UNITED STATES v. PRIVATE FIRST CLASS JESSE V. SPIELMAN

GENERAL COURT-MARTIAL — FORT CAMPBELL, KENTUCKY (2007)

COMPREHENSIVE HISTORICAL RESEARCH FILE

Official Case Designation: United States v. Private First Class Jesse V. Spielman
Court-Martial Convening Authority: 101st Airborne Division (Air Assault)
Trial Dates: July 30 – August 4, 2007
Location: Military Courthouse, Fort Campbell, Christian County, Kentucky
Type of Court-Martial: General Court-Martial (Members Panel / Military Jury)
Presiding Officer: Colonel Stephen R. Henley, Chief Trial Judge, United States Army
Final Disposition: GUILTY — 110 Years Confinement, Dishonorable Discharge

PART I: BIOGRAPHICAL DATA

Section 1.1: Personal Information

Category	Detail
<strong>Full Legal Name</strong>	Jesse Vance Spielman
<strong>Date of Birth</strong>	1985
<strong>Place of Birth</strong>	Pennsylvania, United States
<strong>Hometown</strong>	Chambersburg, Franklin County, Pennsylvania
<strong>Citizenship</strong>	United States of America
<strong>Age at Time of Crime</strong>	21 years
<strong>Age at Conviction</strong>	22 years

Section 1.2: Family Background

Immediate Family:

Grandmother: Nancy Hess — collapsed outside courtroom after verdict
Sister: Paige Gerlach — present at trial

Section 1.3: Geographic Context — Chambersburg, Pennsylvania

Chambersburg is the county seat of Franklin County, Pennsylvania, located in the Cumberland Valley approximately 50 miles southwest of Harrisburg. With a population of approximately 21,000, the town has historical significance dating to the Civil War when it was burned by Confederate forces in 1864.

Section 1.4: Military Service Record

Branch of Service: United States Army

Component: Active Duty

Primary Military Occupational Specialty (MOS): 11B — Infantryman

Unit Assignment:

1st Platoon
Bravo Company
1st Battalion, 502nd Infantry Regiment
2nd Brigade Combat Team
101st Airborne Division (Air Assault)
Fort Campbell, Kentucky

Deployment History:

September 2005: Deployed to Iraq with 1-502nd Infantry
Area of Operations: “Triangle of Death”

Rank:

Date	Rank	Grade
At Crime	Private First Class	E-3
Post-Conviction	Private (Reduced)	E-1

PART II: THE CRIME — MARCH 12, 2006

Section 2.1: Spielman’s Alleged Role

Unlike the other defendants who admitted direct participation, Spielman’s role was disputed:

Prosecution Theory:

Knew what was going to happen before the group left the checkpoint
Went to the al-Janabi home as a lookout
Stood guard while the crimes were committed
Did nothing to stop the assault despite being feet away
Participated in cover-up

Defense Theory:

Had no knowledge of the plan
Thought it was a routine patrol or raid
Was not a meaningful participant

Section 2.2: Evidence of Spielman’s Knowledge

SGT Paul Cortez’s Testimony:
Cortez testified Spielman stood guard as soldiers assaulted the girl, was within feet of the screaming victim, and did nothing to intervene.

When prosecutor Major Fischbach asked if Spielman objected:
“When, if ever, does Spielman say, ‘My God, Cortez, what are you doing?'”
Cortez: “He doesn’t.”

SPC James Barker:
Initially implicated Spielman in sworn statements, but later recanted portions, stating he had allowed investigators to draft statements that were not entirely true.

PFC Bryan Howard:
Testified he overheard Spielman and others discussing the plan.

Section 2.3: Spielman’s Actions During Crime

According to testimony:

Left checkpoint with Cortez, Barker, and Green wearing disguise
Was responsible for grabbing 6-year-old Hadeel and bringing her inside
Stood guard/lookout during the assault
Was given bloodied clothes to burn afterward

Section 2.4: Prior Conduct Evidence

PFC Thomas Doss Testimony:
Recalled Spielman saying about Iraqi detainees:
“I don’t care if they live or die. They will either support insurgents or breed insurgents. I want them dead.”

PART III: PRE-TRIAL PROCEEDINGS

Section 3.1: Initial Charges

Murder (4 counts)
Rape
Conspiracy to commit murder
Conspiracy to commit rape

Section 3.2: Partial Guilty Plea (July 30, 2007)

Spielman pleaded guilty to lesser charges:

Conspiracy to obstruct justice
Arson
Wrongfully touching a corpse
Alcohol consumption

Maintained not guilty to:

Rape
Murder
Conspiracy to commit rape
Housebreaking with intent to rape

Section 3.3: Plea Agreement Terms

Maximum sentence capped at 110 years
Parole eligibility after 10 years
Trial to proceed on contested charges

PART IV: THE COURT-MARTIAL

Section 4.1: Trial Personnel

Military Judge: Colonel Stephen R. Henley

Lead Prosecutor: Major William Fischbach

Lead Defense Counsel: Captain Craig Carlson (Austin, Texas)

Section 4.2: Key Prosecution Witnesses

Day 3 — SGT Paul E. Cortez:

Testified Spielman stood guard
Said Spielman was within feet of screaming victim
Stated Spielman did nothing to stop assault

SPC James P. Barker:

Testified about events
Recanted key portions of earlier sworn statements
Stated parts of documents “were untrue”
Walked back claims about Spielman’s conspiracy role

Section 4.3: Barker’s Recantation

Critical testimony: Barker testified that “several portions” of his sworn documents “were untrue,” including:

References to Spielman’s role in conspiracy
Statements about Spielman’s prior knowledge

This created significant challenges for prosecution.

