I got into blogging to cover the Federal corruption trial of former Alaska State Representative Vic Kohring. Kohring’s attorney in that October 2007 trial was John Henry Browne. He is the high-profile Seattle-based attorney now representing U.S. Army Staff Sgt, Robert Bales. The sergeant was charged Friday with the killing of 17 Afghan civilians on the night of March 11-12.
During the Kohring trial, four and a half years ago, I got to meet and know John Henry Browne. He was fairly well known in the Pacific Northwest for having represented serial killer Ted Bundy, and for having been a key attorney in the overturning of the bizarre Wenatchee Washington sex ring convictions. [see Masoninblue's comment #7]
At the time of the Kohring trial, I was reluctant to come to deep conclusions about Browne. The premise of my trial blog was this:
Two longtime friends from the Mat-Su Valley with opposing views of the trial and its defendant share their thoughts. Fred James perceives Vic Kohring as a victim of a prosecution gone awry. Philip Munger has been predicting a demise for Kohring for years as the Wasilla anti-government politician attempted to make too many increasingly unconnected ends and motives meet.
The concept was inspired by firedoglake‘s coverage of the Scooter Libby trial, which was an historic approach to trial writing. I hoped that with Fred and me exchanging differing views, we would cover new ground too.
Others who attended the trial blogged about it too, most notably retired University of Alaska Anchorage public policy professor, Steve Aufrecht. Today, at his outstanding blog, What Do I Know? Steve has revisited his thoughts on Browne at the time of the Kohring trial:
John Henry Browne, the attorney now representing Robert Bales, the soldier accused of massacring 17 Afghan civilians, spent several weeks in Anchorage in 2007, representing the third state legislator to go on trial for corruption here, Vic Kohring. I blogged that trial and so I got to watch him in action. Of the three trials, he was the only attorney who seemed to attract almost as much attention as his client.
I have comments about Browne throughout the Kohring posts, but I’ve pulled out a few here that may give some insight into this attorney. Or not.
On my first encounter in court October 22, 2007:
John Henry Browne
For me the big unknown was the defense attorney. When I walked in, I saw him from behind and thought he was younger until he turned and faced the gallery. He was wearing what looked like an expensive light grey suit with just a touch of green. His shirt was just barely pink. The prosecutors, in comparison, were in dark, dark grey to black suits with white shirts, except for Mr. Goeke who had a beige shirt. Even Agent Mary Beth Kepner [Thanks, Steve, I was getting tired when I did that] had on a grey suit. And Mr. Browne’s hair also looked expensive – basically brown with what would have been called surfer blond streaks where I grew up near Venice Beach. OK, I know what some of you are thinking. But this is not intended as a fashion evaluation of the attorneys. I do think, however, that the dress does tell us something about people. Browne very definitely pays attention to how he looks. He also has trouble talking without moving. If his arms aren’t moving, or his hands, then his fingers are moving. A few times I could even see the muscles in his back moving through his jacket. And this was just very low key questions to the jury.
His voice is radio quality deep and his intonation is precise, more articulated than most American speakers naturally talk. Perhaps he’s done some acting or had other voice coaching.
When he asked questions of the jurors, or even when he didn’t, he would say, “Good morning” in the same exact tone which sounded warm and interested the first time, but after hearing it repeated precisely many times, it began to sound canned. For two jurors, he said something like, “Your comments were much more extensive than the other jurors” which I thought sounded like calculated flattery, and which caused Prosecutor Botinni [Bottini] to object to the “unnecessary editorial comments” about juror performance. The judge concurred.
He also addressed the court twice, between jurors, with two questions that I thought seemed inappropriate. The first time he wanted to know about jurors who came from outside of Anchorage – who paid for them? (The court pays their airfare and hotel, but they don’t go back for weekends the judge replied.) The second question was whether the jurors came from all of Alaska. The judge explained that they only came from the Anchorage district, which was a large district, stretching from Cordova to the Aleutians. It just seemed to me that these were curiosity items, that I would have written down and checked on later. Or, as the Outside defense attorney, I would have found out before the trial. And being an Outside attorney – the local attorney Wayne Anthony Ross was not there today [and I don't think ever was in court] – he wouldn’t understand the implications of what local talk show hosts the jurors said they listened to.
