But the family of Sergeant Robert Bales insisted he was innocent until proven guilty, calling him "courageous and honourable," while his lawyer raised questions about the role of alcohol, drugs and stress in the tragedy.
Wrapping up their case in the pre-trial hearing, prosecutors lashed the "heinous and despicable" alleged massacre in March, details of which were given during an eight-day hearing at a military base south of Seattle.
"Based on the sheer brutality and nature of the crimes, it is our recommendation to proceed to a general court-martial," said prosecutor Major Rob Stelle at Joint Base Lewis-McChord outside Tacoma, Washington.
"Because of the heinous, brutal and methodical (nature of the alleged crimes), we ask that that the sentencing authority have the full range of punishment," including the death penalty, he added.
Bales faces 16 counts of murder, six of attempted murder, seven of assault, two of using drugs and one of drinking alcohol. Seventeen of the 22 victims were women or children and almost all were shot in the head.
The 39-year-old allegedly left his base in the Panjwayi district of southern Kandahar province on the night of March 11 to commit the killings, which included nine children. He allegedly set several of their bodies on fire.
Prosecutors at the so-called Article 32 pre-trial hearing have alleged that Bales left the base twice to carry out the killings, returning in between and even telling a colleague what he had done.
The week-long hearing included three evening sessions – daytime in Afghanistan – to hear testimony by video conference from Afghan victims and relatives of those who died.
Stelle said the case should go to a court-martial because "something horrible happened" and Bales was clearly aware of what he had done.
"The most telling evidence we have are the statements made by Sergeant Bales in the few hours (after the incident) – statements that demonstrate a clear memory of what happened and a clear sense of guilt," said Stelle.
But Bales's lawyer Emma Scanlan questioned whether there was enough evidence for the case to go to full trial, citing possible post-traumatic stress disorder and other medical issues.
"There are a number of questions that have not been answered," she said. "We have been told that Sergeant Bales was 'lucid, coherent and responsive.' But we don't know what it means to be on alcohol, steroids and sleeping aids."
Reported inconsistencies included witnesses talking of possibly two gunmen, and mentioning a shooter with a light on his helmet, while Bales had none. "We need to know if there was more than one person outside that wire," she said.
"We don't know so many things about this case... we ask that everybody keep an open mind as we go forward as we investigate what is actually going on here."
The hearing was held to decide whether Bales should face a full court martial. Investigating Officer Colonel Lee Deneke said he would submit a written recommendation "later this week or over the weekend." A three-star general at the base will then rule on whether to proceed with a court-martial.
In a statement read out by the soldier's sister Stephanie Tandberg after the hearing, the family said it had yet to learn the how, why and what of the incident after the hearing.
"Much of the testimony was painful, even heartbreaking, but we are not convinced the government has shown us the truth, the whole truth and nothing but the truth about what happened that night," it said.
"As a family, we all grieve deeply for the Afghani families who lost their loved ones on March 11, but we must all not rush to judgment.
"In America, due process means innocence is always presumed unless and until a trial proves otherwise. There has been no trial yet, and our family member is presumed by law, and by us, to be innocent."
COMMENTS (15)
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@Sexton Blake
"The American military has carried out some very dreadful crimes and got away with it."
I am in full agreement with you. Vietnam, Chile, Iraq, former Yugoslavia among many others come to mind.
@gp65: I did mean to mention, in my last missive, that under US control any resemblance between facts and the truth is purely coincidental. From my research a whole troop of soldiers were involved in killing those 16 Afghan villagers and it appears that Sergeant Bales has been set up as the fall guy. Can I be accused of another conspiracy theory perhaps?
@gp65: Dear gp65, I did not perhaps make my position totally clear. I have never felt that you and I are "persona non grata" It was meant to be low key humour. I think that sometimes you and I are on different wavelengths, and of course I am always correct. However, I think it is a good thing that we can rebound off each other. Keep up your missives. I can always criticize them, and vice versa with you.
@Sexton Blake: I have always been persona non grata with you. SO nothing I do will change that. SO I will continue the way I am. Thank you for your feedback.
@gp65: Dear gp65, I am not certain whether or not the Latin phrase "ad hominem" was used correctly in this particular case. However, although Latin would put some excitement into the minutiaea of our various discourses it might be wise to desist or we could become persona non grata. What do think?
@Cynical: Dear Cynical, I have to agree with you a little, but not too much. For example, Australian troops, in a similar way to US troops, threw grenades into Afghanistan houses, killing women and children, and when the Australian military prosecutor attempted to prefer charges was stomped upon from a great height. Therefore, you are correct to some extent. However, do not let us promote American leaders to sainthood. The American military has carried out some very dreadful crimes and got away with it.
@ahmed: "People like Cynical, always have excuse for almost any bad happening, if that is related to their own people or to enemy of their enemy. " Your statement is very perplexing. I read Cynical's statement 2-3 times but could not understand where he is making an excuse. It is also not clear who he is supposed to make an excuse for because apparently US army is court martialling the only villainous character that appears in this plot and he could potentially get a death penalty for killing innocent Afghans. Also the only people to whom something bad happened was the poor Afghan villagers. If they are enemy of your enemy who exactly is your direct enemy with whom these poor villagers have enmity?
Or is this just an ad hominem attack because you do not like his views?
Too early to say anything. USA does not have a very convincing track record of dishing out Justice !!
If true he won't find any sympathy from officers who will act as his jury - if he is to stay alive he better have a good lawyer who can convince them he has serious mental issues. At a minimum he should spend the rest of his life behind bars.
People like Cynical, always have excuse for almost any bad happening, if that is related to their own people or to enemy of their enemy.
@Sexton Blake.
'Which other country?'
I am a little surprised at the question! But its o.k.
The point is, if there is such a country people, at least some of them will know about it anyway.
If no such country exists, people will rubbish my comment.
I am comfortable with both.
@Cynical: Greeted with congratulations in some other country. Dear Cynical, Which other country?
At least they take recourse to the due process. And here we are quibbling about degree of punishment, extent of culpability etc.
In some other country he would have been greeted with congratulatory slogans, showered with flowers and raised to the status of a hero.
Once again, we may never get to hear the full truth of the matter. The US military has created such a bad record of truth concealment over the last 12 years or so that it is hard to believe them. All we know is that many Afghan people died, and it stretches credulity to believe that one man carried it out all on his own.
US must give justice to the innocent afghans. Justice means death