bay, Oregon. I do not know Corey Clagett.  However, I have read about his circumstances and know that he is confined at the Army Disciplinary Barracks at Ft. Leavenworth, Kansas.

From what I have read about Corey, I am impressed that he is a fine, upstanding, honorable young man.  I know that Corey possessed courage, good character and values in order to go through the rigors of his military training.

While he was serving in Iraq, Corey was protecting my freedom and my American way of life, and I respect him for that.  He was willing to go in harm’s way knowing that he might make the ultimate sacrifice of his life to fight for Americans against terrorists who would do us harm.  Our freedoms have always had to be fought for and held by the sacrifices in flesh and blood made by our military.

With the more than three and a half years of his sentence that he has served in prison, I believe that Corey has paid his debt to society.  I believe that his life has been blasted by his incarceration and that it is timely and justified to grant him clemency and a pardon, releasing him to go home to his family and start building his life again.  Please let us not waste this life.  Our country needs all the fine young men that we have.

I respectfully request that PFC Corey Clagett be granted clemency.  Please consider my request and mercifully pardon him.

Respectfully Submitted,
Paula Hoehn

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Re: Clemency for Pfc. Corey Clagett – 82477
Dear Secretary Gates:
We are writing to you to implore you that you consider granting clemency to Pfc. Corey Clagett. As a retired NYPD Police Sergeant and a regular Army Veteran (1966-1969), plus ten years of Military Reserve, I am well aware of the need to maintain discipline and good order in the Military and the need to punish those who willfully violate lawful orders. I am also aware of good soldiers perhaps doing the wrong thing during the heat of battle and I am also aware of bad commanders making bad decisions or issuing bad orders, which affects good soldiers. The result of this being the wrong person is made to pay the price. Pfc. Corey Clagett may have made a wrong decision based on bad orders.
Corey has been incarcerated at the USDB for several years now. In our opinion his continued incarceration serves no purpose, other than to demoralize him, a young man who answered his country’s call to service and risked it all. He and his family have paid heavily for any mistake he may have made. We implore you to show compassion and to release Corey and to allow him to become a productive member of society.
Thank you very much for your time and in considering this request.
Respectfully your,
Tony Schiozzi
Denise Schiozzi

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Re: PFC Corey Clagett –
C Co. 3d Battalion,
187th Infantry Regiment

Dear Secretary Gates,

I am writing on behalf of PFC Corey Clagett who desperately needs your help. I know that you are familiar with the Iron Triangle Operation. This young soldier was absolutely left hung-out-to-dry by his commanders. I do not know Corey personally, but as a mother whose only son is serving in Afghanistan, I know that by the grace of God, what happened to Corey could have happened to mine.

Corey has a clemency hearing upcoming in the next few weeks. PLEASE use your influence in Corey’s favor. This young man has suffered far too much. I have been communicating with his mother who hasn’t seen her son since 2007 because she lacks the funds to travel to Ft. Leavenworth. PLEASE END THIS NIGHTMARE for this precious young man. He has much to offer society, and he is NOT A MURDERER! My heart cries out for this soldier. I can only imagine the heartache his family goes through on an hourly basis.

Please show mercy on Corey and end this travesty. My father was a crew member on a B-24 bomber during World War II. He flew thirty-five missions over Germany. There is no doubt in my mind my loving father would be tried for war crimes under the ridiculous ROE we force our troops to fight under today.

From one fighting’ Texas Aggie to another, please come to PFC Corey Clagett’s defense immediately. Send Corey back home to his loving family. Corey proudly answered his country’s call during time of war. Please answer his cry for help. Thank you for your consideration.

Yours truly,
Jan Weston
Texas A&M ‘76

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Chairman, Army Clemency and Parole Board
1901 South Bell Street
Arlington, VA 22202-4508

Dear Sir:

I am writing to appeal for clemency for PFC Corey Clagett. He is currently serving an 18 years sentence at Fort Leavenworth, Kansas.

I have known Corey and his family for a number of years and know them to be decent and God-loving people. Corey’s incarceration has been a heavy burden for his Mom and Grandparents, which has affected their health a great deal. His Mom is very seriously ill and needs to have her son home. I would pray that you consider this when reviewing Corey’s case.

Corey joined the Army to serve his Country. He endeavored to be a good solder and took pride in carrying out his responsibilities. He followed orders from his commanders without question. That was the keystone of his training. To question orders would be beyond the scope of his training and battle experience. To hold him and his fellow solders totally responsible for war-time casualties without examining the environment his commanding officers created that encouraged these solders to act in this manner seems grossly unjust and politically motivated. I firmly believe the standing order to “kill all military age men” drove many of these young solders to act without question. As they were trained to do!

I respectfully ask that you grant PFC Clagett clemency and send him home to his loved ones.

Sincerely,
Don S. Saturday
Moncks Corner,SC

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RE: Corey Clagett 82477

 

Clemency / Parole 2010

 

Dear Members of the Clemency /Parole Board

 

I am the step father of Corey Clagett though I don’t  feel as a step father I feel as I am the only dad he has ever known. Corey was a big part of our family and now there is a true since of loss with out him. He was a son to be proud of and I still am very proud of him.

 

I come before you only with my letter pleading for my son’s life. I beg you to send Corey back to his loving family. Corey has suffered enough and should be given a second chance to make a life for his self. Corey does have such potential to be successful. Corey has always wanted to learn and tried at so many things. Please I ask you not to destroy his spirit and mental state by keeping him behind bars. He would do much more for us all if he were released.

 

Keeping Corey in prison is not just harm to him, but to his mother and me, we have suffered too. As a father, I beg you to consider and to ask you to act on releasing my son Corey Clagett.

 

Thank you for your time in reading my letter,

 

 John Dianiska

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To The Members Of The Clemency Board 2009

 

I wanted to say something on behalf of my son Corey Clagett. He is my stepson, but I do not view it that way. I feel Corey is of my own blood. I believe we have a strong bond. You want your children to look up to you, but instead I look up to Corey. Corey has done more in his life time than I ever have and he has faced more struggles than most. Corey is a wonderful son, Even behind bars Corey has done things for others including for his mother and me. I know one day when I can’t take care of my self from old age Corey would be the one to be there for us. Corey is that kind of person. Men don’t show their feelings well, but I have seen the tender side of Corey. Corey is the person to pull over if you needed help on the side of the road. Corey would give you a ride 20 miles out of the way. Corey would give you his last dollar and say he doesn’t need it. He would pay you back if he owed you .He paid his bills on time. I helped Corey with a car loan, New Chevy 16,000 dollars and he made sure the payments were made. Corey kept these things clean and neat. He knows how to turn a penny into two. Corey would learn all he could in all areas so he could fix or build things his self. Did you know Corey wanted to be a nurse? He needed the money the Army offered to better his life. Corey wanted to help say he was a part of the change in Iraq. He was proud and even till this day said he would go back no matter the danger. I will you could see Corey growing up; you can if you go to

www.coreyclagett.com . Look at him being a kid or as a teen, look in his eyes. This could be your child. What you would say to save your own child? I would say all the same things and more because Corey deserves his freedom. I deserve my son. This country deserves the contribution he can make. Please have mercy and grant my son Corey Clemency.

