US army says dead soldiers not linked to Iraqi rape

BAGHDAD, Sep 4 (Reuters) The US military in Iraq said today that three soldiers killed by kidnappers in June do not appear to have had any involvement in the rape and murder of a 14-year-old Iraqi girl and her family in the same area.

In an unusual move prompted by concern among the dead men's families over media reporting of the two events, the military said: ''The criminal investigation into the crimes committed against the Iraqi family in Mahmudiya is still ongoing.

''Thus far, however, no evidence has been discovered implicating Babineau, Tucker or Menchaca in any criminal involvement with the Mahmudiya incident.'' Specialist David Babineau and Privates First Class Thomas Tucker and Kristian Menchaca were killed in June near Mahmudiya, near Baghdad. US officers said a member of the unit, during counselling, gave information that led to murder and rape charges against five other men from the 502nd Infantry Regiment.

Tucker and Menchaca were abducted after an attack on their isolated outpost in which Babineau was killed.

The statement came as a military investigator was reported to have recommended that four soldiers be tried on capital murder and rape charges over the deaths in March of the parents and two children. That case shocked Iraqis otherwise accustomed to violence and angered the new, US-backed Iraqi government.

Quoting defence lawyers, the New York Times said counsel for the soldiers would challenge the investigator's recommendation.

''REPRISAL'' Al Qaeda's umbrella group in Iraq issued a video in July, after the military announced the murder probe, showing Tucker and Menchaca's bodies and saying they were killed to avenge the family. The group had not mentioned the murders previously and did not say the dead soldiers were directly involved.

US military officials say they have investigated whether there was any link between the dead Americans and the murders.

A military official said a relative of one of the soldiers had asked that the military clear the names of the dead.

''Past articles could be read to imply that the three deceased soldiers were somehow involved in the alleged crimes,'' the military said in its statement on Monday.

Abeer al-Janabi, 14, was found shot dead at home along with her parents and 6-year-old sister. The prosecution says some of the accused testified that they and other members of their checkpoint unit killed the four and raped the teenager.

At a military hearing in Baghdad a month ago, a prosecutor demanded a court martial for Sergeant Paul Cortez, Specialist James Barker and Privates First Class Jesse Spielman and Bryan Howard and dismissed a defence case that they were ''driven nuts'' by the strain of combat in an area where insurgents are active.

The commander responsible for their unit has yet to make a decision on whether there is sufficient evidence for a trial.

A fifth soldier is charged with dereliction of duty.

Former private Steven Green, since discharged from the unit, faces trial for rape and murder in a U.S. civilian court.

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