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 !!!!
On May 9, 2006, Corey and his squad participated in Operation Iron
Triangle, which took place in the dangerous Thar Thar region of Iraq.
U.S. intelligence had confirmed that the area was 100% controlled by al
Qaeda and was being used as a training camp. Corey and his squad were
informed that the Rules of Engagement were to kill all military-aged
males in the area. They were also told to expect heavy resistance
because a Special Forces Unit had previously suffered casualties while
in the area.
A Blackhawk helicopter dropped Corey’s squad off
on an island consisting of two homes. The squad then approached one of
the homes and discovered three military-aged males using two women as
human shields. Corey’s squad handcuffed and detained the three men
while the squad leader, Staff Sergeant Girouard, radioed Command to
report the three detainees. The response was, “Why aren’t these
terrorists dead yet?”
Girouard held a meeting of the entire
squad. He then ordered Corey and another soldier, William Hunsaker, to
kill the three detainees. Corey and Hunsaker were coincidentally the
two lowest-ranked members of the squad.
Following the meeting,
Girouard cut off the detainee’s zip-ties and ordered Corey and Hunsaker
to shoot them. Corey recognized that he had been given an unlawful
order. However, he knew the Rules of Engagement were to “shoot to
kill.” Corey was aware of the Intelligence and knew that under the new
“catch and release” program, the detainees would likely be released
very quickly. These consequences weighed heavily on Corey as these
detainees, once released, would most likely provide damaging
intelligence to al Qaeda or even kill other U.S. soldiers. As the
youngest and lowest ranking member of the squad, he was fearful of the
consequences of disobeying the order.
Corey decided to follow
the order and accompanied by Hunsaker, told the detainees to run away
and then began to shoot, killing two of them. The third detainee was
found alive and barely breathing. However, the squad doctor believed
there was no way to save him. As such, Girouard ordered Specialist
Graber to put the third detainee out of his misery. Graber shot the
mortally wounded man in the head.
Girouard, in an attempt to
make the killing seem justified, decided to create the appearance that
the detainees had attacked Corey and Hunsaker while attempting to
escape. Prior to returning to base camp, Girouard instructed Corey and
Hunsaker on the manner in which they would cover up the shooting.
Two
days later, command authorities began a criminal investigation into the
deaths of the detainees. Corey and Hunsaker were instructed by Girouard
to “stick to the story.” Girouard even threatened other members of the
squad in order to keep them quiet. The investigation eventually
uncovered the actual events of that day and Corey was charged with the
deaths of the detainees, along with Hunsaker and Girouard.
During
his pre-trial confinement in Kuwait, Corey was abused by American
guards. He would often go unfed. He was forced to sleep while chained
in the fetal position. He was subjected to 24 hours of bright lights.
He was held in solitary confinement for 23 hours a day, enduring
harsher conditions than the terrorists at Guantanamo Bay. Finally,
after being threatened with the prospect of life in prison or the death
penalty, Corey decided to plead guilty to murder. He agreed to
cooperate with the government and testify against Girouard. Corey was
then sentenced to 18 years in prison.
Incredibly, despite the
extent of Girouard’s involvement, he was found guilty of a lesser
included offense. He was sentenced to 10 years in prison and released
after 3. Additionally, Graber, who was charged with the mercy killing
of the third detainee, served only 9 months in prison. Following his
release, he was redeployed to Iraq and was subsequently promoted.
Corey
has served his time at the Fort Leavenworth Prison complex in Kansas.
Corey was recently placed in a normal cell, after nearly four years of
solitary confinement. In May or June of this year, Corey will appear
before the Army Clemency and Parole Board in hopes of securing an early
release to a facility where he can receive the type of treatment he
deserves.
Timothy Parlatore, of the Law Offices of Eric Franz,
P.L.L.C., was recently retained to handle Corey’s case. A graduate of
Brooklyn Law School and the US Naval Academy, Mr. Parlatore, served two
deployments to the Middle East as a Lieutenant. Since his graduation
from law school, Mr. Parlatore has earned a reputation as a respected
defense attorney in New York City. Mr. Parlatore retained the authors
of this article to assist in researching and writing the Clemency
Petition. We have combined to construct the most effective strategy for
obtaining Corey’s freedom.
We are approaching Corey’s case from
all angles. From the legal angle, we anticipate presenting four main
arguments for Corey’s Clemency. In brief, the four arguments are as
follows:
1. The punishment does not fit the crime. Corey was
placed in a war zone in which he was instructed to kill “all military
aged men.” The “victims” were all confirmed by Intelligence to be Al
Qaeda Operatives. 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.
2. 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.
3. Corey’s
punishment is disproportionately harsher than those who were involved
in the crime and those who have engaged in similar crimes. SSG Girouard
received a sentence of 10 years in confinement and is already out on
parole. SPC Graber 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.
4. 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, due to the defendant’s
cooperation. 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 extend lower sentences to
defendants who do cooperate. In light of Congressional intent, and
Corey’s open cooperation with the government in this matter, Corey’s
sentence should be considered served.
We are also pursuing a
public support angle. In addition to reaching out to a number of
elected officials for their endorsement, we are working to obtain the
support of key military officials familiar with Corey’s case. Letters
from these officials will be important in demonstrating the fundamental
unfairness of Corey’s sentence. Similarly, we have received and
anticipate further letters of support from family and friends on
Corey’s behalf. These letters will be vital to demonstrating Corey’s
good character.
The legal team is also taking Corey’s case to
the Internet. A website has been constructed and we encourage you to
visit it at www.coreyclagett.com. Additionally, a “Free Corey Clagett”
Facebook page is now up and running. We ask anyone and everyone with a
Facebook account to join the Facebook group, post supportive comments,
and solicit others to join the “Free Corey Clagett” Facebook page. Our
intention is to present the numbers of online supporters as evidence of
general public support of Corey’s Clemency.
Finally, we hope
to obtain media coverage of Corey’s story. We believe that once Corey’s
story becomes more prominent, public support for his Clemency will
skyrocket. As such, we will be soliciting key writers from widely
disseminated publications for full coverage of Corey’s story and
petition for Clemency.