 

Sincerely,

John Dianiska

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To The Members of the Clemency / Parole Board 2010

 

There has been much written about this case; for his family, the evidence is overwhelming that this young son
of our nation has taken the fall for those who were responsible for his safety and for overseeing that he performed his duties in a responsible and just manner.

 

His pleas, as well as ours, have fallen onto deaf ears, from the former President of our country, down to his
fellow combatants.

 

Now, the choice and responsibility has fallen to you, this respected review board, to do the only thing that is
sane and humanitarian, and allow Corey to once more return home to the arms of
his family and friends.

 

Every possible attempt to protect Corey in earlier Clemency and Parole Board hearings has been exhausted and has failed.  We have but one recourse, and that is to appeal to your genuine sense of humanity and fairness and grant his

release.

 

I, along with our family and friends, with all respect, ask you once more, in the name of all that is
compassionate, to grant Corey’s release and return to us.

 

May Almighty God guide your
hearts and conscience in this matter of the utmost urgency.

 

Yours truly,

 

Melanie Dianiska

Mother of Corey R. Clagett

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To The Members Of The Clemency Board 2009

 

I am the mother of Pfc Corey Clagett. To me Corey will always have that title. He should have been honored and had the welcome party his unit received.  I’m not going to write about the mushy things most write, although Corey is all those things.  I want you do think about something else .Corey loved to wear that uniform and for what it stood for. He would have never hurt anyone if he didn’t feel his life was in danger. Corey is a decent human being, a loving person; he would give the shirt off his back and do anything if a person needed something of him. He did too much for people before joining the Army. Corey wanted his life to be better and he believed the Amy could help him with that. The money the military offers as a bonus was a lure for these young men and woman. Some thing went wrong back in May of 2006, but Corey did not kill anyone. If you knew Corey deep down, you would also know this. Do you know what prison does to folks that truly didn’t do wrong? My son will lose his mind and soul in prison. He already suffers from traumatic Stress form all he has been through. Corey wasn’t given a fair shot. We didn’t have the money to see to it. There are good soldiers and military officers, but there are bad ones as well. Corey is not the bad one; don’t make your self the bad one. This young man and my son deserve a chance at a productive life. Two wrongs don’t make a right. We need to stand with and behind our fathers, uncles, brothers, nephews and sons, our mothers, aunts, sisters, nieces and daughters that we asked to become soldier’s and put their life on the line for us. So many soldiers have come home in coffins. Some commit suicide. Some will go mad from the confinement they received for doing there job. We honor them by locking them up. They are prisoners’ of our own. Please don’t be a part of this madness. You have the right to change this. My son Corey may lose all he believed in.

 

I ask you, no I beg of you to give Pfc Corey Clagett Clemency. Send my son home!

 

I appreciate your time in this matter,


Melanie Dianiska

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To the Members of the Clemency / Parole Board 2010

 I am Janice Miller, Corey Clagett’s grandmother. I am seventy years old and I pray everyday I live to see Corey come home. My grandson is one of the most lovingness people I know. I know he would never have done what he is accused of. I could talk all day about the joy he has given us growing up. I can also tell you how proud I was to see him join the service. My grandson went from a teenager to a young fine man when he graduated from his training. He really loved what that uniform stood for and didn’t even want to change into civilian clothes when he got his two weeks break before going to his first duty station. His life had been ruined by the people he trusted. Our live has been ruined and I don’t use that word lightly. Corey has not suffered alone during these past four years. I can’t even begin to tell you all the suffering we have went through as a family. It has taken years off our lives. There is no joy in our home and won’t be until Corey returns. There are people in this town who think Corey has been wrongly treated and no matter what stand behind him. Two Companies as an example B&B metals and M&M Mechanical have a job waiting for him when he comes home. I believe things were handled wrong in Corey case and ask that you try and repair the damage that has been done by making this right and giving Corey another chance at life. I can not speak before you, I can only send my words through this letter and ask that you be forgiving, compassionate and understanding and release Corey back into a society with a supportive and loving family so that he can heal and become a productive asset to our community.

Both Dr. Mestrovic and Col Horvath has spoken once before this board, I ask you to listen and take in to heart what they have had to say. I know they have also written letters on Corey’s behalf, please don’t overlook what is important, Corey is worth saving.

 

Please, Please I beg you to return Corey home. Set him free,

 

Janice Miller

Moncks Corner,SC

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TO THE MEMBERS OF THE CLEMENCY BOARD 2009

 My name is Janice Miller and I am the grandmother of Corey Clagett. I’m really not sure of what you would want to hear and you may get many letters as members of the board when you hear cases saying the same thing. All I can do is tell you from my heart about my grandson Corey. See I helped raise when because his mother was struggling as a young mother her self. Corey never had his father around from the age of two months and to this day doesn’t have contact. Corey joined the service to do some good in this world and to help make a change. He wanted money for collage so he didn’t live pay check to pay check. Corey has always kept a job from the time he was 16 years old because he paid for his own car, cell phone ect. He didn’t hang out in gangs, or steal .He was always on time and was polite and well mannered. You don’t know how proud he was to wear that uniform, It was some adjusting and new to be in the service, but he loved what he was doing. Some people fall through the cracks, some cracks not so good. I feel Corey fell through our military justice crack; I don’t feel he deserved what he was sentenced to. I want to see my grandson again before it’s too late. To late for me and too late for him. He still could have a chance to become something grate. He could be a roll model for someone else someday. Please give him that chance by granting Clemency.


Janice Miller

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RE: Corey Clagett 82477

 

TO THE MEMBERS OF THE CLEMENCY BOARD, 2010

 

As a retired member of the armed services (Air Force E 6) of 26 yrs., and the grandfather of Pfc Corey Clagett, I am seventy years old and I may never see him again if you don’t grant him clemency. Pfc Corey Clagett‘s grandmother was informed that she has A.L.S. or Lou Gerhig's Disease.  I miss fishing and camping with Corey. I miss the laughter and his jokes. Corey had so much energy and to have him waste away in prison is unjust. Corey can do some good in his life if you would give him the chance. Corey has always been a hard working young man. You can only read what I write and I can’t say all the things I would like to because you would be here all day. Please don’t allow his mind and soul to be destroyed by the unjust that has happened by an 18 year sentence. Do not allow this young life to waste away just to become an old bitter man in the out come. You have his life in your hands and you can change the path of Corey’s life.

PLEASE, I respectfully ask that you let him come by granting him Clemency and.

 I respectfully ask that you give time served to Corey.

