The Army has stated it intends to seek the death penalty for Staff Sargent Robert Bales if he is found guilty of the 16 counts of premeditated murder, six counts of attempted murder and seven counts of assault he is currently being charged with. Bales is accused of leaving his remote outpost in southern Afghanistan, not once, but twice in the early morning hours of March 11 and ambushing two villages. In these villages he shot and stabbed members of several families, at least nine of which were children.
The prosecution is arguing Bales deliberately acted out of rage and was seeking revenge for his friend who got his leg was blown off by a bomb. The defense is arguing that Bales’ mental state was compromised not only by post-traumatic-stress disorder but also by his ongoing use of alcohol, steroids and sleeping aids.
A long string of pretrial hearings included testimony that Bales was alert and coherent when he returned to the base that morning covered in blood. Military prosecutor Maj Steele pointed out statements Bales made after his return to the base that indicated he had “clear memory” of what he had done and was therefore mentally present when he committed them. The pretrial also included testimony from survivors and relatives of those killed in the attack. One testimony came from a seven-year-old girl who recounted hiding behind her father as he was shot and killed.
Bales’ defense team is arguing there is insufficient evidence to take the case to trial and maintains that the Army and its practices carry the greater blame for the killings than Bales himself. “The Army is trying to take the focus off the failures of the Army, which are substantial,” said Sergeant Bales’s lead lawyer, John Henry Browne. The defense points out that Bales was serving his fourth tour in Iraq despite previous treatment for traumatic brain injury and post-traumatic stress disorder. The defense also says the Special Forces were not doing enough to prevent personnel like Bales from obtaining illegal drugs and alcohol during their deployments. In the event that a formal court martial is issued, the trial will be heard by a panel of Army service members. If the panel finds him guilty, the trial will enter a second stage to determine his punishment. The death penalty can only be issued if all members of the panel agree to it.