Section 4.4: Combat Stress Evidence (Denied)

Defense sought testimony from Dr. William Bowler, combat stress team psychiatrist. Justice Department twice denied immunity requests, preventing his testimony.

Section 4.5: Verdict (August 3, 2007)

Charge	Verdict
Rape	GUILTY
Conspiracy to Commit Rape	GUILTY
Housebreaking with Intent to Rape	GUILTY
Felony Murder (4 counts)	GUILTY
Lesser charges	GUILTY (by plea)

Note: Spielman was the only defendant to go to full jury trial. All others pleaded guilty.

PART V: SENTENCING — AUGUST 4, 2007

Section 5.1: Jury Recommendation

Life in prison with possibility of parole

Section 5.2: Spielman’s Statement

“I don’t really blame my chain of command. I don’t really blame anybody. I could have stopped it. I take responsibility for my actions.”

Section 5.3: Family Reaction

Nancy Hess (Grandmother):

Collapsed outside courtroom after verdict
Major Fischbach called 911
Soldiers fanned her with napkins

Paige Gerlach (Sister):
Screamed: “I hate the government. You people put him (in Iraq) and now, this happened.”

Section 5.4: Final Sentence

110 years confinement (plea agreement cap)
Parole eligibility after 10 years
Dishonorable discharge
Reduction to Private (E-1)
Forfeiture of all pay and allowances

Note: The jury recommended life with parole, which would have required longer wait for parole eligibility. The 110-year sentence with parole after 10 years was more favorable under the plea agreement.

PART VI: SIGNIFICANCE

Section 6.1: Only Jury Trial

Spielman’s case was unique among Mahmudiyah prosecutions:

Only defendant to exercise right to jury trial
Only defendant to contest charges at trial
Only defendant whose guilt was determined by panel deliberation

Section 6.2: Longest Sentence (Paradox)

Defendant	Sentence	Direct Participation
Jesse V. Spielman	110 years	Lookout only
Paul E. Cortez	100 years	Assault, planning
James P. Barker	90 years	Assault, planning
Bryan L. Howard	27 months	Accessory only

Spielman received the longest sentence despite being the only military defendant who did not personally commit assault or murder.

PART VII: POST-CONVICTION

Section 7.1: Incarceration

Facility: United States Disciplinary Barracks, Fort Leavenworth, Kansas
Status as of 2009: Held at Fort Leavenworth

Section 7.2: Parole Eligibility

Earliest: 2017 (10 years from conviction)

PART VIII: CO-DEFENDANTS

Name	Rank	Trial Date	Sentence	Notes
Steven D. Green	PFC (discharged)	2009	Life × 5	Suicide 2014
Paul E. Cortez	SGT	Feb 2007	100 years	Testified against Spielman
James P. Barker	SPC	Nov 2006	90 years	Recanted testimony
Bryan L. Howard	PFC	Mar 2007	27 months	Released

PART IX: SOURCE DOCUMENTATION

Primary Sources

Court-martial record, United States v. PFC Jesse V. Spielman (2007)
Trial testimony, Fort Campbell (July 30–August 4, 2007)

News Coverage

NBC News, CBS News, Washington Post (August 2007)
Wave 3 Louisville, Action News 5 (July–August 2007)

Secondary Sources

Frederick, Jim. Black Hearts (2010)

APPENDIX: TIMELINE

Date	Event
1985	Spielman born, Pennsylvania
September 2005	Deployed to Iraq
March 12, 2006	Crimes committed
June 22, 2006	Crime reported
November 2006	Barker sentenced
February 2007	Cortez sentenced
March 2007	Howard sentenced
<strong>July 30–August 4, 2007</strong>	<strong>Spielman trial</strong>
August 3, 2007	Guilty verdict
<strong>August 4, 2007</strong>	<strong>110 years sentence</strong>
2017	Earliest parole eligibility

Research compiled from verified historical sources.

ABOUT COURT-MARTIAL PROCEEDINGS

A court-martial represents the formal legal process through which the military prosecutes service members for criminal offenses under the Uniform Code of Military Justice (UCMJ). Private First Class Jesse V. Spielman’s case was unique among the Mahmudiyah defendants because he exercised his right to a full court-martial trial before a panel of military members rather than accepting a judge-alone proceeding with a complete guilty plea. In a general court-martial with members, a panel of at least five service members (equivalent to a civilian jury) hears the evidence, deliberates, and renders a verdict; a two-thirds majority is required for conviction on most offenses. The court-martial process afforded Spielman the opportunity to contest the charges through cross-examination of witnesses, presentation of defense evidence, and closing arguments — rights identical to those in civilian criminal trials. The military judge presiding over a court-martial rules on evidentiary matters, instructs the panel on applicable law, and ensures proper procedure throughout the proceedings. Spielman’s court-martial highlighted both the strengths and challenges of the military justice system: the ability to conduct complex criminal trials in a military setting, the complications of using co-defendant testimony, and the panel’s willingness to convict based on accomplice liability even when direct participation was not proven. The court-martial resulted in the longest sentence among the military defendants, demonstrating that conviction at court-martial does not require direct physical participation when the evidence establishes knowing involvement in criminal conspiracy.

Document Classification: UNCLASSIFIED
Research Date: January 2026