 

Thank You,

 

Kenneth Miller

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TO THE MEMBERS OF THE CLEMENCY BOARD, 2009

 

As a retired member of the armed services ( air Force E 6) of 26 yrs., and the grandfather of Pfc Corey Clagett, I respectfully ask on the behalf of myself and his grandmother that you give clemency to Corey. We may never see him again if you don’t grant him clemency. Pfc Corey Clagett‘s grandmother was informed that she has A.L.S. or Lou Gerhig's Disease.Corey would do some good in his life if you would give him the chance to make something of his self. Corey has always been a hard working young man from the age of 7 years old. You can only read what I write and I can’t say all the things I would like to because you would be here all day, but I do tell you, Corey is one of the most passionate, kindest and hard working people you could meet. Please don’t allow his mind and soul to be destroyed by the unjust that has happened by an 18 year sentence. Do not allow this young life to waste away just to become an old bitter man in the out come. You have his life in your hands and you can change the path of Corey’s life.

PLEASE, we respectfully ask that you let him come by granting him Clemency.

 

Thank You,

Kenneth Miller

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To the Members of the Clemency / Parole Board 2010

 

Dear Sirs / Madams

 

I’m not sure how to write this letter to you or what you want to hear. I do know what you have the power to decide weather or not to return my brother Corey Clagett home. I must plead with you to give my brother and family hope back. Corey is now 25 years old. He still has time to make a life for him self and to show society he can do good things and become a role model. He still has time to heal and come out of this with a learning experience.

 

I love my brother; we are a small family so all we have is each other. I am only a year older, but in many ways I look up to Corey. Corey has taught me many things. He has always been the one to keep our family laughing; he has a sentimental personality that you don’t see often. He has always been the most level headed of us all. Corey is my rock and I need to tell him that more often. Until something happens most of us take things or people for granted, but I don’t want that to happen any more. I want my brother’s influence, love and humor in my life. I want us to be close again and to grow old together as a family.

 

Corey hasn’t had children, but I have. Corey wants to continue his education. He wants a real career. He wants to enjoy life and never take for granted what it has to offer. So I ask you to please give him all those opportunity to achieve all that he can. Everyone deserves a second chance, everyone, Please I beg you to give Corey his second chance, send my brother home. Put of family back together,

 Yours truly,

 

Jamie Clagett  

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 RE: Corey Clagett 82477

Dear Members of the Clemency Board 2010

 I am writing on the behalf of my brother Corey Clagett. I still consider my brother a private who was just following orders. Taught to obey orders and ask questions later. When my brother came home from boot camp I could not believe it. The respect that he had for his uniform. He was really proud of what it stood for. The changes in him that the army had instilled into my brother. I am proud of my brother because he still wants to enlist after everything that has happened to him. He was willing to die for me and even complete strangers because he has never been selfish. While trying to protect freedom He lost his Freedom

He still has a bright future ahead of him. The reason he joined the Army in the first place was to have money to go to school so his family could have something better then what we had growing up. We were a poor family who, when the time came to try to defend Corey, we could not afford a decent attorney for him. That’s why he plead guilty. He faced life without parole. What if this was your son or daughter or even your brother.

We never knew how it would be to have our dad with us we only had each other. Corey would go out of his way to help somebody in need. He was always there no matter what and was a good

Corey is friend and a great brother.  He was always there to stand up for us. The kind of Kid that saw the positive in every situation my brother has never lied to me before and I know my brother would not do something like that because why would he want to reenlist. If he was guilty why would he? We, in this little town believe that Corey deserves to be released back into society so he could go to school and be at home with his family and try to rebuild his shattered Life. Having Corey away from us has torn at my family’s heart.

We haven’t had a Christmas ever since Corey left. Do you know how hard it is when everyone wishes you a merry Christmas and your family is suffering every day. In my brothers most recent pictures it looks as though he is dead. Perhaps it would have been better for Corey to have been killed in Iraq? Everyone would at least show him some token of respect. That’s what it feels like not having him here or hearing his voice to cheer us up when we are down. He had a way to always make us smile. I remember when we were about five or six years old when my mom got beat up and my older brothers Jamie and Corey defended my mom by jumping on the mans back. This is the way it has always been she was there for us boys and we were there for her!

The longer Corey is away from his family the worse my Mother’s and Grandmother’s health becomes due to the stress of worrying and missing Corey so badly. Thank you for your time

And I please, respectfully ask that you may consider granting my older brother Corey clemency

Sincerely

Joseph Adam Clagett

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To the members of the Clemency Board 2009

 
This young man (Corey Clagett) who wanted nothing more then to be in the Army. Odd thing is even though he is now in prison he still would like to be back in the Army. I met Corey Clagett when he was a new baby because he along with his older brother and Mom came to live with us in MI from S.C. We grew to love these little boys as grandparents even though we are not. When they moved back to S.C. we continued to have a relation with the Mom, her husband and now three sons.

Some years later Corey came back to MI to live with our youngest daughter and attended school here for a bit but again moved back to S.C. As an adult he had the calling to join the Army and did so proudly. He was sent to Iraq and that is where his freedom ended.

I don't know the whole story and I don't know who is right or wrong, I only know Corey and what he professes. Corey insists he is not guilty of taking innocent lives along with a few other soldiers. I believe in Corey .Corey says he was following orders from the same commander who wrote Black Hawk Down. That commander has been granted immunity from testifying. This would tell the general public he has something to hide. Either way Corey as others were convicted and now live in prison for how many years no one is sure.

We did not ask for our young people to be put in harems way but they are. As always we ask them to go into a life style that is completely different then they grew up knowing and we don't treat them any better when they come home injured, living or dead. We put a gun in their hands and asked them to take lives of others and we expect them to remain level headed and sane when it is over and done with.

When these soldiers were arrested they were shackled 23 hours a day and lived in daylight 24 hours a day. Their personal belongings were taken or stolen and not returned. We treated them no different then we are accused of treating those we captured. How they were kept from the rights they deserved as innocent until proving guilty was despicable.Do the right thing and grant Clemency.

 
Thank you for your time and thank you for listening to me.

Betty Kettler

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RE: Corey Clagett 82477

 Members of the Clemency / Parole Board:2010

 Another year has passed. It is time once again to review the case of Corey Clagett.

Was PFC Clagett proven guilty beyond a reasonable doubt?? It seems as though there is nothing but doubt surrounding this case. There have been hearings. There have been trials.  Books have been written, and the controversy continues.

Sadly, Corey remains in prison.

Please take the time to review this case and set Corey free while he is still young enough and strong enough to be a contributing member of society.  The stress, both financial and physical is becoming more than his family, most importantly his mother, can bear. 

Grant him the freedom he deserves, the same freedom he attempted to provide for the rest of us when he enlisted in the US Army. 

 Sincerely,

 Brian and Karen Groth

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RE: Corey Clagett 82477

Clemency /Parole Board 2010

 

To the Members of the Clemency Board:

 

Here I am writing once again on behalf of Private Corey Clagett.

During the years that have passed since his arrest and trial I have seen first hand the destruction that has visited his family. I have watched his Mother, a once beautiful and vibrant lady become feeble and weakened physically buy this tragedy. I have see the small town grieve over the loss of a native son and I have seen the loss of Faith in our System of Values within this Nation. I must be frank with you. My, own, once proud belief in this country and how we treat or beloved military has been tarnished at the break down of Justice in Corey's case.

