Prosecutors seek civilian trial for ex-Marine

Louisville, Kentucky : The rape and murder case against a former Fort Campbell soldier belongs in civilian court, not the military's court-martial system, federal prosecutors said.

Prosecutors said in court filings that former 101st Airborne Prefect Steven D. Green was properly discharged from the military before being charged as a civilian with raping and killing an Iraqi girl and killing her family in 2006.

"He received a discharge certificate, a final accounting of pay was made, and contrary to his assertions, he successfully completed Ft. Campbell's clearing process for outgoing service members," assistant US attorneys Marisa Ford and Brian Skaret wrote.

In 88 pages of motions filed late Friday night, federal prosecutors also argued that the decision to seek the death penalty for Green is valid and that the case is supported by evidence.

Possible death sentence

Green, 22, of Midland, Texas, faces a possible death sentence if convicted on 16 charges that include premeditated murder and aggravated sexual assault. He pleaded not guilty in November 2006.

Four other soldiers pleaded guilty or were convicted for their roles in targeting the girl from a checkpoint near Mahmoudiya, a village 32km south of Baghdad, and helping rape and kill her.

Two of the soldiers testified they took turns raping the girl while Green shot and killed her mother, father and younger sister, and that Green raped the girl and shot her.

Green's attorneys in February challenged his indictment and prosecutors' decision to seek the death penalty if he is convicted on a number of grounds.