Trial Set for Sgt. Joseph Bozicevich in 2008 Double Murder in Iraq, Poss DP

Started by Michael, July 08, 2009, 09:05:13 PM

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Michael

July 08, 2009, 09:05:13 PM Last Edit: September 14, 2010, 01:18:33 PM by Heidi
Soldier Could Face Death Penalty Over Iraq Killings

SAVANNAH, Ga. --  An Army sergeant accused of slaying his superior and another U.S. soldier in Iraq will face a court-martial and could be sentenced to death if convicted, the military said Tuesday.

Army prosecutors say Sgt. Joseph Bozicevich, 39, of Minneapolis shot his squad leader, Staff Sgt. Darris Dawson, and Sgt. Wesley Durbin on Sept. 14 at a joint U.S.-Iraqi patrol base south of Baghdad. Witnesses have said Bozicevich opened fire on the soldiers when they tried to counsel him for poor performance.

Maj. Gen. Anthony Cucolo, commander of the 3rd Infantry Division based at Georgia's Ft. Stewart, ordered a general court-martial for Bozicevich on charges of murder. His decision Tuesday was based on preliminary evidence heard in April at the accused soldier's Article 32 hearing, similar to a civilian grand jury.

If Bozicevich is convicted but not sentenced to death, he would face life in prison without parole, said Fort Stewart spokesman Kevin Larson. No trial date has been set.

Bozicevich's attorney, Charles Gittins, did not immediately return a phone call and e-mail message seeking comment Tuesday evening.

Dawson's stepmother, Maxine Mathis, said she was thankful the military was moving forward with the case. But she said she couldn't support the death penalty for Bozicevich.

"If they could just send him to prison, that wouldn't bother me one bit," Mathis said by phone from Pensacola, Fla. "I just feel in my heart something snapped in that man. I don't know what those young men go through over there."

The home telephone number for Durbin's wife, Brandi Durbin, had been disconnected. There is no listed telephone number for Durbin's parents in Dallas.

At the three-day hearing in April, Gittins said Bozicevich opened fire to protect himself. But Gittins didn't say what happened to make Bozicevich feel threatened enough to reach for his rifle.

Soldiers in Bozicevich's unit testified at the hearing that they were roused from their bunks late at night by gunfire. Some said they saw Dawson fleeing as Bozicevich chased him with a rifle. When Dawson fell, bleeding and mortally wounded, Bozicevich stood over him before being tackled by soldiers who raced to the scene.

Durbin, 26, of Dallas was later found shot in the neck and chest inside the security station where Bozicevich had been on duty. Dawson, 24, of Pensacola, died after being taken to a field hospital in Baghdad.

The soldiers' platoon leader, 1st Lt. Ryan Daly, testified that Dawson planned to pull Bozicevich off patrol duty after he left a soldier behind on a foot patrol the day before the slayings. He said Bozicevich had another problem earlier when he lost one of his grenades. Durbin was to temporarily replace Bozicevich as a four-man team leader.

Soldiers from Bozicevich's unit said it was standard procedure for troops to carry loaded rifles at their base in Iraq. Preliminary testimony indicated Bozicevich, Dawson and Durbin were all armed when the shootings occurred.

Bozicevich was in Iraq on his second combat tour in three years of active duty. He had previously served 15 years in the Army Reserve in Minnesota.



http://www.foxnews.com/story/0,2933,530505,00.html
I´m not sure if there´s a hell, but I believe in executed murderers.

JT

#1
July 21, 2009, 09:11:38 PM Last Edit: April 20, 2010, 05:12:35 PM by Heidi
Trial set for Army sergeant in 2 soldier slayings

FORT STEWART, Ga. (AP) -- A military judge Tuesday set a March trial date for an Army sergeant charged with slaying his superior and another U.S. soldier last year at a patrol base in Iraq.

Army prosecutors are seeking the death penalty against Sgt. Joseph Bozicevich, who was arraigned Tuesday on charges of premeditated murder.

The judge, Col. Tara Osborn, scheduled Bozicevich's court-martial to begin March 29 after conferring with prosecutors and defense lawyers. Bozicevich's attorney, Charles Gittins, said it was an ambitious timetable for a death-penalty trial, but he had no objection.

"We came in with a plan to set a reasonable schedule we thought everyone could live with," Gittins said.

