Washington: A US soldier will be charged with 17 counts of murder stemming from the killings of civilians in a rampage in southern Afghanistan, a US official said on Thursday.
The official, confirming the murder charges on condition of anonymity, also said Army Staff Sergeant Robert Bales would be charged with six counts of assault and attempted murder.
Mr Bales, 38, is alleged to have walked out of his base in the southern province of Kandahar under cover of darkness on March 11 and killed 17 people in two nearby villages, including women and children, and burning some of their bodies. He later returned to his base and gave himself up.
The killings came at an already tense time for US-Afghan ties after the burning of Qurans by Americans, deadly anti-American protests and an earlier video that showed US Marines urinating on the bloodied corpses of Taliban militants.
Initially transferred to a US base in Kuwait, Bales was placed on Friday at the Fort Leavenworth military prison in Kansas, where he is being held in an isolation cell.
Under the US military justice system, prosecutors draft charges to be filed against an accused soldier, present them to his unit commander, who must then decide whether there is enough evidence to believe a crime was committed.
His lawyer John Henry Browne visited his client for the first time on Monday and Tuesday, telling reporters that Bales suffered from amnesia.
The lawyer said he would not put forward an insanity defense in any proceedings, but could pursue the case on the grounds of "diminished capacity" due to an emotional breakdown.
Mr Browne said last week that Bales had recently been under stress, which was heightened when he witnessed a fellow soldier seriously wounded by stepping on a mine.
The US media reported that Mr Bales, who in addition to Mr Browne also has a military lawyer and his wife were enduring financial problems.
If the defense can convince jurors the attack was not premeditated, the maximum sentence would be life in prison and could include the possibility of parole after ten years.
The goal is "attacking the level of intent," said Daniel Conway, a military defense attorney who is not involved in the case.
A conviction on premeditated murder can result in the death penalty or life in prison without possible parole.
"It makes a world of difference for his client," Conway told Agence France Presse (AFP).
But his lawyers are playing with a double-edged sword by announcing their intentions, Conway said, because investigators will be on alert for any evidence that goes against diminished capacity.
Military juries are also not inclined to put much store in arguments that injuries, post-traumatic stress disorder or financial problems result in diminished capacities, he said.
The official, confirming the murder charges on condition of anonymity, also said Army Staff Sergeant Robert Bales would be charged with six counts of assault and attempted murder.
Mr Bales, 38, is alleged to have walked out of his base in the southern province of Kandahar under cover of darkness on March 11 and killed 17 people in two nearby villages, including women and children, and burning some of their bodies. He later returned to his base and gave himself up.
The killings came at an already tense time for US-Afghan ties after the burning of Qurans by Americans, deadly anti-American protests and an earlier video that showed US Marines urinating on the bloodied corpses of Taliban militants.
Advertisement
Initially transferred to a US base in Kuwait, Bales was placed on Friday at the Fort Leavenworth military prison in Kansas, where he is being held in an isolation cell.
Advertisement
Under the US military justice system, prosecutors draft charges to be filed against an accused soldier, present them to his unit commander, who must then decide whether there is enough evidence to believe a crime was committed.
Advertisement
His lawyer John Henry Browne visited his client for the first time on Monday and Tuesday, telling reporters that Bales suffered from amnesia.
Advertisement
The lawyer said he would not put forward an insanity defense in any proceedings, but could pursue the case on the grounds of "diminished capacity" due to an emotional breakdown.
Advertisement
Mr Browne said last week that Bales had recently been under stress, which was heightened when he witnessed a fellow soldier seriously wounded by stepping on a mine.
The US media reported that Mr Bales, who in addition to Mr Browne also has a military lawyer and his wife were enduring financial problems.
If the defense can convince jurors the attack was not premeditated, the maximum sentence would be life in prison and could include the possibility of parole after ten years.
The goal is "attacking the level of intent," said Daniel Conway, a military defense attorney who is not involved in the case.
A conviction on premeditated murder can result in the death penalty or life in prison without possible parole.
"It makes a world of difference for his client," Conway told Agence France Presse (AFP).
But his lawyers are playing with a double-edged sword by announcing their intentions, Conway said, because investigators will be on alert for any evidence that goes against diminished capacity.
Military juries are also not inclined to put much store in arguments that injuries, post-traumatic stress disorder or financial problems result in diminished capacities, he said.
COMMENTS
Advertisement
As Afghan Earthquake Kills Over 2,000, A Look At Its History Of Quakes Unarmed Afghan Men Routinely Shot Dead By UK Elite Forces: Report Wales Spoil Ukrainian Dreams To Reach First World Cup In 64 Years Parents Gave Names Of Interns, Doctors To CBI In Kolkata Horror: Sources Who Is Jasveen Sangha, "Ketamine Queen" Charged With Matthew Perry's Death How Extreme Weather Is Leading To Rise In Child Marriages In Pakistan 'INDIA' Is with You Against "Injustice": Rahul Gandhi To Arvind Kejriwal "Strong Indications" Bangladesh Security Forces Used "Unnecessary" Force: UN Delhi Experienced 15 Consecutive Days Of Rainfall, Says Weather Department Track Latest News Live on NDTV.com and get news updates from India and around the world.