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Originally published November 8, 2007 at 12:00 AM | Page modified November 8, 2007 at 2:03 AM

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U.S. sergeant switches story in sniper trial

A U.S. Army sergeant who testified last month that he executed an Iraqi on orders from his platoon's senior sniper told the soldier's court-martial...

Los Angeles Times

Iraq developments

In Baghdad, a Shiite teacher was killed in a drive-by shooting in the Sunni-dominated Mansour area, a police officer said. Hanaa Lafta Muhssin, 35, was walking to school at 8 a.m. when gunmen showered her with bullets, the officer said under the condition of anonymity.

The Iraqi government said 46,030 Iraqi refugees returned to Iraq in October because of declining violence.

The Iraqi army discovered a mass grave with 17 bodies in an area troops have only recently been able to enter after driving al-Qaida fighters out of regions north and west of the capital.

In Basra, the police chief escaped unharmed after a roadside bombing targeted his convoy. It was the second attempt on Maj. Gen. Jalil Khalaf's life in less than a week.

Seattle Times news services

BAGHDAD — A U.S. Army sergeant who testified last month that he executed an Iraqi on orders from his platoon's senior sniper told the soldier's court-martial hearing on Wednesday that he now remembers little about the incident.

The witness, Sgt. Evan Vela, and the defendant, Staff Sgt. Michael Hensley, stand at the center of the controversy over the killing of three Iraqis south of Baghdad in the spring.

Testifying Sept. 27 at another colleague's trial, Vela gave a chilling account of how he had shot two bullets into the head of the Iraqi man, saying he was following Hensley's direct order.

The testimony helped the defendant in that case, Spc. Jorge Sandoval, win acquittal on murder charges, though he is serving 44 days in detention for planting bomb wiring on an Iraqi he had slain. However, those earlier statements are not admissible in Hensley's court-martial or in Vela's upcoming trial.

It was not immediately clear Wednesday why Vela changed his account. One observer at the trial said Vela had pulled off badges from his Army uniform outside the courthouse before taking the stand. He described Vela's demeanor as angry and confused.

During the hearing, Vela, 23, frequently spoke in a mumble, glancing down or staring into space. He scowled and often answered tersely, "Yes, sir."

Hensley sat erect in his chair, at times jotting notes, chuckling and speaking with his attorney.

Asked what happened on May 11, Vela described being in a camp close to the Euphrates River when the Iraqi stumbled into their area. Asked for more details, he said he wasn't sure about what came next. He described his team searching the interloper for weapons; the man's son then appeared by their camp and they briefly held the young man.

Two of Vela's colleagues went into a pump station and another was on a berm, he said. Vela was left alone with Hensley and the Iraqi detainee. Hensley asked him if he was taking care of security, Vela recalled.

The prosecution asked repeatedly if the senior sniper had demanded that Vela shoot the Iraqi. Vela answered that he could not remember.

Asked why he shot the Iraqi a second time, Vela said, "It looked like he was suffering. His body was convulsing."

He testified that everything was a fog to him now. "I don't even remember squeezing the trigger. I didn't even hear the pistol discharge."

The testimony was a boost to Hensley, who faces three charges of premeditated murder over the three incidents last April and May. However, Vela was unable to explain a Kalashnikov found on the dead Iraqi's body that Hensley's companions said was not there when the Iraqi crossed into their camp.

On Tuesday, Sandoval testified that while inside the nearby pump station he had heard Hensley outside ask Vela if he was ready, and then heard shots fired. But Sandoval neither explained what Hensley meant nor saw what transpired.

Hensley also was indicted on three counts of planting weapons and charged with insubordination. He is accused of tailoring two of his men's version of events after the May 11 shooting. The court said Wednesday that Hensley had written Vela a letter in detention, but decided that it had not been meant to intimidate Vela.

Vela's own pretrial hearing on charges of premeditated murder, planting a weapon, making false statements and obstruction of justice is set to start on Saturday.

Copyright © 2007 The Seattle Times Company

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