I personally have written numerous letters to the former President, his Cabinet members and to Congress men and other Statesmen in order to garner some form of help for this young man, all to no avail! Not much at a call or a note was ever returned to me concerning this case. WE elect officials to protect us and our rights as Americans but they have l fallen drastically short of their obligations to us all!

So now with this letter I will once again turn to you the very people of the Armed Forces , Our Nation's warriors to come to the fore front and do the right thing on our behalf. Since the elected officials of our nation have turned a blind eye towards us we only have you to rely upon now!

As a Viet Nam era vet I understand the duties and obligations of a soldier and that sacred creed of following orders must be adhered to. You yourselves follow this each and every day, but within that belief there is room for conscience and compassion.

I ask you to reach deep within and consider if this young son were your own and try to fathom your loss at your son or daughter being locked away in a prison and treated with disrespect for having done the best he or she could?

 

Corey is a viable and talented young man whose selfless, positive attitude is being slowly but surely sapped from him after this ordeal. He yearns to once more regain what is left of his youth and to become respected and loving member of the community once again. We all miss him dearly and his absence takes a toll on us all.

For years I have been a neighbor to this family and I have seen the joy they share in each other. For the most part they are poor and hard working people who just wish to live in harmony with those around them. I witnessed the hurt and debilitating effects of the arrest and trial on his Mother, Melanie Dianiska and her Husband and her other sons and family. I watched her grow more weak and sick as she fretted over her son Corey.

Corey comes from a military background he watched and listened to his Grandfather and step dad and watched as his older brother as they went off to war and proudly served- all he wanted to do was follow in their foot steps.

Corey is an honest kid with real values instilled in him from the start. I cannot perceive this kid hurting anyone let alone killing someone. The idea of him carrying a weapon into battle is still hard for me to believe!

May I take the liberty to humbly beg you to reconsider this case and to somehow make right the wrong that has been done to this young man? Find it within your own hearts to consider him your own son, because as a soldier he is a son to us all!

 

Please on his behalf grant him clemency and allow him to come home to his family once more, allow him to know what we all take for granted, the love of a good woman and the pride of children of his own and the value of being a member of the community as he was meant to be before that tragic day.

 

I respectfully thank you for taking the time to read this letter and I pray that you will take to heart your own compassion and service to this country and do the correct thing for all of us. Remember the eyes of this nation and community are watching you as you make your decision and we trust you to do the just and fair thing on behalf of Corey Clagett.

 

Yours Truly,

Nick G Vorras

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Dear Members of the Clemency / Parole Board 2010

Once I heard about Corey Clagett, and the dire situation he found himself in, I knew I could not sit by the sideline and not do anything.

 I have become friends with his mother, Melanie, and have been trying to support, and do what I can, for the family in their time of need. I am happy to do anything I can and will continue to do so.

 Indeed, I believe in Corey’s innocence. I also believe that he has a great love for his family and his country. Enrolling in the Armed Forces shows that he has a desire to protect his country and help those that need it, both here and abroad. Now he needs your help. I beg you.

 Keeping Corey incarcerated for something he did not do is a travesty of justice. Once Corey has obtained his freedom, and I pray that it is soon, very soon, the ordeal is not over for him. Corey will not come out of this the same person he was before, unfortunately. He will have a long road of recovery in front of him to become a contributing part of the fabric of society. However, given the chance I believe he will accomplish that task with flying colors.

 I ask, pray, beg, and hope that you will listen with your ears, minds, and hearts and do what is right. Give Corey his freedom. Give him and his family the chance to heal.

Sincerely…    

Marshall Robb

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FROM: Rebecca Wilf

 

SUBJECT: Clemency for Corey Clagett

 

DATE:  January 4, 2010


TO: Members of the Army Clemency and Parole Board 2010

 

 

This letter is an appeal for clemency for Corey Clagett.   I am a civilian currently retired from the real estate profession.  Prior to my years as a Realtor in both Colorado and Florida, I worked as an insurance Underwriter for Principal Financial Group and California Casualty.  I have three sons each of whom has served in the United States Army. One son is currently serving in Afghanistan. 

 

In 2008 I was introduced to Corey’s mother through a mutual friend.  Subsequently, and after many months of correspondence with both Corey and his mother Melanie Dianiska, I have come to know and care about this family deeply, and far more profoundly than I ever anticipated.  The more I have learned about Corey, the more I am convinced that Corey represents all that is good and noble and true.  He is a kind and generous person who, prior to enlisting in the Army, contemplated thoughts of becoming a medical professional, a person who wanted to make a difference in the lives of others.     

 

I am aware that PFC Clagett has been convicted of murder and conspiracy. I have spent many hours researching everything I can about Operation Iron Triangle.  I have viewed a video of the Brigade Commander Colonel Steele in which he encourages his troops to think of themselves as “predators” on a “hunt” with a take-no-prisoners approach, i.e., “Anytime you fight, you always kill the other son-of-a-bitch.  Always.  Do not let him live today, so he will fight you tomorrow.  Kill him today.”

 

It is my understanding that the objective of Operation Murray on May 9, 2006 was to "kill every military-age male" on sight. There was no option to capture or detain any males. This was understood and reinforced by everyone in the chain of command.  One can only imagine the confusion that day, as things did not work out as planned.  I have just recently read the comments written by an NCO who served with PFC Clagett.  He wrote these words this past Christmas Day 2009: "I am writing to let you know I have not been able to forget that day in Iraq when we were sent to kill and kill we did just for few to be sent to prison.  I remember that day as if it were yesterday. I remember the orders being given and me standing there thinking “What the hell we never have been given orders like this". 

 

There exists in American history another soldier much like PFC Clagett.  His name was Matthew Kilroy.  However, Kilroy was not an American.  He was a British soldier charged in the murder of five innocent American citizens in Boston in 1770.  He, and Hugh Montgomery, as well as six other British troops and their Captain Thomas Preston were arrested and put on trial. According to historical documents, Montgomery and Kilroy fired at point blank range into a defenseless crowd.  We know this incident as “The Boston Massacre”.  But what happened to these men?  What kind of justice was meted out to them for their crimes?

 

Unlike so many soldiers of today, the British troops of 1770 had an unlikely and prominent defense attorney.  His name was John Adams, our then future 2nd President.  Adams knew his decision to defend these men would be met with criticism and that his law practice and his family could suffer as a result.  As noted in the book "The American Presidents" by David C. Whitney, "Adams realized that it might lose him popularity; but he felt strongly that the British authorities who had stationed the troops in Boston were more guilty of the murder of Boston citizens than the soldiers who actually fired the shots."      

 

"Never in more misery my whole life." wrote John Adams in his journal concerning his defense of those British troops.

 

Nevertheless, of the British soldiers tried in October 1770, the jury convicted only Montgomery and Kilroy.  Both were found guilty of manslaughter. The next week the two soldiers were sentenced to have their thumbs branded and were sent back to their regiment.

 

John Adams, in his old age, called his defense of British soldiers in 1770 "one of the most gallant, generous, manly, and disinterested actions of my whole life, and one of the best pieces of service I ever rendered my country."

