Three soldiers convicted of murder in late March 2007 execution-style of slayings of four bound and blindfolded Iraqi detainees. Two soldiers are serving life sentences and the third is serving 25 years. Their sentences were reduced to 40 and 20 years on appeal. The Iraqi’s had been taken into custody by the Soldiers in the Spring of 2007 after an exchange of gun fire with the Soldier’s unit.

MSgt Hatley Convicted

Master Sergeant John E. Hatley, the senior military member of the three, was acquitted of a fifth murder, but convicted of conspiracy to commit murder. A military member serving a life sentence resulting from a military court-martial is eligible for parole in 20 years. On August 14, 2009, His sentence was reduced from life to 40 years as a result of a clemency petition.

Clemency Petition Granted

A clemency petition is a request to the convening authority (usually the first general officer in the chain of command) to reduce the sentence from a court-martial. The military defense attorney provides a written request on behalf of the military member to justify why the convening authority ought to use his or her authority to reduce the sentence in the name of justice or fairness. A clemency petition outlines all the mitigating circumstances of the event leading to the conviction and the personal circumstance of the military member and his or her family.

Appeal Process and Presidential Pardons

Baring the convening authority’s change of the sentence, all military members cases that were convicted at courts-martial are automatically reviewed on appeal. Appeals review the military justice processes in accordance with the UCMJ and Manual for Courts-Martial to ensure a fair trial. In some cases, appeals can reverse some aspects of a court-martial requiring a military judge to review the case. After a military member has requested clemency and his or her case reviewed through the appeal process, the next step in gaining relief from the conviction is through a Presidential pardon.