The highest-ranking U.S. Army officer charged with killing a detainee in Iraq was found guilty on Saturday of negligent homicide but not guilty on the more serious charge of murder of an Iraqi general during an interrogation.

A jury of six Army officers convicted Chief Warrant Officer Lewis Welshofer Jr. in charges resulting from the suffocation death of Iraqi Maj. Gen. Abed Hamed Mowhoush.

The general was placed head-first in a sleeping bag as Welshofer covered his mouth and sat on his chest during a fatal interrogation in November 2003. Prosecutors accused Welshofer of using harsh techniques to try to get information from Mowhoush, describing them as "torture."

After 6-1/2 hours of deliberation until late on Saturday night, the military jury found Welshofer not guilty of first-degree murder or manslaughter, but guilty of negligent homicide, a lesser charge that carries a maximum penalty of three years in prison.

"The verdict reflects the context in which these events took place," defense attorney Frank Spinner said. "The jury recognized confusion about the rules that govern interrogation."

The military panel also found Welshofer guilty of negligent dereliction of duty, a conviction that could bring another three months in prison. He also faces dishonorable discharge.

Welshofer stood at attention to hear the verdict but gave little visible reaction.

David Danzig, manager of a campaign to end torture for Human Rights First, a New York-based group, said the trial showed there is great confusion about what soldiers should be doing in Iraq.

"It's shocking what Chief Welshofer did but it's also shocking to see what the Army authorized," he said. "The Army said it was OK to put a man in a sleeping bag and wrap an electrical cord around him. Things like that need to stop."

In closing arguments trial prosecutor Maj. Tiernan Dolan told the jury of Army officers that Welshofer knew his interrogation techniques were dangerous and described them as "torture."

"If we don't hold the high ground in a country like Iraq, we don't hold it anywhere," Dolan said. "Chief Welshofer failed in his duty to uphold the Geneva Convention."

Spinner said Welshofer believed he was doing the right thing to extract information from the Iraqi general, who was thought to have valuable intelligence information about the insurgency.

"His ultimate mission was to save lives by getting information from people like Mowhoush," Spinner said.

Welshofer testified during the court-martial that the use of the sleeping bag did not cross the line from interrogation to torture.

Source: Reuters

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