 

But today a soldier no less worthy than Matthew Kilroy languishes in a federal penitentiary. And he is not the only one affected.  As a military mother, I can attest to how much of a toll the stress of having a child in war exacts.  I can only imagine the stress Corey’s mother Melanie is enduring as Corey’s ongoing confinement looms endlessly.  In fact, she has confided to me that her health has been so negatively impacted since Corey’s incarceration that she is now in stage-3 kidney failure (as of December 22, 2009); that her blood pressure and blood sugar are so high that both are destroying her kidneys.  She tells me her body seems to be shutting down.  But the saddest thing is to hear her say, “I miss my son so much.” 

 

In closing I would like to say that I do not know what happened that day in Iraq on May 9, 2006.  What I do know is that the young man known as inmate # 82477 is a flesh-and-blood American citizen and patriot who not only fought for his country, but also trusted his countrymen and all those commanders who led him away to foreign soil, much like those same British troops back in 1770 trusted their military leaders and countrymen who led them to our soil.

 

Members of the Board, it is with these thoughts that I humbly write to you and beseech you to grant clemency to PFC Corey Clagett. This year is not only a new year, it is a new decade, a time for new beginnings.  Please take into consideration the thoughts and actions of our 2nd President John Adams as he defended young men who were not even American citizens.  And please reflect on the words of another great President, our 16th.

 

"I have always found that mercy bears richer fruits than strict justice." - Abraham Lincoln

 

With sincerity,

 

Rebecca Wilf

Melbourne, FL

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To The Members of the Clemency / Parole Board:

 

RE: Corey Clagett 82477

 

Dear Madam / Sirs,

 

I am Corey Clagett’s aunt Penny. His mother is my sister and we are very close. I’m not very good at writing a letter, but knew I had to for Corey. I have been remembering for days all the things about my nephew and was trying to think of what you wanted to hear about Corey. There is no way to say all that I would like in a short letter. I lived with my sister and my three nephews for over a year when I moved to South Carolina. I had four children younger than Corey and at the time. Corey was about fourteen or fifteen and I had visions like it was yesterday about how good Corey was to me and my kids. The night before Christmas he put together the kid’s toys and would help wrap the gifts. I remember him taking them to the park and would watch them and swim with them in the pool. Now for Corey at that age you would think he had better things to do, but he wanted to help. He would offer to the wash my truck He would ride around with me when I ran errands. I have always worked two jobs and sometimes three for I was a single mother. Corey would watch the kids and I would come home in the middle of the night and he would have them all camped out in the den like a sleep over and he was right there with them. When Corey was old enough to have his own truck at 18 years old he had loaned it to me to haul some rocks and helped me move. Corey didn’t have to do all he did for such a young age, but he always put his family first. I know one day Corey will make a wonderful dad. He really is good with children. I love my nephew Corey. We have had a terrible loss with out him these past four years. I have so many memories of Corey; one is how he introduced my kids to fishing, what a laugh… You may not want to hear these things, but what I’m trying to say is, Corey was the star of the family, he stood out, he made you happy, he could make you laugh, ask anyone and that is what you would hear first, how he can make you laugh.

Corey has had a really hard time in prison; we all have felt his pain. He truly has suffered during these four years. I ask that you end the suffering for Corey as well as my family. You hold the power to set him free and give him a new beginning. Corey needs us and we will be supportive, but we also need Corey.

 

Please don’t take all our letters in vain, don’t judge how we write these letters or what little we say for we were told not to write a long letter, just know there is love in them all for Corey,

 

I plead with you and I beg you as all my family has, release Corey and send him home..

 

Penny Musavi

Moncks Corner,SC

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Jan, 2010
To the Clemency Board:

I am writing to you on behalf of Corey Clagett.

He is currently serving an 18 year sentence.

I truly believe Corey should be granted CLEMENCY.

Corey is a fine young man and joined the Army with every good intention possible.

Letters I have received from Corey reflect his sweet and gentle personality.

Corey has a lot to offer society and will do great things with his life if given the chance.

Corey Clagett deserves a chance to be free, to pick up the pieces of his shattered life.

I greatly appreciate your effort in considering all factors regarding this case.

PLEASE consider all the circumstances and PLEASE grant him CLEMENCY.

Respectfully,
Patricia A. Currier
Horseshoe Bend, Idaho
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Patrica also wrote one for 2009 Hearing

To the Clemency Board:

I am writing to you on behalf of Corey Clagett.
He is currently serving an 18 year sentence for his alleged role in the killing of Iraqi detainees while serving his country as a soldier in the US Army.
I truly believe Corey is innocent and should be granted clemency in this case.
I also believe Corey had very poor legal representation during his trial.
He was advised that he was facing a death penalty and that the court would be more lenient with him if he took a plea bargain.
There was a lot of evidence that was not allowed in court that would have helped him.
I believe he was misled by his attorneys and betrayed by the other soldiers involved.
Corey is a fine young man and joined the Army with every good intention possible.
He followed orders as he was trained to do.
Had he been well informed by his attorneys he would not be in prison now.
If his attorneys would have represented him properly he would not be in prison now.
If all the evidence had been admitted in court he would not be in prison now.
I believe Corey was not given many choices on how to plead his case.
This ordeal has been very stressful for Corey and his family.
It has traumatized Corey and caused great emotional and financial hardship for his family.
Corey Clagett deserves a chance to be free, to pick up the pieces of his shattered life.
I greatly appreciate your effort in considering all factors regarding this case.

PLEASE consider all the circumstances that led to the outcome of his trial and PLEASE grant him CLEMENCY.

Respectfully,
Patricia A. Currier
Horseshoe Bend, Idaho

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To The Members of the Clemency / Parole Board; 2010

Dear Ladies and Gentlemen,

I am a neighbor and friend of Corey Clagett’s Mother and Dad. I do not know Corey, but through his parents and reading about this case I had to write this letter is in defense of Corey Clagett. I am a Vietnam Veteran with over 2 years service there and I have seen how high ranking officers or the government give orders and then say they never said a word that way. Through the things that I have seen with my own eyes and the things I have read that Corey is going through the same things. I do not think he should have ever been put there. You should look into your minds and hearts and you will know that I am right. This is a war no one wanted things to turn out the way they did, some things should be forgiven and Corey should be forgiven and give the chance to start over.
Please set him free!!!

Sincerely yours;
Rutledge Mollander,
disabled USMC
Ravenel, SC 29470

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RE: Corey Clagett 82477

To The Members of the Clemency / Parole Board; 2010

Esteemed Members of the Clemency Hearing Board;

My friend and neighbor Melanie told me recently that her son Corey Clagett is scheduled for a clemency hearing. She has asked that I send a letter to you regarding her son and although I have not met him personally, I have spent time with his family. I am a social science major with a master’s in counseling, working toward PhD and my husband is a disabled Vietnam Veteran rated 100% permanent and totally disabled due to PTSD—so I am aware, if only from the point of view of an observer, of the potential effects of combat. I was, however, unaware until I heard Colonel Steele addressing his troops how these soldiers are influenced during training.