Bozicevich, 39, of Minneapolis is charged with fatally shooting his squad leader, Staff Sgt. Darris Dawson, and Sgt. Wesley Durbin on Sept. 14 at a joint U.S.-Iraqi patrol base south of Baghdad. Witnesses have said Bozicevich opened fire on the soldiers when they tried to counsel him for poor performance.

Maj. Gen. Anthony Cucolo, commander of the 3rd Infantry Division based at Georgia's Fort Stewart, ordered a general court-martial for Bozicevich on charges of murder two weeks ago.

Bozicevich deferred entering a plea at his arraignment Tuesday, which is a typical defense maneuver in military courts. However, accused soldiers cannot plead guilty in death penalty cases.

Lt. Col. John Frost, deputy staff judge advocate at Fort Stewart, said Bozicevich's court-martial could be delayed if attorneys need more time to prepare their cases.

"It's not set in stone," Frost said. "But it very well may happen on that date."

In death-penalty cases, the military requires accused soldiers to be tried by a jury of at least 12 soldiers. Bozicevich will get to choose between a jury panel of all officers or a mix of officers and enlisted soldiers.

Gittins declined to discuss his defense strategy after the hearing Tuesday. But at an April Article 32 hearing, similar to a civilian grand jury, he said Bozicevich opened fire to protect himself. Gittins didn't say what happened to make Bozicevich feel threatened enough to reach for his rifle.

Soldiers in Bozicevich's unit testified at the hearing that they were roused from their bunks late at night by gunfire. Some said they saw Dawson fleeing as Bozicevich chased him with a rifle. When Dawson fell, bleeding and mortally wounded, Bozicevich stood over him before being tackled by soldiers who raced to the scene.

Durbin, 26, of Dallas was later found shot in the neck and chest inside the security station where Bozicevich had been on duty. Dawson, 24, of Pensacola, died after being taken to a field hospital in Baghdad.

The soldiers' platoon leader, 1st Lt. Ryan Daly, testified that Dawson planned to pull Bozicevich off patrol duty after he left a soldier behind on a foot patrol the day before the slayings. He said Bozicevich had another problem earlier when he lost one of his grenades. Durbin was to temporarily replace Bozicevich as a four-man team leader.

Bozicevich was in Iraq on his second combat tour in three years of active duty. He had previously served 15 years in the Army Reserve in Minnesota.

JT's Ridiculous Quote of the Century:
"I'm disgusted with the State for even putting me in this position."
-- Reginald Blanton, Texas death row.  As of October 27, 2009, Reggie's position has been in a coffin.

heidi salazar

FORT STEWART, Ga. -- A Fort Stewart soldier charged with slaying a superior and a fellow U.S. soldier in Iraq is due back in a military court.

A military judge is scheduled Tuesday to hear defense motions in the case of Army Sgt. Joseph Bozicevich (BOZ-eh-vich). The judge may also rule on requests from both prosecutors and defense lawyers to delay his court-martial on murder charges.

Bozicevich, of Minneapolis, could face the death penalty if convicted of murder in the slayings of Staff Sgt. Darris Dawson and Sgt. Wesley Durbin at a patrol base in Iraq in September 2008.

Bozicevich is scheduled to stand trial by a court-martial in June. But attorneys on both sides have asked to postpone it until at least October.

http://www.timesfreepress.com/news/2010/apr/20/soldier-charged-iraq-slayings-back-court/

63Wildcat


In death-penalty cases, the military requires accused soldiers to be tried by a jury of at least 12 soldiers


5 is the minimum of which 3 must be enlisted(if the accused is ennlisted). Usually there is twelve of which 2/3 must be enlisted if it is an enlisted individual on trial.
"..the death of any public servant or innocent is a tragedy... the death of a murderer is a mere statistic..."  -63Wildcat

AS OF TOMORROW I'M TURNING GRAVITY OFF...

heidi salazar

Pre-court martial hearings underway for soldier

FORT STEWART, GA (WTOC) - The pre-court martial hearings against a Fort Stewart soldier on trial for murder continued on Wenesday.

A military judge deferred ruling on several motions put forth by Sgt. Joseph Bozicevich's attorneys, including how many members will be on the court martial panel. The judge will have two more hearings, including one on Thursday, before she makes her decision.

The actual court martial is set to begin on February 7, 2011.

If convicted, Sgt. Bozicevich could face the death penalty for the murders of Staff Sgt. Darris Dawson and Sgt. Wesley Durbin while they were deployed in Iraq.

http://www.wtoc.com/global/story.asp?s=12661381

heidi salazar

Fort Stewart Soldier Accused of Killing Fellow Soldiers in Court

As of now a Fort Stewart Soldier accused of killing two fellow soldiers is facing the death penalty.

