Trial begins in Green Berets’ deaths
Houston father travels to Jordan to watch case
The military trial of a Jordanian soldier accused of killing U.S. Army Staff Sgt. Jimmy Moriarty of Houston has taken place under heavy security in a courtroom in Amman, and prosecutors now have rested their case after about a week of testimony. The defense is poised to start Tuesday.
The trial has been taking place under the watchful eyes of U.S. State Department observers and Moriarity’s father, Houston trial attorney James Moriarty.
“The U.S. Embassy in Jordan is observing the trial and offering assistance to the family, in coordination with the Department of Justice,” officials said in a statement to the Houston Chronicle.
The trial of M’aarek Abu Tayeh has gotten scant news coverage in the Arabic-speaking world, said Samy Ayoub, with the Department of Middle Eastern Studies at the University of Texas at Austin. Abu Tayeh is a member of the Howeitat tribe, which
played a significant role in the World War I-era Arab Revolt and today remains an important local force in Jordan.
“They are trying to handle this trial without angering or alienating a major tribe,” Ayoub said. “They really want to keep this very low profile.”
But Ayoub, an expert in Islamic law, said he doesn’t believe tribal politics will significantly influence the outcome of the trial.
“The suspect is a soldier, so military laws will determine the case,” he said. “Also, in tribal customs, there are severe consequences in cases of intentional homicide.” Questions gunshot
Jimmy Moriarty was among the three Green Berets who were fatally shot Nov. 4. His father attended the first stage of the tribunal held in a government compound in Amman, Jordan. The elder Moriarty, who has been vocal about his views, said prosecutors called their last witness on June 21 — about a week after the trial began. They will have until Tuesday to decide if they want to call any other.
The court listened to the testimonies of about a dozen witnesses, Jordanian troops who were nearby when Abu Tayeh allegedly killed the 27-year-old Moriarty along with Staff Sgt. Kevin McEnroe, 30, and Staff Sgt. Matthew Lewellen, 27.
The three American soldiers were from the 5th Special Forces Group at Fort Campbell, Ky., and were in Jordan to train Syrian rebels in the fight against the Islamic State. They were killed when they stopped at an inner gate while returning to their temporary home base at King Faisal airbase in Jafer, about 145 miles south of Amman, the nation’s capital.
Abu Tayeh, a gate guard at the base, has been charged with premeditated murder.
During the trial, the witnesses said a riot erupted among the Syrians being trained by the U.S. Special Forces teams two days before the fatal shooting.
“That’s why they claim they were on hyper alert when the (U.S. troops) came through the gate,” Moriarty said, now back home in Houston.
The witnesses also said they heard what sounded like a gunshot coming from the three-vehicle convoy the Americans were riding in.
“I don’t believe for a second that there was, in fact, a pistol shot,” Moriarty said. “I believe this is just another Jordanian lie.” Wants copy of video
Before the trial, Moriarty was allowed to watch a security video that showed the deadly encounter between the shooter — allegedly Abu Tayeh — and the U.S. troops.
“That video, to me, conclusively shows there was no reaction for the other gate guys until (Abu Tayeh) opened fire,” he said. “There’s no evidence in the world that there was a shot fired or accidental discharge anywhere around the Americans.”
The video has not been released to the public and on Friday, FBI officials told family members Jordan’s government wants it to stay that way. Moriarty has filed a Freedom of Information Act request for his own copy.
The judge in the military trial asked the other Jordanian personnel why they didn’t open fire themselves if they heard gunshots.
“They said they couldn’t identify the source of the fire,” Moriarty said.
At first, Moriarty — who has been a vocal critic of the way Jordan has handled the situation — said he doubted whether the country would allow family members to attend the trial. He said security in the area around the courtroom was particularly tight, with several armed guards in the vicinity.
The trial also gave Moriarty an opportunity to finally lay his eyes on the man he believes murdered his son. Abu Tayeh was being held in a cage with heavy iron bars going from the floor to the ceiling.
“He looked like a cornered rat. His head was down and he was shiftyeyed, avoiding eye contact with us,” Moriarty said. “It was a surreal experience.” Plans to return
Ayoub said he believes a prison sentence of about 20 years, if Abu Tayeh is convicted, will be supported by the tribal officials.
“The tribe is very much a key ally to the King,” Ayoub said.
Moriarty said the defense team in the trial is scheduled to begin its case on Tuesday, if prosecutors have not called any other witnesses.
He said the video clearly shows no other activity until Abu Tayeh begins firing at the American soldiers. He was only about 7 feet away from McEnroe when opened fire with an M-16 rifle.
“If M’aarek (Abu Tayeh) had a bayonet, he could have stabbed him,” Moriarty said.
Moriarty said he intends to return to Jordan at some point when the trial resumes. He believes the verdict may come as early as mid-to-late July.