70-28-06 Sgt. Kevin Benderman Day of Army Trial

Hinesville, GA. Thursday July 28, 2005.
Army Sgt. Kevin Benderman out of Fort Stewart, Georgia was sentenced to 15 months of military prison and given a dishonorable discharge for a "missing movement" violation. The Army charged he failed to show up for a scheduled plane flight to Iraq scheduled to leave on January 7th. Benderman's civil attorney Bill Cassara argued he showed up as ordered to a meeting at 01700 with his unit's commanding officer and was instructed to show up without his bags. The meeting lasted till 01800 and the unit was scheduled to leave at 01900. Benderman filed his conscientious objector packet as of December 28th, 2004. Cassara further argued the commanding officer, Sgt. Major Coston never told him to be on the flight but instead suggested Kevin go home and get dinner and fill out his conscientious objector packet.

The government's attorney countered that Benderman knew for many months he was expected to leave for Iraq because of his role as NCO Trainer (Non Commissioned Officer Trainer) and that this foreknowledge took precedent over any confusion in communication between his superiors. Col. Donna Wright, the military's presiding Judge charged Benderman with "missing movement" and the charge of "desertion" was dismissed early in the trial.

Benderman's wife, Monica, when asked if justice was served replied, "no justice was not served today." She later added, "but Kevin is finally free..... they are not in charge of him, he is in charge, not them."

Sgt. Benderman is married to Monica Benderman and father to 3 of Monica's kids from a prior marriage. In her testimony, Monica admitting overhearing the conversation between Sgt. Major Coston and her husband. She expressly commented she did not hear them agree that Kevin was to be on the plane or that he should have deployed to Iraq. When the prosecution questioned Monica for statements she made in the Savannah Morning News her response was "I don't anyone to have to stay in Iraq, I want all the soldiers to be able to come home."

While Benderman is serving in prison, his trial has not been officially signed off from military personnel and for this reason, his attorney has been unable to start the appeal process. The Army has also not been willing to release the transcript of the trial as well.

Category:

News & Politics

Tags:

• ConcientiousObjector
• Objector
• Army
• Peace
• Sgt.
• Kevin
• Benderman
• Iraq

[rigel99]

missing motion even though they couldn't prove he was explicitly told to go by his commander and he requested to stay NCO duty back at Ft. stewart. either way it was a kangaroo court, he got exactly the # of months in jail as he was expected to do a tour of duty. this would have been his third tour of duty and he was saying he was tired of being asked to shoot at 4 year old iraqi girls... he just couldn't be that violent for no reason anymore..

[rigel99]

he is an honorable man and I'm sure you are lucky to have served with him. his wife is also way cool. thanks for your comment but most of all, thanks for serving our country.

[Gootch82]

I think I remember this

[frontdoor1208]

Hes an honorable man, and he is this because he stood up to his beliefs! Not many people stick up to their beliefs nowadays!

And thats the true menaning of cowardice!

[tiptoptilly]

This is heartbreaking. I don't support an army that won't support their own troops decisions. I respect troops that try to fight for our freedom or increase the peace. What's going on in Iraq is murder and destruction.

Kevin Benderman is an awesome example of a true American patriot.

[topgun57572000]

what was he charged for?

[kycruisecrazy]

your going to prison kevin. you signed up. god bless

[realsuttle]

He used to be my squad leader.