LEAVENWORTH — Her prayer went unanswered.

At a September rally in Leavenworth, Vicki Behenna from Edmond, Okl., gave details about her son’s court martial, conviction and appeal.

“We’re praying that Michael’s conviction will be reversed and he will join us home,” she said. “We’re praying for a decision by Christmas.”

The Behenna family was disappointed Wednesday to learn their son’s Dec. 2 appeal to the Army Clemency and Parole Board was denied.  They had hoped for a suspended sentence and immediate parole in time for Christmas.

Letters of support from the Governor of Oklahoma, the Oklahoma Attorney General, and the entire Oklahoma Congressional Delegation had no effect. Three letters offering immediate employment upon his release had no effect.

A decision from the Army Court of Criminal Appeals from a hearing on Dec. 9 may not be known for 3 to 15 months.  Michael’s family and a courtroom of supporters drove many hours to attend that hearing in Arlington, Va.

Vicki Behenna and her husband Scott travel to Leavenworth most weekends and are spending as much time as allowed with their son on Christmas Eve and Christmas Day.

During a lunch break while visiting their son on Christmas Eve at Ft. Leavenworth, the Behennas said their son and his two brothers enjoyed playing board games much like at home on Christmas.  Vicki Behenna said “we have just changed the venue” but “it’s not a great place … it’s not as comfortable”  as their living room at home in Oklahoma.   “The most important thing is the family is together.”

Vicki Behenna said their fight continues to obtain justice for him.  “All we’ve ever asked the Army to do is grant Michael a fair trial where all the evidence is heard.”

Behenna’s appeal tries to convince the military court that analysis from the prosecution’s forensic expert was not given to the defense at the trial.  Vicki Behnna said the prosecution’s expert sent an E-mail after Michael Behenna’s conviction telling the prosecutors “you should have provided this information to the defense counsel.”

“If there is anybody that deserves a right to a fair trial, where all the evidence is heard, it should be a U.S. soldier who fought for those rights,” according to Vicki Behenna.

Vicki Behenna is an Assistant U.S. Attorney for the Western District of Oklahoma and Scott Behenna is an FBI analyst.  Scott Behenna said he has 30 years of experience and his wife has 25 years of experience working in criminal justice.

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Appearing in video:

• Vicki and Scott Behenna, Edmond, Okla., parents of imprisoned soldier Michael Behenna:
  Clemency, Appeal, Christmas 2010, Fight continues for justice.
• Joyce Kaufman, WFTL, Ft. Lauderdale, Fla.:  Comments that disciplinary barracks should not be “home of the brave.”
• Larry Mendte, WPIX News, New York City perspective about Sept. 11, 2001.
• Melanie Dianiska, Charleston, S.C., mother of imprisoned soldier Corey Clagett.

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Michael Behenna, 27, was convicted in 2009 and is serving a 15-year sentence at the U.S. Disciplinary Barracks at Fort Leavenworth for unpremeditated murder in a combat zone.  His sentence originally was for 25 years, but that has been reduced.

The Behennas do not understand why their son’s sentence is still 50 percent longer than the sentence given to any soldier convicted of a similar offense.

At the September rally calling for the release of Michael Behenna and his fellow soldiers known as the “Leavenworth 10,” emotions ran strongly along a patriotic route. The “Leavenworth 10″ are serving time at Fort Leavenworth for mistakes they made while trying to survive in combat zones.

Florida talk-show host Joyce Kaufman from WFTL in Fort Lauderdale, Fla., said:

“This is the beginning of a battle that we are going to win. When I hear this beautiful rendition of the Star Spangled Banner the only thought that comes to my mind is if this is the land of the free, the U.S. Military Disciplinary Barracks at Leavenworth should not be the home of the brave.”

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Vicki Behenna: “We’re praying that Michael’s conviction will be reversed and he will join us home … We’re praying for a decision by Christmas.” Her prayer went unanswered.

Watch each family tell the story of their soldier.

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Larry Mendte, WPIX news anchor from New York City gave a unique perspective at the rally recalling the events of Sept. 11, 2001.