During a hearing today lawyers for Sergeant Joseph Bozicevich argued that the military has no system to decide when the death penalty should be imposed.   

The trial is set to start in February of next year.

It was supposed to start last month but because of delays in the case it's been postponed several times.

He's accused of killing Staff Sergeant Darris Dawson and Sergeant Wesley Durbin at a patrol base in Iraq in 2008.

All were members of the Fourth Brigade Combat Team.

http://www2.wsav.com/news/2010/jul/21/fort-stewart-soldier-accused-killing-fellow-soldie-ar-607764/

heidi salazar

Death Penalty in Play for 3rd ID Soldier

A Third Infantry Division Soldier accused of killing two fellow soldiers in 2008 could face the death penalty if he's convicted.

Today Military Judge Colonel Tara Osborn denied a defense motion to take execution off the table.

Sergeant Joseph Bozicevich is accused of murdering a superior and a fellow soldier in the Fourth Brigade Combat Team.

Sergeant Wesley Durbin and Staff Sergeant Darris Dawson were both killed at a patrol base while deployed to Iraq.

The defense told News Three they were not surprised by the judge's decision, but say they were routine motions for a capital case.

"If you haven't raised that issue you may have waived it at the trial so we have to raise all these issues because the law may change in the course of the appellate review of this case," explains Defense Attorney Charles Gittins.

The defense now wants to travel to Iraq to interview witnesses and see the crime scene. The prosecution opposes that request. They say witnesses can be interviewed stateside.

That issue is expected to be taken up in September...the trial is scheduled to begin in February.

http://www2.wsav.com/news/2010/aug/27/death-penalty-play-3rd-id-soldier-ar-758461/

heidi salazar

Ft. Stewart soldier due in court

A Fort Stewart soldier charged with killing two members of his Army unit in 2008 is due back in court for a hearing on whether the military should pay for his defense team to travel to Iraq.

Attorneys for Sgt. Joseph Bozicevich are scheduled to tell a military judge Tuesday why they should be granted the trip on the government's dime to interview Iraqi witnesses and investigated the crime scene.

Prosecutors have said the trip would be unnecessary.

Bozicevich of Minneapolis is charged with murder in the September 2008 slayings of Staff Sgt. Darris Dawson and Sgt. Wesley Durbin at a joint U.S.-Iraqi patrol base south of Baghdad. He could face the death penalty if convicted by a court-martial.

http://www.wtoc.com/global/story.asp?s=13148897

AnneTheBelgian

http://beta.coastalcourier.com/section/2/article/27703/

Soldier's murder trial delayed

Death penalty case to begin March 28

By Denise Etheridge

Staff Writer

POSTED: January 13, 2011 9:35 a.m.

The start date in a Fort Stewart soldier's death penalty case has been delayed, to give the defense time to have their experts examine additional evidence and to accommodate witnesses coming to the United States from Iraq.

Sgt. Joseph Bozicevich's court martial will officially begin March 28, and opening statements will be given April 18. The schedule changes were announced Monday during a motion hearing. The hearing continued into Tuesday.

Bozicevich is charged with two counts of pre-meditated murder in the deaths of Staff Sgt. Darris Dawson and Sgt. Wesley Durbin. Bozicevich is accused of shooting and killing the two men on Sept. 14, 2008, while deployed to a base south of Baghdad, Iraq. All three soldiers were assigned to the 3rd Battalion, 7th Infantry Regiment, 4th Brigade Combat Team, 3rd Infantry Division.

Military Judge Col. Tara Osborn announced she had granted Bozicevich's defense attorneys' motion for continuance and had modified the trial schedule.

In late December 2010, evidence including autopsy records, photographs and metal fragments recovered from the crime scene were received by the court. Osborn had granted the defense team's request to travel to Iraq to interview witnesses and verify evidence and testimony gathered by the Army's Criminal Investigation Division in November 2010.

The judge also told the court the U.S. State Department was concerned about when witnesses would arrive and how long they would stay in the country. The witnesses Osborn referred to are Iraqi soldiers who were on the forwarding operating base when the shootings occurred.

In addition, defense and government attorneys sparred over whether one of the witnesses, Army Sgt. 1st Class John Dresel, would lie when called to testify.

