Family Talks About Fighting Murder Conviction Against Edmond Soldier

The family of an Oklahoma Army soldier, convicted of murdering an Iraqi civilian, vows to continue the fight to free their son.<br />

Sunday, July 8th 2012, 9:56 pm

By: News 9


The family of an Oklahoma Army soldier, convicted of murdering an Iraqi civilian, vows to continue the fight to free their son.

The highest military appeals court upheld the murder conviction of 1st Lt. Michael Behenna on Thursday. Sunday night News 9 is learning what options the family has to keep the case alive.

Behenna says he shot and killed an Iraqi in self-defense, but the military judges say he had no right to self-defense because it happened during an un-approved interrogation.

It wasn't the news the Behennas hoped to hear. In a split 3-2 decision the highest military appeals court decides to uphold an un-premeditated murder conviction. But it's clear his family, friends and legal team aren't ready to give up.

7/6/12 Related Story: Family Stands Behind Edmond Solider Convicted Of Murder

In an emotional press conference Friday, Behenna's mother, Vicki, laid out the options moving forward. They aren't going to wait long.

"I just talked to Michael's lawyers. They want to file a motion to reconsider with the court of appeals for the armed forces that will be filed within 10 days," said Vicki.

Vicki Behenna also says they are trying to find out if they can an appeal to the U.S. Supreme Court and several lawyers are coming together here in Oklahoma to work on the case.

"The legal community here in Oklahoma has already contacted me and want to see it they can work on getting pardon papers ready for Michael," Vickci said. "I don't know if we'll be successful in that attempt and when that attempt will be made, but I know that there is movement afoot right now to see if a pardon is possible for him."

7/5/2012 Related Story: Conviction Upheld Against Edmond Soldier Accused Of Murder

While the decision was heartbreaking for the Behenna family, his father Scott says there is some good that came from it.

"The final verdict, I think in Michael's mind, vindicates him from the fact that people might have thought that he executed someone. That was not upheld," Scott said.

Clearly several options are being weighed for Michael Behenna. His family says Michael's firm stance helps them continue to fight. News 9 will continue to follow this case and bring you any updates as they happen.

Michael Behenna is currently serving a 15-year sentence in a military prison right now.

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