I would like to introduce you to the tenets of the Social Cognitive Theory of Career Development proposed by Lent, Brown, and Hackett (1987) and based on the work of Albert Bandura’s Social Learning Theory because I believe this theory may set the stage for why Corey chose the occupation he has chosen. The theory postulates that individuals choose a career path based upon several factors, including “personal performance accomplishments, vicarious learning, social persuasion and physiological states and reactions” (as noted by Penn State’s “Overview of Career Development Theory,” 2010). Corey comes from a family of military men. His biological father served in the army. His step-father, who by Corey’s mother’s account, Corey refers to as ‘Dad’, also served. His grandfather served in both the Army and the Air Force for a total of 27 years. With the influence of all these important men in his life, Corey probably made up his mind as a child to join the service and when he heard the call of his countrymen, he answered that call and enlisted. I do not believe anyone enters the service, especially during times of war, without an understanding of the potential sacrifice he or she may be called upon to make and by my account that makes these brave men and women, including Corey, heroes from the onset.

Corey is a hero. When Corey was nine years old, his mother was attacked while selling produce roadside as he and his two young brothers watched. According to Melanie’s report, Corey was the first to come to her defense and between the three brothers, they were able to subdue her attackers and take her to safety. An individual who responds in emergency situations without thinking about his own welfare is a brave and selfless champion and NOT a bloodthirsty killer—a soldier, if you will. This experience also influenced Corey’s decision to become a soldier. He wanted to defend his country: to protect those of us who could not protect ourselves.

And now Corey is locked away in solitary confinement and this is also due, I believe, to influence. Melanie reports his jag lawyer attempted to enlist the help of his mother to convince her son to plead guilty in order that he not spend the rest of his life behind bars. Corey, being the obedient soldier, capitulated and obeyed his counsel and plead guilty in a very specific situation, a court of law, with very specific guidelines.

Also being a good soldier, he engaged the men in Iraq: men that we convinced him were our enemy, and under orders as he understood them, defended us from this potential threat. I believe it takes quite a bit for a young man to be convinced to take the life of another person but when he believes he is on the side of justice, as in a war situation when one is fighting against an enemy, he can be trained to step beyond normal boundaries and carry out those orders.

Stanley Milgram did a series of studies conducted at Yale during the 1960s on obedience to authority. His studies are now famous and have been used to illustrate the lengths to which individuals will go when ordered to do so by those in authority. Milgram used a confederate (a person who was aware of the purpose of the test) ‘learner’, a ‘teacher’, and an ‘experimenter’ in his tests. The student participant was told that he would play the role of the teacher and was instructed to administer electric shock ranging from 15 volts labeled “mild shock” to 450 volts with labels such as “Danger: Severe Shock” or “XXX” to the learner each time he missed an answer to a question to test for memory. There was no actual shock administered, but the student was not aware of this information and the confederate learner, who was hidden behind a partition from the student participant acted the part of being shocked by yelling or screaming, pleading to be released, and at times thereafter remaining deadly silent (Milgram, 1974). The experimenter wore a plan lab coat and was instructed to be stern and indifferent and to prompt the student to continue with the experiment should he offer resistance to administering shock to the learner. Sixty-four percent of the Yale students administered the full 450 volts to the confederate learner under authority.

I have been trying to research rules of engagement because it seems to me that Corey’s case may be complicated by rules of engagement issues and have found many, many blogs from varying websites written by soldiers returning from Iraq. These reports range in volume, but by most accounts our soldiers are feeling stymied when attempting to perform their primary objective: they are sent to defend and protect and then advised not to do so. As one soldier put it:

A system that used to be a way of allowing soldiers to avoid hurting civilians using certain weapon systems at certain times has once again degenerated into a complex “Cover Your Ass” legal trick for higher command …living here and not doing anything is just making it easier for me to be killed …I am tired of my friends being hurt while criminals hide in mosques laughing about how easy it is to put in shots on the Americans …I have to order a soldier to get in a turret to wait for a sniper to shoot him in the face or throw a grenade at him, but if I order him to shoot at a car, I will be investigated and jailed (J-TAS, personal communication, December 11, 2006).

This is war, ladies and gentlemen and as they say, war is hell. Our soldiers, mostly very young barely-eligible-to-be-cons
idered-men-and-women-by-our-country’s-laws, are under extreme stress. There is no way that any of them should be held up to standards set for individuals responding under average circumstances.

I have faith in our government and in the democratic system as a whole. I know there are stays in place and checks and balances to protect the innocent especially from those in power and these policies have been evident from as far back as the 1600s when King John of England signed the Magna Carta accepting his own limitations as the ruling authority. We hold those in authority to a higher standard and I know this American people to be tenacious. I must believe that justice will be served, and I want to be on the side of justice and truth when the investigations are complete and the American people have had their final say in this matter. Our law, our military, our military laws have and will experience policy change, and these changes are necessary to provide for each and every individual’s personal freedom.

I think it is a tragedy that Corey was so ill-advised during his trial and, as a result, is wasting so much of his time and potential in a solitary jail cell. I think it is also a tragedy that depersonalized and detached policy mandates, such as rules of engagement and courtroom etiquette, preclude room for individuation and because of those societal parameters we find it easy to hide behind a thin veil of justice and as a result this young and impressionable kid has paid a price far greater than confinement—he has lost what by all accounts should be his: a place of honor. I hope Corey knows that there are many who believe in him and who understand that there is greater misconduct present and unaccounted for here than for any misconduct for which he may actually be guilty and that to those of us who would stand against the status quo, he will remain a US Veteran and a hero.

Debbie Glover
Ravenel, SC 24970
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TO THE MEMBERS OF THE CLEMENCY BOARD

Although I have never met pfc. Corey Clagett, I have come to know him and his family through various radio interviews, news articles and television news stories and primarily through personal correspondence with Corey's mother, Melanie Dianiska. I have contributed to the support of Corey and the family as best I can to help them get through this ordeal, because I believe in his innocence.

In short, I believe that Corey loves his country and joined the Army to help defend the people of America with his life. I believe he was very proud to wear the uniform. I believe he is one to follow orders and to do the right thing.

I also believe that Corey has been proven to be innocent of the charge of murder and that his continued incarceration is a miscarriage of justice. I believe that his JAG attorney misled him, did not inform him that the two responsible for the crimes had already taken responsibility, and gave him poor advice by telling him to plead guilty for a crime he did not commit. He trusted his attorney. He trusted his commanding officer. He trusted the military. He trusted the people of America.

Please search inside your hearts and ask yourself if this young man, who would give his life to defend our freedom, is deserving of imprisonment. Does he really deserve to be treated this way? I believe we will not survive as a country if we continue to treat our brave soldiers this way. Corey still has much to offer this society and should be given the opportunity to live a full life, enjoying the same freedom we enjoy, made possible and provided to us only by the strength, courage , commitment
t and honor of our military. Please grant clemency to Corey and give him the freedom back which he so richly deserves.