Military defense attorney Maj. Amilcar Hernandez argued Dresel was not of good character and would likely fabricate facts when called to the stand because he was arrested by the Liberty County Sheriff's Office in 2009 on an aggravated stalking charge and had a number of restraining orders filed against him.

Government attorney Capt. Jacqueline Grieser countered Dresel had never been convicted of a felony and said the witness's alleged misconduct occurred after the shootings in Iraq. Grieser added Dresel's alleged offenses were in no way connected to the Bozicevich case. She said casting doubt on Dresel's character would result in a "trial within a trial" and would "ultimately distract the panel" from considering the case against Bozicevich.

Osborn had not ruled on whether to disallow Dresel's testimony by press time Tuesday.









Photo : The murderer  Sgt. Joseph Bozicevich >:(











Anne
"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

AnneTheBelgian

#9
March 10, 2011, 08:20:11 PM Last Edit: March 28, 2011, 05:05:18 PM by AnneTheBelgian
http://www.therepublic.com/view/story/8beb76007028462bbc459f2fb2111079/GA--Soldiers-Slain-Iraq/

Ga. soldier facing death penalty asks Army court for new lawyer with capital experience

* RUSS BYNUM 

Associated Press

* First Posted: March 10, 2011 - 2:03 pm
     
* Last Updated: March 10, 2011 - 2:03 pm

SAVANNAH, Ga. --

A Fort Stewart solider facing a court-martial in the slayings of two fellow U.S. soldiers has asked an Army appeals court to stop the proceedings and appoint him a new attorney who has death-penalty experience.

Sgt. Joseph Bozicevich said in a filing Thursday with the Army Court of Criminal Appeals it would violate his right to effective counsel if he faces the death penalty in a military court with his current defense attorneys, who have never handled a death penalty case.

Bozicevich is charged with murder in the September 2008 slayings of his squad leader, Staff Sgt. Darris Dawson, and Sgt. Wesley Durbin at a patrol base in Iraq.

The trial judge, Col. Tara Osborn, has twice denied requests by defense attorneys to appoint an experienced capital lawyer.












Anne
"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

AnneTheBelgian

http://www.news4jax.com/news/27344848/detail.html

Jury Selection Begins In Ft. Stewart Court-Martial

POSTED: Monday, March 28, 2011

UPDATED: 12:43 pm EDT March 28, 2011

FORT STEWART, Ga. -- Attorneys are trying to pick a military jury at Fort Stewart to hear the court-martial of an Army sergeant who could face the death penalty if convicted of murdering a superior and a fellow U.S. soldier in Iraq nearly three years ago.

Jury selection in the trial of Sgt. Joseph Bozicevich is scheduled to start Monday. At least 12 soldiers must be chosen as jurors to her the case in the September 2008 slayings.

Prosecutors said Bozicevich of Minneapolis fatally shot his infantry squad leader, Staff Sgt. Darris Dawson, and a fellow team leader, Sgt. Wesley Durbin, at a joint U.S.-Iraqi patrol base after they counseled him for poor performance.

An Army judge has set aside three weeks for jury selection. The trial isn't scheduled to open until mid-April.













Anne
"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

AnneTheBelgian

http://www.miamiherald.com/2011/04/06/2153806/ga-soldier-denied-new-lawyer-for.html

Thursday, 04.07.11

Posted on Wednesday, 04.06.11

By RUSS BYNUM

Associated Press

SAVANNAH, Ga. -- An Army appeals court has refused to intervene in the court-martial of a Fort Stewart sergeant who says he's entitled to an attorney with experience defending death-penalty cases before he stands trial on capital charges that he murdered a superior and a fellow U.S. soldier in Iraq.

Jury selection has been under way for more than a week in the court-martial of Sgt. Joseph Bozicevich and his trial is scheduled to start later this month. The accused infantryman asked the Army Court of Criminal Appeals last month to halt the trial proceedings and order the trial judge to appoint him a new lawyer.

The court denied Bozicevich's request Tuesday without elaboration. It typically doesn't get involved in cases before they go to trial.

Charles Gittins, Bozicevich's civilian defense attorney, argued the appeals court should make an exception in this case. Bozicevich, 41, of Minneapolis faces the death penalty if a military jury convicts him of murder in the September 2008 slayings of his squad leader, Staff Sgt. Darris Dawson, and Sgt. Wesley Durbin. Witnesses say the victims were shot at their infantry unit's patrol base after they counseled Bozicevich for poor performance. Dawson was from Pensacola, Fla., and Durbin from Dallas.