Overall, his behavior reinforced the impression I’ve gotten in the pretrial press coverage. This is the Seattle attorney who is coming to the boondocks to try a case. If that really is the way he’s thinking, I suspect he’s in for a big surprise. Judge Sedwick has run very tight, but fair, trials. His excusing of the full time student today is an example of his practical understanding of what makes sense and what doesn’t. The prosecution has done an overwhelming amount of work and have been extremely well prepared. The teams at the previous two trials were one local attorney and one from the DC based Public Integrity Section. These guys do their homework. The pairing for this trial is Joe Botinni[Bottini], who’s been in the Anchorage US Attorney Office for many years, and Edward P. Sullivan from DC. On the other hand, it does seem that the taped evidence is likely to be not as damaging as in the other cases, and that Kohring might appear to have been less calculating than Kott or Anderson in working out ways to get paid. We will see.
By the next day, I’d figured out who Browne reminded me of. I wrote a post titled, Is John Henry Browne Really Eddie Haskell 50 Years Later?
Eddie Haskell, eh?
I’ve been trying to get in touch with Browne to question him about PFC Bradley Manning’s treatment compared to what he’s come to know about the detention of SSgt. Bales. Browne has succeeded in getting his client into the news this past week. He’s already putting the U.S. Army and the Afghan War on trial:
The lawyer for the Army staff sergeant suspected of killing 16 Afghan civilians questioned Tuesday the quality of the evidence against his client and said he planned to travel to Afghanistan to gather his own.
John Henry Browne said he met with Robert Bales for 11 hours over two days at Fort Leavenworth, where his client is being held. He added that there was still a lot he didn’t know about the March 11 shootings.
“I don’t know about the evidence in this case. I don’t know that the government is going to prove much. There’s no forensic evidence. There’s no confessions,” Browne said outside his hotel near the post.
“I’m certainly not saying that we’re not taking responsibility for this in the right way, at the right time. But for now, I’m interested in what the evidence is,” he said. “It’s not like a crime scene in the United States.”
Browne said there were legal, social and political issues linked to the case and how it will be prosecuted. “The war’s on trial. I’m not putting the war on trial,” he said. “I’m not putting the war on trial, but the war is on trial.”
NPR, discussing Bales’ options on Friday:
SOLIS: The defense doesn’t have a lot of roads to travel right now, and so what they’re going to do is blame it on the mental state, which probably has some validity, and blame it on the Army.
BOWMAN: Blame it on the Army for sending Sergeant Bales on four combat tours, which took a toll.
SOLIS: And that’s because of the three prior tours that the suspect had in Iraq, the fact that he had been wounded a couple of times, that he objected to being sent back to Afghanistan for a fourth tour. So I think that this is the type of case which is tailor-made for a lack of mental responsibility defense.
BOWMAN: But military lawyer Neal Puckett points out that many soldiers have served multiple combat tours and suffered from PTSD.
PUCKETT: You can’t totally displace responsibility on to the Army simply because you say well, he has TBI and/or he has PTSD.
BOWMAN: There’s one other defense that may not be an option for Sgt. Bales, that his life was in danger. Neal Puckett defended a Marine accused of shooting civilians at Haditha, Iraq in 2005 after an attack on his squad. The most serious charges were dropped after Puckett argued the Marine felt he was threatened.
Browne was probably sought out by Bales’ family, as Browne works out of a Seattle office, and the trial will be held in the lower Puget Sound area of Ft. Lewis, where Bales’ unit has its home base. His family have put together a legal defense fund:
Robert Bales’ wife, Karilyn Bales, has started a fund to raise money to help pay his legal costs. Contributions, not tax-deductible, can be sent to the Staff Sergeant Robert Bales Legal Defense Fund, P.O. Box 2774, Seattle, WA 98111.
I’m not sure I totally buy into Bales having been unaccompanied or unassisted in his night-time journeys. He supposedly left the base, walked to one village, came back, walked to another village and came back a second time – by himself. Here’s a map I created, superimposing a McClatchy graphic onto my own annotated image from Google Earth:
Those distances he would have had to walk, totaling over 7 kilometers, are as the crow flies. Sgt. Bales appears to be fit, but …….
Justin Raimondo is still questioning the veracity of the lone actor scenario. And he also feels that the way this is playing out, fiction or not, shows up many flaws in our Afghan end-game:
All of this has led to an outcry in Afghanistan, where the local are saying this was an organized revenge killing rather than Sergeant Psycho on a rampage. Which raises an intriguing question: organized by whom?
It seems to me there are two possibilities:
1) This was the result of a “rogue” group of soldiers acting on their own, motivated by the previous IED attack. Reports that Bales was drinking with a group of other soldiers the night of the massacre conjure images of a late-night venting climaxed by a senseless act of terror.
