Victim wants death penalty for Fort Bragg sniper

[Hoss68]

April 06, 2004

Victim wants death penalty for Fort Bragg sniper

Associated Press



FAYETTEVILLE, N.C. — The military has about a week to decide whether to challenge an Army appeals court panel’s ruling that overturned the death sentence for a Fort Bragg soldier who killed an officer and wounded 18 other soldiers in a 1995 sniper attack.

The three-judge panel ruled that inexperienced military lawyers inadequately represented Sgt. William J. Kreutzer, now in the military prison at Fort Leavenworth, Kan. It added that the court martial judge erred by denying them expert assistance for making an argument for mitigating circumstances — that Kreutzer suffered from lifelong mental illness.

Some of those wounded in the Oct. 27, 1995 shooting disagree with the panel’s ruling, saying Kreutzer deserves the death penalty.

“The fact is still that he did it, he knew he did it, he was there, people saw him, he admitted it,” said Robert Lane, who is 33 and says he still suffers from nerve damage and psychological problems. “I don’t understand why there would be any complication with it.”

Lane was a specialist in the 82nd Military Police Company on the day of the shooting. He and about 1,300 other soldiers from the 82nd Airborne Division stood in formation in a small athletic field, preparing for a run. Then shots came out of the darkness. A bullet sliced Lane between his legs and in other places.

Kreutzer had pleaded guilty before a court-martial to killing Maj. Stephen Badger. But prosecutors refused to accept the plea.

He was convicted of premeditated murder and 18 counts of attempted premeditated murder, and prosecutors pushed for the death penalty. Last month, the panel of the Army Court of Criminal Appeals in Arlington, Va., upheld convictions in which he pleaded guilty. That opened the door to a possible retrial on the sentence and other charges.

Lane’s wife, Beth, also opposes a retrial.

“You have all the people that it has affected,” she said. “What about them? They don’t get a second chance. Why should he?”

But last month’s decision ruled Kreutzer’s trial lawyers didn’t interview Badger’s wife well. The panel noted that the defense team would have discovered Diane Badger had forgiven Kreutzer if they had questioned her before the trial.

The jury “never knew the full and sincere depth of Mrs. Badger’s forgiveness for the guilty evil-doer. They never heard the full range of psychiatric evidence. ... Their ignorance was a direct consequence of the defense counsel’s failure to become fully informed of the available evidence ...,” the ruling said.

It also ruled that enough evidence existed to suggest Kreutzer’s mental status likely contributed to the crime.

Kreutzer remains in prison at Fort Leavenworth. “The Army has 30 days from the date of the decision to ask the Army Court of Criminal Appeals to reconsider,” Army spokesman Dov Schwartz said of the March 11 ruling. “The final decision on whether to ask has not been made, but will be made within the 30-day window.”

[cb88]

Originally Posted by Hoss68

Lane’s wife, Beth, also opposes a retrial.

“You have all the people that it has affected,” she said. “What about them? They don’t get a second chance. Why should he?”

Exactly!

[Woodmonkey]

Originally Posted by Hoss68

Some of those wounded in the Oct. 27, 1995 shooting disagree with the panel’s ruling, saying Kreutzer deserves the death penalty.

They should have a voice.

The panel noted that the defense team would have discovered Diane Badger had forgiven Kreutzer if they had questioned her before the trial.

The jury “never knew the full and sincere depth of Mrs. Badger’s forgiveness for the guilty evil-doer.

I don't understand why that would be important or make a difference in his sentence. It's good that she was able to forgive him, but ....

[cb88]

Originally Posted by Woodmonkey

I don't understand why that would be important or make a difference in his sentence. It's good that she was able to forgive him, but ....

It's not. I might forgive someone that shot my husband (MAYBE) but I'd still want them dead. Forgiveness and forgetting are not the same thing. Just because you forgive someone doesn't mean you don't want to see justice served.

Sorry....eye for an eye and all that.

[Woodmonkey]

Originally Posted by cb88

It's not. I might forgive someone that shot my husband (MAYBE) but I'd still want them dead. Forgiveness and forgetting are not the same thing. Just because you forgive someone doesn't mean you don't want to see justice served.

Sorry....eye for an eye and all that.

I agree. Forgiveness doesn't change the need for justice. Besides, there are living victims who need to see justice done.

[ussaz]

They won't over turn an overturned death penalty.

[Hoss68]

They do overturn death penalties... And reversals