Lawyers Question Iraq Drowning Case
By ROBERT WELLER, Associated Press Writer
FORT CARSON, Colo. - A second soldier testified Thursday that he spotted two civilians on a riverbank not long after other soldiers are accused of forcing two Iraqis to jump into the Tigris River, killing one.
Staff Sgt. Michael Kay testified that he could tell through his night-vision goggles the men he saw on the bank were civilians, not soldiers. He said his gunner, Spc. Tony Fincher, had spotted them first.
"I told him it was probably the detainees," Kay said.
The "Article 32" hearing that began Wednesday, the equivalent of a preliminary hearing in a civilian court, is to decide whether the three defendants will face court-martial.
Two are charged with involuntary manslaughter in the alleged drowning, while the third faces lesser charges. A man identified by family members in Iraq (news - web sites) as Zaidoun Hassoun allegedly drowned near Samarra on Jan. 3 when he and a cousin were forced to jump in the river after being caught breaking a nighttime curfew.
Defense lawyers are trying to show that it is possible no one actually drowned that night. They said insurgents have frequently faked deaths to embarrass U.S. forces and get soldiers into trouble.
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