2) It was a “night raid” gone horribly wrong. This is suggested by the fact that the “official” story of what happened that night limns these night raids to a tee, except for the number of military personnel involved. And Karzai has a point: it is certainly possible Bales went to two residences, killed 16 women and children, and then gathered up the bodies and burned them in the space of a couple of hours, with no assistance from anyone — but how likely is it? About as likely as Bales’s claim not to remember anything of that night.
What is striking is how seamlessly these two scenarios blend into each other: even if this heinous crime was carried out by a “rogue” group of soldiers, how different is it from those night raids where they are acting under orders? The direct threats issued to the villagers, however, points to the possibility that they were acting with the knowledge of at least some higher-ups, who must have authorized the round-up, the use of a translator, and even the participation of the Afghan army.
What is worrying is that the numerous reports coming out of Afghanistan of rampant war crimes committed by “rogue” soldiers – “kill teams” – indicates a complete breakdown of the US chain of command. At the top of the command structure, the grand strategists and theoreticians are constructing elaborate theories of counterinsurgency warfare designed to win over the populace and deny the Taliban a victory. However, by the time “clear, hold, and build” trickles down to the ranks in the field, it becomes “clear, hold, and kill.”
It will be some time before SSgt. Bales goes to trail. Certainly not this year, if the slowness of the Bradley Manning case progress is any indicator. Watch for John Henry Browne to do everything he can to keep his client’s case in the news, and to tie any new American military misconduct into his developing narrative against the war: ”I’m not putting the war on trial, but the war is on trial.”





21 Comments

The whole Bales story is shaky to me. The Afghan people are being discounted as witnesses saying that more than one shooter was involved.
Browne seems to be a more savvy operator than Manning’s attorney. I have the sneaking suspension that Bales will get off with a light sentence, if any punishment is actually meted out. He didn’t embarass the govt as Manning is accused of doing.
BearCountry,
Granted none of us have the real facts, but a courts-martial panel is quite different than a regular jury. Education levels tend to be higher. I’m curious if Browne will ask for enlisted members on the panel, since they will most likely be Sergeant Majors. My husband and I don’t think he will get off lightly.
Other than the few that were sentenced to short terms for short terms for Abu Ghraib, there have not been any real punishment for anything, including murder.
Interesting article! I hope SSgt Bales gets the best defense money can buy.
Edward, if you have any contacts at Fort Richardson or Elmendorf with medical professionals, you might want to poke around and see what you can find out about the “rejiggering” of the required for the classification of PTSD.
Any civilian mental health professional “worth salt” will substantiate that PTSD is an incurable condition, that one can only hope to “manage it.” However, my understanding is that several years ago DOD began to change the criteria for “qualifying for VA disability” in regard to PTSD, and at the same time, established new criteria that purports that one can “get over PTSD.”
This laptop I’m on will not let me use the toolbar to hyperlink (I apologize), so I’ll just mention a video interview on C-Span that you might want to listen to. I can tell you, that it’s ridiculous propaganda. The retired military medical officer claims that you can accomplish this miraculous “reset” in two years!
The title of the segment on C-Span is: US Mental Health and Military. The military officer interviewed is Col Elspeth Cameron Ritchie, MD (ret’d).
SSgt Bates should have never been deployed to Afghanistan, after three tours of duty in Iraq. The one basic “rule” regarding PTSD is that you NEVER put the sufferer in the position that triggered the condition in the first place (unless you want a psychotic breakdown to occur).
Sorry to sound so strident, but this one makes me furious, since it was absolutely avoidable. (I apologize for typos in advance).
Blue
I used to go on base at Ft. Richardson a lot, mostly to play Taps at the National Cemetery there. I’ve stopped doing that after being searched a couple years back. My car had an anti-torture bumper sticker.
I’m also breaking off contact with many people I know who are serving, or in the NG or reserves. I am totally fed up with any activity that supports our war machine, no matter how indirectly.
I have enough students who have gotten out, with PTSD, possible traumatic brain injury, exposure to DU and other toxins, that spending time on those issues past helping people I already know is something I’m unable to do. As if the MIC and military fucking cares, anyway.
I don’t believe that it was a ptsd breakdown. Others that have had the same kinds of deployments that he has had haven’t all done this. Again, I also don’t think that it was one rogue soldier that did all of this. The war has been on trial. How did all of those wedding parties and mourning processions just happen to be all full of “insurgents” firing at our troops or whatever?