Thank you and God bless.

Sincerely

Richard C. Kern Jr.
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To: Members of the U.S. Army Clemency Board

From: Rick Amato

Subject: Clemency for PFC Corey Clagett

Date: January 20, 2010


Dear Clemency Board Members,

As an American who is deeply concerned about the alarmingly high number of lower listed young soldiers accused of murder in the War on Terror, I am respectfully writing to appeal for clemency for Private First Class Corey Clagett.

I understand that PFC Clagett pled guilty to murder charges against him, even though he killed no one. His former attorney believes that he was given extremely poor legal advice from his JAG attorney (defending her first-ever murder trial) who told him that he might spend the rest of his life in prison without the possibility of parole if he did not plead guilty. There were three insurgents who were killed in this case, and two other defendants have taken full responsibility for the killing of all three. His JAG attorney was aware of their admission yet never informed PFC Clagett.. He had the right to be told of their taking full responsibility for all three deaths before being advised to plead guilty..

In similar cases, military members who killed the enemy outside of the rules of engagement have often been given sentences of months. I understand that one of the other two defendants in this case, who killed one insurgent, was given a sentence of six months. His commanding officer was given immunity. Although he never shot and killed anyone, PFC Clagett was given a sentence of eighteen years.

I have seen a video of commanding officer Michael Steele giving a pre-deployment pep talk in which he clearly and unmistakably states “kill all military aged males, bring nobody back alive, the enemy is breeding and multiplying, it is either you or them.”

The video was not entered into evidence at the original trial, despite the fact it is relevant to the state of mind of Corey Clagett.

A climate of political correctness has contributed in part to the high number of American soldiers accused of murder and forced into plea bargain deals. However the mood of the country is growing weary of this treatment and is beginning to change.

You as members of the board hold something precious in your hands. A young man’s life. You have the opportunity to do the right thing and give a young man his life back.

Please understand the case of PFC Corey Clagett is not going to disappear from the public eye until it is finally properly resolved. It will only grow stronger.

PFC Corey Clagett enlisted in the military at age 21 and risked his life for his country so that we may each enjoy our American way of life. Now it is time to do the right thing and grant PFC Clagett clemency so that he can return to his.


Sincerely,

Rick Amato
Radio Talk Show Host
Syndicated Columnist
Journalist

www.amatotalk.com
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To: Members of the U.S. Army Clemency Board

 

From: Dr. Stjepan G. Mestrovic, Professor of Sociology

 

Subject: Clemency for Corey Clagett

 

Date: 20 January 2010

 

At the Nuremberg trials, chief US prosecutor, Mr. Robert Jackson, said in a speech: “The common sense of mankind demands that law shall not stop with the punishment of petty crimes by little people. It must also reach men who possess themselves of great power and make deliberate and concerted use of it to make deliberate and concerted use of it to set in motion evils.”

 

Please note that Mr. Jackson referred to common sense, and not the law. In the Operation Iron Triangle case, the “little people” were Corey Clagett and William Hunsaker, who are still imprisoned at DB. The man of “great power” was Colonel Michael D. Steele. Even though Colonel Steele refused to testify at their courts-martial, the Army already has enough common sense and well-documented evidence to know that Colonel Steele was ultimately responsible for what occurred at Operation Iron Triangle. This evidence includes the following:

 

First, on November 5, 2009, Colonel Nathaniel Johnson testified at the ACPB hearing in Alexandria, Virginia that Colonel Steele had established a toxic command climate and that the soldiers under his command were confused as to the meaning of the ROE. Colonel Johnson’s testimony was historic: never before in the history of the US  I was present in the room when Colonel Johnson testified and was an eyewitness to his testimony. Military had a convening authority (which was Colonel Johnson’s role) testified on behalf of the men he had previously brought charges against. He asked the board for time served and an upgrade to general discharges so that the soldiers may receive VA benefits for treatment for their PTSD. Colonel Johnson’s testimony was honorable, and it also bespeaks common sense.

 

Second, Brigadier General Ricky Rife wrote an AR 15-6 investigation of the command climate created by Colonel Steele and also concluded that it was an “unforgiving” and “toxic” command climate. I spoke with General Rife over the phone, and again, am a witness to the existence and facts contained in this report.

 

Third, The Army War College uses portions of General Rife’s report, along with other documents, to teach its military leaders how not to be a leader like Colonel Steele. In other words, the Army routinely refers to Colonel Steele as a “toxic leader” and uses him as a cautionary tale. Where is the common sense in the Army knowing that Colonel Steele was responsible, in the sense of command responsibility and the well-known principle that toxic leadership leads to atrocities, while it continues to punish the “little people” who merely obeyed Colonel Steele’s unlawful orders?

 

Fourth, as you are well aware, the existing record of trial for the Article 32 hearing of the co-accused soldiers shows beyond any doubt that numerous soldiers testified, under oath, that Colonel Steele had issued the unlawful order to kill every military age Iraqi male on sight, and both he and First Sergeant Geressy instructed the soldiers that they did not want them to take prisoners. These orders violate the Geneva Conventions.

 

Please note that the law, in this case, has failed to follow the Nuremberg principles or to bring out the full truth in the courts-martial of Clagett and Hunsaker. Nevertheless, the sworn testimony by Colonel Johnson and the documents referred to above have supplied the facts which the law failed to uncover. I ask you to take these facts into account and apply common sense to them.

 

Prior to the Nuremberg trials and principles, the Army showed common sense in a very similar case. In the court-martial of Sergeant West, West was initially sentenced to a life sentence but the sentence was commuted to six months and he was reinstated in the Army. The incident in question is referred to as the Biscari Massacre, and it occurred in Sicily in 1943 under the command of General George Patton. The circumstances in the Biscari Massacre and the Operation Iron Triangle killings are very similar. General Patton and Colonel Steele’s speeches to the soldiers were very similar (incidentally, you may find Colonel Steele’s speech on You Tube). Patton told his soldiers to take no prisoners, and that he wanted his soldiers to be a “division of killers.” Patton said in his speech, regarding the fascist enemy: “We will show him no mercy,” and, “if he wishes to surrender, oh no! That bastard will die! You will kill him.” Like in the Operation Iron Triangle cases, General Patton did not testify.[1]

 

But unlike the Operation Iron Triangle cases, General Eisenhower and other generals and colonels admitted to themselves that “Patton’s conduct had been in violation of the Geneva Convention of 1929,” and that Patton was ultimately responsible for what his men did. Common sense and an American sense of justice—which does not reside only in the law, but in American culture as a whole—prevailed.

 

Ladies and gentlemen of the various boards that will consider PFC Corey Clagett’s clemency and parole, I ask you to consider: Colonel Johnson already made history by courageously and honorably testifying, under oath, as to the toxic command climate in Colonel Steele’s brigade. Do not let his historic testimony go to waste. Do not make Operation Iron Triangle an incident that historians will one day cite as a shameful incident for the leadership of the US Army, followed by the shameful scapegoating of low-ranking soldiers for the evils set into motion by their commander. Follow the honorable precedents already established by General Eisenhower in the Biscari massacre case and the Nuremberg trials. Release the “little people” in this case, which means at this time, Corey Clagett, to be followed by the release of William Hunsaker. Give them the general discharges they deserve for the honorable service and sacrifice they made for America. Follow the pattern of genuine American justice, and American common sense. Turn this shameful episode in US military history into something honorable, like General Eisenhower did.