While Bozicevich has three lawyers on his defense team, none of them has ever handled a death penalty case. Gittins has argued for the past year that the Army should appoint and a pay for another lawyer with capital experience, saying Bozicevich won't get a fair trial otherwise.

The trial judge, Col. Tara Osborn, has twice denied the defense request. She's ruled that Bozicevich's lawyers have enough trial experience and help from government-funded experts to provide an effective defense.

Gittins did not immediately return a message seeking comment Wednesday.

Six military jurors have been seated to hear the case since jury selection started March 29. At least 12 jurors of rank equal to or higher than Bozicevich's are required to hear the case.

The trial is scheduled to begin April 18, or later if necessary.












Anne
"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

AnneTheBelgian

http://www.seattlepi.com/news/article/US-soldier-on-trial-in-Iraq-slaying-of-2-comrades-1344874.php

Wednesday, April 20, 2011

US soldier on trial in Iraq slaying of 2 comrades

GREG BLUESTEIN, Associated Press

Updated 07:26 a.m., Wednesday, April 20, 2011

FORT STEWART, Ga. (AP) -- An Army sergeant is set to stand trial in Georgia on capital charges that he murdered a superior officer and a fellow U.S. soldier in Iraq.

Opening statements in the court-martial of Sgt. Joseph Bozicevich (BOZ-eh-vich) of Minneapolis are set to begin Wednesday after the conclusion of more than a week of jury selection. The trial at Fort Stewart is expected to last several months.

The 41-year-old infantryman faces the death penalty if a military jury convicts him in the September 2008 slayings of his squad leader, Staff Sgt. Darris Dawson, and Sgt. Wesley Durbin. The shootings took place at a patrol base south of Baghdad.

Witnesses say the victims were shot after they counseled Bozicevich for poor performance.












Anne


"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

AnneTheBelgian

http://www.washingtonpost.com/national/georgia-soldier-says-he-killed-2-comrades-in-iraq-because-he-believes-life-was-threatened/2011/05/10/AFpU2EiG_story.html

Defense opens in Ga. trial of Army sergeant facing death in slayings of 2 US soldiers in Iraq

By Associated Press, Published: May 10

Copyright 2011 The Associated Press.

FORT STEWART, Ga. -- An Army sergeant facing a possible death sentence wept Tuesday as he told a court-martial that he killed two fellow U.S. soldiers in self-defense, insisting he fired his rifle blindly while trying to escape after they threatened him with guns aimed at his head.

"I sprayed and I prayed," Sgt. Joseph Bozicevich testified as he recalled the September 2008 shootings at a small patrol base in Iraq. "I did what I had to do to defend myself."

Bozicevich's attorney, Charles Gittins, meanwhile told a 12-member military jury that the accused soldier suffered mental delusions that played a role in the killings of his squad leader, Staff Sgt. Darris Dawson of Pensacola, Fla., and Sgt. Wesley Durbin of Dallas.

More than two years after the slayings, Bozicevich's courtroom testimony marked the first time anyone has heard the infantry soldier's version of what preceded the slayings.

Prosecutors say 41-year-old Bozicevich of Minneapolis opened fire on the men in anger after they critiqued him for blunders during the course of his duties. They were writing up Bozicevich for losing a grenade, losing his direction during a march and leaving behind a fellow soldier on a foot patrol.

Bozicevich said there's more to the story. He testified both men confronted him alone inside the base's communications station, showed him the paperwork and ordered him to sign. Bozicevich said he refused, worried that he'd lose his rank if he signed the papers. His refusal, he said, caused Durbin and Dawson to draw their rifles and aim at his head.

From that point, the accused soldier's story takes a turn into full-blown conspiracy.

He said Durbin told him, "I know how to kill you and get away with it and Dawson gloated: "Your career is over. We got you."

"Who is we? The Black Masons?" Bozicevich said he replied.

He testified that Dawson confirmed his suspicion, saying, "We Masons do what we want to do."

Dr. Thomas Grieger, a forensic psychiatrist hired by Bozicevich's defense team, testified that he believes the soldier suffers from delusions that there are "various individuals or organizations plotting against him to prevent him from advancing in his military career."

Grieger, who interviewed Bozicevich four times, said nothing suggests Bozicevich experiences hallucinations. But he testified delusional thinking likely contributed to Bozicevich opening fire on the two soldiers.