“Coming from New York City I do have an unusual, unique perspective on this whole thing. On the day the Towers came down, and on the day the Pentagon and a field in western Pennsylvania were ablaze, a call went out across the country for the strong and the brave to go out and get monsters where they live — the ones that dared to bring that evil to our shore.” Mendte said.

“And tens of thousands responded. They did a thankless and treacherous job. …. They killed monsters. Some of them got medals. Some are fighting still. Some are home with their families. And 10 were sent to Leavenworth for murder. Murder? In war? …

“Those men in Leavenworth, and the men that responded to the call after the Towers came down, did so to fight for your freedom,” he said. “It is your responsibility now to fight for their freedom. Free the Leavenworth 10.”

Other soldiers and families are not so lucky to have holiday reunions at Leavenworth.  Some families do not have the financial means to make the trip to visit their imprisoned soldier.

The nearly 1,200-mile trip from Charleston, S.C., for Melanie Dianiska costs too much for frequent visits to her 25-year-old imprisoned son, Corey Clagett.

Clagett’s New York City Attorney Tim Parlatore said this will be “the fifth Christmas Corey has spent behind bars and away from his family.”   Parlatore added “Corey’s family has suffered for the past five Christmas’ and will not have a truly Merry Christmas until Corey can rejoin them around the tree.”

Parlatore commented about the military and the holidays:

“Military members know when they sign up that the demands of the service will often separate them from their loved ones during the holidays.  They take on this hardship eagerly and willingly to help ensure the safety and security of their families and of all our families. ”

“It is offensive that our government would second guess the decisions that these young men make under enemy fire and then impose draconian sentences that deprive these heroes from spending any more holidays with their families.”

At the September rally, Dianiska said her “son doesn’t deserve to be sentenced to 18 years in Leavenworth for following orders.”

“When I waved goodbye to my son in the car, I never imagined in a million years that my son could have come home in this way,” she said. “He could have come home in a coffin and be presented with an award, and given me a flag, and been called a hero.  Well, he is a hero, and he is alive.  He bleeds like you and I.  He fought for us.  Please fight for him.”

Clagett has spent more than four years in solitary confinement for reasons that are not known.  He is the youngest member of the Leavenworth 10.

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Army Ranger held in Ft. Leavenworth denied clemency for killing Iraqi detainee, KSHB NBC Action News, Dec. 24, 2010.

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Related:

• Addresses of Leavenworth 10 soldiers
• Leavenworth 10 Freedom Ride Facebook Page

• DefendMichael.com web site.  Clemency Denied! Trial Documents.
• CoreyClagett.com web site.  Letter from mom.   Attorney’s page.

• YouTube:  The Soldier’s Christmas Poem
• YouTube:  A Different Christmas Poem:  A Soldier’s Christmas
• YouTube:  A Soldier’s Christmas
• YouTube:  A Soldier’s Silent Night

• PFC Corey Clagett a living casualty of the Iraq war, Conservative Examiner, Dec. 31, 2010.
• Military says soldier had no right of self-defense, The Cypress Times, Dec. 25, 2010.
• Michael Behenna Clemency Denied, Military News, Dec. 24, 2010.
• Michael Behenna’s clemency request denied, NewsOK, Dec. 22, 2010.
• Michael Behenna’s attorney argues for reversal of conviction, says Edmond soldier didn’t get a fair trial, NewsOK, Dec. 10, 2010.
• Lt. Michael Behenna’s Day in Appeals Court, Diana West’s blog, Dec. 9, 2010.
• Behenna family makes clemency case, KOCO.com, Dec. 2, 2010.
• “Leavenworth 10″ families tell their stories, Kansas Watchdog, Sept. 5, 2010.
• “Leavenworth 10″ Freedom Ride, Kansas Watchdog, Sept. 4, 2010.
• U.S. military imprisons warriors for battlefield errors, Washington Times, Sept. 3, 2010.
• Larry Mendte:  Is That Justice?, WPIX TV New York, July 21, 2010.
• Murder at Thar Thar (Clagett’s story), The Post and Courier (Charleston, S.C.),  June 21, 2009.

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Contact: Earl F Glynn, earl@kansaswatchdog.org, KansasWatchdog.org