The Bryan Howard Court-Martial: The Accessory at Mahmudiyah
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Private First Class Bryan Howard was the one Mahmudiyah defendant whose sentence was measured in months. In March 2007 he pleaded guilty to being an accessory after the fact to the rape and murders, and to conspiracy to obstruct justice for lying to his superiors. His plea agreement capped his confinement at 27 months, and he was sentenced to 27 months. He also told the judge he had stayed behind at a checkpoint while four other soldiers went to the house. His plea placed him on one side of a statutory line. Article 77 of the Uniform Code of Military Justice makes anyone who helps bring about a crime a principal, and Article 78 covers help given only after the crime. The punishment difference is large: an accessory after the fact can receive at most half the principal’s confinement maximum, and never more than 10 years.
The Howard Record in Brief
| Item | Record |
|---|---|
| Accused | Private First Class Bryan Howard, 101st Airborne Division |
| Plea (Mar. 21, 2007) | Guilty to being an accessory to the rape and murder, and to conspiracy to obstruct justice by lying to superior officers |
| Exposure | Faced up to 15 years, according to CBC News |
| Plea agreement | No more than 27 months of confinement; reduction from private first class to private; dishonorable discharge; testimony against others charged |
| Sentence | 27 months |
| His account | Told the judge he "was left behind at a checkpoint while four other soldiers went to rape the girl" |
What Article 78 Requires
The Manual for Courts-Martial, United States (2024 ed.), Part IV, paragraph 2, lists four elements:
- “That an offense punishable by the UCMJ was committed by a certain person”
- “That the accused knew that this person had committed such offense”
- “That thereafter the accused received, comforted, or assisted the offender”
- “That the accused did so for the purpose of hindering or preventing the apprehension, trial, or punishment of the offender.”
The Manual’s explanation adds three points that matter here:
- The assistance “also includes acts performed to conceal the commission of the offense by the principal (for example, by concealing evidence of the offense).” Lying to superiors to protect a cover story fits that description.
- “The mere failure to report a known offense will not make one an accessory after the fact.” Silence alone is not enough. It may instead violate a regulation under Article 92, or, if the person “does anything to conceal” a serious offense, amount to misprision under Article 131c.
- “The principal who committed the offense in question need not be subject to the UCMJ”. That was relevant here. The soldier the accounts identified as the shooter, Steven Green, had already been discharged and was tried in federal civilian court.
Principal Before or During, Accessory After
Article 77 reaches anyone who “aids, abets, counsels, commands, or procures” an offense, and the Manual says such a person “is equally guilty of the offense as one who commits it directly”. Paragraph 1 explains that this “eliminates the common law distinctions” among perpetrators, aiders and abettors, and accessories before the fact. All are principals. A soldier who stands guard outside a house with shared intent during the crime is a principal to it.
Article 78 is different in timing and in kind. It punishes help given “thereafter”, after the offense, to hinder the offender’s apprehension, trial, or punishment. Howard’s guilty plea placed his conduct on that side of the line, as help given afterward to cover up the crime, not participation in it.
Why the Exposure Was So Different
The Manual caps accessory punishment by formula. A person found guilty as an accessory after the fact “shall be subject to the maximum punishment authorized for the principal offense, except that in no case shall the death penalty nor more than one-half of the maximum confinement authorized for that offense be adjudged, nor shall the period of confinement exceed 10 years in any case, including offenses for which life imprisonment may be adjudged.” For offenses committed after December 27, 2023, Appendix 12C places accessory and principal liability in the category “Dependent on underlying offense”, but the paragraph 2 ceiling still limits the maximum.
In November 2006, the Associated Press reported that “Howard, Cortez and Spielman could face the death penalty if convicted.” The offenses Howard eventually pleaded to, accessory after the fact and obstruction, carried up to 15 years, and his agreement capped confinement at 27 months.
| Accused | Theory of liability | Reported sentence |
|---|---|---|
| Spc. James Barker | Principal; guilty plea | 90 years under a plea cap |
| Sgt. Paul Cortez | Principal, felony murder; guilty plea | 100 years under a plea cap |
| Pfc. Jesse Spielman | Principal, felony murder; contested trial on the central charges | 110 years under an agreement capping the term |
| Pfc. Bryan Howard | Accessory after the fact and obstruction; guilty plea | 27 months |
| Steven Green | Federal civilian prosecution after discharge | Life without parole |
A Note on the Accounts
The reported accounts of Howard’s position differ. CBC News reported his statement to the judge that he “was left behind at a checkpoint”. Al Jazeera, reporting in August 2007, described him as the soldier “who stood on guard during the attack”. The plea he entered was to accessory after the fact and obstruction. Whatever role was described, the legal question decided by the plea was what he did afterward.
Covering Up Versus Standing Nearby
Article 78 punishes covering up a crime, not being near it. The elements require knowledge that the offense was committed and an act that helps the offender afterward. A lie to superiors that keeps a false story in place qualifies. Bare failure to report does not, though it can be a different offense. The half-maximum and 10-year ceiling in paragraph 2 is why an accessory to the same killings can face months while principals face life.
Sources
- CBC News, “U.S. soldier gets 27 months jail for role in Iraqi rape, killing”, Mar. 22, 2007
- CBS News (Associated Press), “GI Gets Life Sentence, Chance Of Parole”, Nov. 16, 2006
- Al Jazeera, “US soldier jailed for Iraq killings”, Aug. 5, 2007
- Al Jazeera, “Former US soldier guilty of rape found hanged”, Feb. 19, 2014
- 10 U.S.C. 877, Article 77, Principals (Cornell LII)
- 10 U.S.C. 878, Article 78, Accessory after the fact (Cornell LII)
- Manual for Courts-Martial, United States (2024 ed.), Part IV, para. 1 (Article 77) and para. 2 (Article 78); Appendix 12C.
This case study describes a public court-martial record and contemporaneous reporting. It is educational information, not legal advice.