Phillip,
RE: What you said about John Henry Browne,
I do not believe John Henry Browne represented a client in the Wenatchee Sex Ring prosecutions at the trial level or on appeal.
As a cofounder and Assistant Director of Innocence Project Northwest at the University of Washington School of Law, I recruited all of the 40 lawyers, who all agreed to work for free, and I organized them into 17 teams that represented the 17 convicted defendants whose cases were on appeal. Volunteer law students from the innocence project were assigned to each team to assist the lawyers.
IMO Robert Van Siclen deserves the honor of being called the key attorney in the case because he obtained an acquittal at trial representing Robbie Robertson, the pastor of the church to which most of the defendants in the case belonged. He was accused of organizing the sex ring and conducting satanic masses in the church basement.
Robert hired investigators and expert witnesses who tore apart the prosecution’s case. He assisted our lawyers in their successful efforts to free all of the clients.
I have no recollection of John Henry Browne playing any role in the case.
In addition, while John Henry Browne provided legal advice to Ted Bundy on a consultation basis regarding ongoing homicide investigations in Washington State, I do not believe he participated in any of Bundy’s trials in Utah, Colorado, and Florida.
Otherwise, I like your article.
Bear Country–
Please don’t take what I’m going to say, the wrong way. But, PTSD is not a “one size fits all” type of condition. Remember what “trauma” is–am emotional wounding. The same circumstance may not even traumatize two different individuals.
Whether or not an individual experience trauma depends on many factors (it’s also not an indication of weakness on an individual’s part). PTSD is about the only mental/emotional disorder that a person who is completely stable (with no predisposition to mental illness) can develop literally overnight, if that person experiences a severe enough trauma.
By technical definition, trauma is an experience which an individual could not be expected to be prepared to deal or cope with through normal life’s experiences and/or emotional resources. For instance, the death of a family member is (by natural means, anyway) not even classified as a trauma in clinical terms, because it is a part of nature, so to speak. Only true (or perceived) “life and death situations” even qualify as traumatic experiences (war, rape, brutal assault, deadly natural disasters, etc.) in clinical terms.
Believe me, I’m in no way trivializing the tragic deaths of (16, I think) human beings. But if this young man has even been diagnosed with PTSD, the doctor(s) who released him share a great deal of the responsibility for this tragedy. (Of course, that’s just my opinion, so we’ll probably have to “agree to disagree”–I know, I hate that expression, too).
Blue
Masoninblue,
Back in 2007, when I covered the Kohring trial and met Browne, there actually were articles on the web purporting Browne as having done just that – representing clients who were ultimately freed in that unbelievable scenario. But while researching for this article, I couldn’t find any of those or others.
Thanks for setting me on track on this.
I’m correcting the post as best I can!
Additionally, do you have anything to add on Browne’s fitness to represent this client?
My husband and I aren’t sure we would recognize the military we served in for 26 and 21 years respectively. There is a lot more overt religiousness for one. We still can’t understand the situation with Bradley Manning. He should never have had the access to material that he supposedly did. We still read the weekly Air Force Times and there is punishment, but it doesn’t seem to be for serious things like torture or killing innocents.
As we live in the Northwest, there is still a lot of reporting on SSG Bales. It will be interesting to see how everything turns out.
I am so glad that both Ed and Mason are exchanging information in this thread. Good to see two of my favorite commenters and diarists hanging out here in this way.
ditto
I’m not saying that ptsd won’t affect people differently. People have heart attacks; some live and some don’t, even though the relative problems are about the same level. What I am saying is that this is an attempt to absolve him of the responsibility of having done what he apparently did. Also, his claim of having no recollection of having done anything is more attempting to muddy the waters. The war is on trial, but I don’t think that it absolves him. I also do not accept the excuse that we are all responsible because those who opposed the war were not really able to stop it. Again, I do not believe that he did it on his own, whether he was the only one firing the bullets or not.
There has been almost no punishment given for major crimes in the military. Three prisoners died at the same time in Gitmo. They had rags stuffed in their mouths, their hands were tied behind their backs, and they were hung with material that they didn’t have. The ruling was suicide. Bales will be found mentally incompetent, sentenced to a hospital for a couple of years, get out in a few months because of the great strides he will make in his rehabilitation, and be allowed to retire at full pension.
I desparately hope that I am totally wrong, but he didn’t do anything to embarass the govt. Bradley Manning is accused, in a backhanded way, of doing just that, and he will feel the full weight of the injustice system.