"He could have easily viewed a confrontation not intended to be specifically threatening to be as such because of the delusions," Grieger said.

No one else was in the room with Bozicevich, 24-year-old Dawson and 26-year-old Durbin when the fighting broke out. Bozicevich was the only one to survive their confrontation.

He told jurors that he managed to disarm both men with martial-arts moves that knocked their rifles to the floor and swept Durbin's legs out from beneath him -- a series of quick hand jabs that Bozicevich demonstrated in the courtroom.

Bozicevich said he grabbed his own rifle and ran out the same door where Dawson had just fled. As he tried to escape, Bozicevich said, Dawson ambushed him outside by throwing sand in his face and kicking him in the groin.

Bozicevich said he was blinded and could barely breathe. When Dawson pulled away after a brief scuffle, Bozicevich said he raised his rifle and started firing bursts of bullets.

He said he then stood up, cleared his eyes and saw the door to the communication station starting to open with a gun barrel poking through. Figuring Durbin was behind the door, Bozicevich said, he fired several shots inside.

He said he then saw a silhouetted figure lying on the ground pointing a rifle toward him. Bozicevich said he ran toward the figure, firing his own gun. He insisted he ran out of ammo before he came up on the figure and saw Dawson wounded and bleeding.

"I just remember him crying and saying, 'I'm sorry, Sgt. Bozicevich. Please don't kill me.'"

Other soldiers in the infantry unit have testified they saw Bozicevich chasing Dawson and firing. One witness said he saw Bozicevich stand over the mortally wounded soldier and shoot him again.

All three soldiers served in the same infantry unit of the Fort Stewart-based 3rd Infantry Division. The slayings occurred while Bozicevich was in Iraq on his second combat tour in three years on active duty. He had previously served 15 years in the Army Reserve in Minnesota.














Anne


"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

AnneTheBelgian

http://beta.bryancountynews.net/section/38/article/13163/

Mistrial in soldier murder case denied

By Denise Etheridge

Correspondent

UPDATED: May 18, 2011 2:15 p.m.

A sixth motion for mistrial was denied Tuesday in the capital case of Fort Stewart soldier Sgt. Joseph Bozicevich.

Bozicevich, 41, of Minneapolis, Minn., is charged with two counts of pre-meditated murder in the deaths of Staff Sgt. Darris Dawson and Sgt. Wesley Durbin. He is accused of shooting and killing the two men Sept. 14, 2008, while all three were deployed to Patrol Base Jurf at Sahkr, Iraq.

Bozicevich could face the death penalty if a jury of 12 commissioned and non-commissioned officers hands down a unanimous guilty verdict. He He entered a not-guilty plea in March. 

Military Judge Col. Tara Osborn denied the motion but will allow the defense to have its court psychiatrist testify on witness interview reports, according to Fort Stewart spokesman Kevin Larson. However, Osborn will not allow prosecutors to cross-examine or rebut expert testimony, Larson told the Courier in an email.

Bozicevich's defense argued during a motion hearing on Monday that the government should have turned over interview reports and other material concerning "new information" on their client's past paranoid behavior. Prosecutors said the defense could have gathered this information on their own because the witness lists were made available to them.

The defense's court psychiatrist was called to testify on Bozicevich's delusional disorder diagnosis and whether or not having an opportunity to interview more of the accused's friends and co-workers would have impacted the diagnosis and thus the defense's case. Bozicevich's civilian defense attorney, Charles Gittens, argued that the government's interview reports should have been disclosed because the information they contained significantly would have substantiated his client's mental-health diagnosis.

Government attorney Jacqueline Grieser responded that information
contained in the interviews simply would serve as "character evidence."
"The tenor of these interviews is that the accused is violent and angry," Grieser said. She added the prosecution had not suppressed or failed to disclose any information requested by the defense.

Gittins quoted from pages of the interviews to demonstrate his client had exhibited paranoid behavior years before the shooting. Bozicevich was described in the reports as "a very strange guy," having "odd thoughts" and exhibiting bizarre behavior such as punching trees. He allegedly told fellow soldiers prior to the shootings that he was afraid of being booted out of the Army, according to the defense.

Osborn also issued a written ruling this week denying a previous motion for mistrial. The defense had requested a mistrial last week, claiming the prosecution had failed to share information about a 2004 altercation involving Dawson -- one of the victims -- and a gun. The judge ruled the information was inadmissible because Bozicevich had no knowledge of the event and it only would serve to confuse the jury.















Anne
"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

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