 

Yours sincerely,

 

 

Stjepan G. Mestrovic, Ph.D.

Professor of Sociology

 

CC: Mr. Robert Gates, Secretary of Defense

       Mr. John M. McHugh, Secretary of the Army  




[1] For documentation, see James J. Weingartner, “Massacre at Biscari: Patton and an American War Crime,”  The Historian 51(1):24-39, 1989

Stjepan G. Mestrovic, Ph.D.

Professor of Sociology

He Dr. Mestrovic, who is a professor of sociology at Texas A&M University, and a distinguished expert witness on war crimes, has published two books about Operation Iron Triangle and Corey. The books are titled: Rules of Engagement? A Social Anatomy of an American War Crime—Operation Iron Triangle, Iraq and The Good Soldier on Trial: A Sociological Study of Misconduct by the US Military Pertaining to Operation Iron Triangle, Iraq. Both books are published by Algora and are available from Algora, Barnes & Noble, and Amazon.

 

Dr. Mestrovic relies upon primary sources, sworn statements, records of trial, and a host of official documents to show, beyond any doubt, that the Army treated Corey and the other accused soldiers the same way that it treats detainees at Abu Ghraib and Guantanamo. Corey and the other soldiers were deliberately sleep-deprived, chained, put into stress positions, and even forced to sleep and shower in chains. They were subjected to solitary confinement. The author quotes from the record of trial to show that Corey was charged with “disrespect,” which is a crime punishable under the Uniform Code of Military Justice, for simply asking for a pencil so that he could draw while he was in solitary confinement. He quotes from the records of trial to show that Corey was not given Miranda warnings. He quotes CID investigators who admitted under oath that they shredded testimony they did not like and coerced, threatened, and intimidated the entire platoon of soldiers into giving testimony that CID wanted. He documents innumerable instances of misconduct by prosecutors, investigators, judges, and commanders.

 

In addition, Dr. Mestrovic includes numerous documents and reports which demonstrate that evidence that was favorable to Corey and the co-accused soldiers was suppressed. For example, he includes the entire report by Major Sullivan, which concluded that no crimes were committed during Operation Iron Triangle and that no charges should be pressed against Corey or any other soldier. This report was not shown to the defense attorneys until after Corey and the other soldiers were court-martialed and sent to prison.

 

The Good Soldier on Trial offers the most comprehensive and best-documented account of the tragic mission that was Operation Iron Triangle, of the toxic command climate that led to the tragedy, and of the egregious misconduct by the US military as they turned Corey and other soldiers into scapegoats.  The chief prosecutor at the Nuremberg trials, Robert Jackson, said: “The common sense of mankind demands that law shall not stop with the punishment of petty crimes by little people.” Corey and the other co-accused soldiers were the “little people” on this flawed mission who did their best to be good soldiers. Mr. Jackson also said that the law must pursue “men of station and rank who do not soil their own hands with blood.” None of the commanders who issued the unlawful order for this mission, to kill every military aged Iraqi male on sight, were ever indicted or even called to testify or be cross-examined.  Follow this link to view the book on Amazon:

http://www.amazon.com/Good-Soldier-Trial-Sociological-Misconduct/dp/0875867413/ref=tmm_pap_title_0

Army Clemency and Parole Board

c/o Corey Clagett 82477

1300 N Warehouse Road

Fort Leavenworth, KS 66027-2304

 

 Dear Members of the Clemency Board:

 

Incarcerated since June of 2006, PFC Corey Clagett's current prison service is now disproportionate to that served by others who allegedly committed similar acts in following orders during the course of their service defending our country while in Iraq.  He should be immediately discharged, and his name and record should be cleared.  He has served a major portion of his sentence.  His release would be in the best interest of society, the services, and this prisoner.

 

Below follow results of sentences served by others who allegedly committed similar acts with regard to the circumstances of this sentence:

 

1.   PV Clagett's immediate superior, SSG Raymond Girouard, the person who gave the orders to shoot the al Qaeda insurgents, was released from prison in October of 2009. 

 

2.  Specialist Juston Graber, whose alleged killing of one of the three insurgents Clagett was sentenced for allegedly shooting, received a reduced charge for his “mercy killing,” and a nine-month prison sentence in exchange for his testifying against three other members of his squad.  Instead of receiving a Dishonorable Discharge or a General Discharge from the US Army, Graber was allowed to re-enlist and, following his return from his 3rd combat deployment, Graber was promoted to the rank of Staff Sergeant (SSG) on October 1, 2009.

 

3.   1SG Geressy, the officer who put the order for the killings in motion, under Steele's ROE, by asking on his radio why there were prisoners and why had not these insurgents been killed, received a Silver Star for “exposing himself to direct enemy fire to instill confidence in his men” and “to destroy the enemy.”  Perhaps his men would have more confidence if Geressy served a prison sentence in their stead for his orders to “destroy the enemy.” 

 

4. As a result of the cancellation of Clagett’s trial, COL Michael Steele, who gave the ROE responsible for the killing of the insurgents, never had to testify in court nor serve any time in prison. 

 

PV Clagett was an exemplary soldier, selected by his superior officers to be part of the unit that participated in the Operation Murray portion of Operation Iron Triangle.  He is likable and follows orders.  He shows remorse for his participation in the events that led to the deaths of the Iraqi insurgents in May 2006.  He is a bright young man, a talented artist, who is interested in studying business.  He has much to give to his community. 

 

While in prison, however, he has been given such heavy doses of mind-altering medications that his entire body has become numb for months at a time; I spoke by telephone to him many times when he suffered from these medications with numbness and incontrollable shaking that prevented him from being able to write and to draw.  In his letters to me and to his family, his handwriting and his communications regressed from neatly written with adult thinking to a childlike style with immature expressions.  Now that he has been taken off these drugs, both his handwriting and his thinking are clear again.  But, in his formal prison photograph, he is pale, vitamin deficient, and the light has gone out of his eyes; his weight is up from lack of physical activity and from medications that cause weight gain.  Staying in prison longer is detrimental to both his mental and physical health. 

 

This is a man who volunteered and valiantly fought for his country.  He had hopes of being a career military man.  He is one of your best.  He would have made an outstanding officer.  He has served long enough for a crime unproven in court.  For the many reasons I have stated, I appeal to this Board for PV Clagett's Clemency.  Let us balance the scales of justice.  He should be immediately discharged.  His name and his record should be cleared.  I ask you, Members of the Clemency Board, to release from confinement PV Corey Clagett, who has served a greater sentence than those responsible for ordering the killings and whose release would be in the best interest of society, the services and this prisoner.

 

 Sincerely,

 

 Sheryl Levine Guterman

 






 
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