Thanks for your reply, Bear Country. Let me clarify a couple of things.
I never said that Bales should be absolved of all responsibility. I said that I hope he gets top notch legal counsel (and, I do), and that if he has been diagnosed with PTSD (I’ve not followed this very closely, so I don’t know if he has been), the Army’s policies relating to the diagnosis and treatment of PTSD are partly responsible for this tragedy.
I don’t see where I stated that he should not serve any prison time, or be committed to a mental institution. One or the other is probably appropriate, but not having seen the evidence, I obviously can’t say which it should be.
I assure you that I am not one who says “we’re all responsible.” I’ve opposed all the recent “wars” the US has been engaged in, and it makes me furious when I hear blame being put on “the American people.”
I agree with you — I doubt that SSGT Bales acted alone. I think that the Army is simply trying to deflect responsibility for its failed mental health system.”
I agree that the “perps” of all hideous premeditated war crimes (including military personnel up the chain) should be prosecuted and punished. (The only difference I see with Bales is that he may truly have suffered a psychotic episode).
As for Bales’ claim of “having no recollection . . . he apparently did”–that is possible if he experienced a psychotic episode. It is relatively common for a PTSD sufferer to not recall parts, or in some instances, all of a traumatic event. I do not, however, claim to know if this is true of SSGT Bales.
I wish justice for both Bradley Manning and Robert Bales (not to compare their alledged crimes IN ANY WAY). I must say, I hope that this horrific event does not set up some “Bradley Manning vs Robert Bales” battle. Aside from the loss of 17 innocent lives–I can’t imagine anything more tragic.
Respectfully,
Blue
Is anyone else embarrassed about how this case is being discussed in the media? I mean, if a soldier from Country X went off his rocker and massacred a dozen or so civilians in some out of the way village, would we be so sympathetic?
I’m angry that the military still will not acknowledge the toll of multiple deployments on its troops.
But I’m also angry that some talking heads are oh-so-gentle in their coverage. I wish I could point you to which ones I’m talking about but I don’t recall at the moment.
Last, I too, had the immediate impression that Bales’ attorney is a showboat, based only on his hair and the white fringed silk scarf he sported on the day he was to speak with Bales. swanky. And yeah, he’s twitchy. I don’t know what that brings to the discussion, but he will be able to handle the spotlight no problem.
Bear Country–
My last paragraph was not intended to say that you personally are trying to set up a battle. I truly know very little about either case, and probably will not have time to follow them). From what I do know, they appear to be VERY,VERY DIFFERENT situations. And, I hope that the various groups of supporters/detractors of both soldiers recognize this, and don’t try to pit one against the other, out of frustration.
I truthfully would probably not have read a diary about SSGT Bales, had it not been for the PTSD aspect of the story. (Not to take away from Edward, as a diarist).
Thanks–
Blue
dosido–
Agree with your point about the toll of multiple deployments on the troops.
Can’t speak to your second point about coverage since my TV viewing is so limited, but I imagine that the corporatist MSM will get around to villifying both soldiers, with no serious reporting on either situation.
Blue
I know that it is late, but I’ve been busy a lot today. I hope that you check in again. I’m not trying to dispute with you; I appreciate you views. I’m just stating my view. If you haven’t read it, however, I suggest you read the marsdragon diary called
Sue, I hope that you also check in. It must be hard to see your military degenerate as it has. I did serve, but not in war fighting. I actually had a wonderful time as I was in Libya for two years. I would also suggest to you to read the diary by marsdragon that I mentioned to Blue Onyx @16.
From Twitter.Com:
… comes an invitation:
BearCountry–
Hey, no problem. I’ve not taken offense to anything you’ve said. After I reread one of my posts to you, I realized that you reasonably could have taken my comments to suggest that I didn’t think that SSGT Bales should have to suffer any consequences, so I thought I’d clarify that point.
I hope that I didn’t get too overbearing in my opinions, especially regarding PTSD sufferers. All in all, we agree on most all the other issues regarding this tragic event.
Actually, you, SueTheRedWA and I have a little in common. Sounds like both of you are military veterans, and I’m a former military spouse (husband served in two branches, actually) and career civilian service employee (DoD–social services) for years. So, like both of you guys, I don’t want to see our service members besmirched.
Anyway, I think everyone participating expressed very earnest opinions, and I enjoyed the discussion very much. Will read ‘True Patriot” for sure, tomorrow (it’s growing late for me). I apologize for any typos in advance.
Blue