U.S. soldier in Iraq gang rape gets 90 year sentence

FORT CAMPBELL, Kentucky (Reuters) - One of four U.S. soldiers accused of raping a 14-year-old Iraqi girl before killing her and her family was conditionally sentenced on Thursday to up to 90 years in prison with the possibility of parole.

The sentence -- which is subject to review by a higher military authority and could be reduced -- was imposed on Specialist James Barker after a two-day court-martial. He had pleaded guilty to rape and murder and agreed to testify against others charged in the case in exchange for escaping the death penalty.

The gang rape and slayings at Mahmudiya along with the killing of 24 people in Haditha and other U.S. military incidents sparked outrage and calls by officials in Iraq for a review of foreign troops' immunity from Iraqi prosecution.

Officials said after the court-martial that Barker's sentence was subject to review by a "convening authority," a panel that includes the base commander and has the power to reduce the sentence but not make it harsher. The degree to which he cooperates in the prosecutions of the others charged in the case could affect the final sentence, they said.

Barker, who was 23 when the crime was committed, knew by his plea agreement going into the proceeding that he faced in effect a life sentence, with the main question being whether it would be without the possibility of parole.

It was not immediately clear how long he would have to serve before he could seek parole under Thursday's sentence.

Barker provided graphic testimony to military investigators about the March 2006 incident at Mahmudiya that was used at a military proceeding in Baghdad last August, resulting in charges against the four and one former soldier. He repeated those descriptions during his court-martial.

The others charged with rape and murder were Pvt. Jesse Spielman, Sgt. Paul Cortez, and Pvt. Bryan Howard. In addition former soldier Steven Green has been charged in a civilian court and is awaiting trial in a Kentucky jail.

The Mahmudiya victims were a 14-year-old girl who was raped and later killed along with her parents and her 6-year-old sister. Barker said those who committed the crime had been drinking whiskey mixed with an energy drink and discussed in advance killing an Iraqi family.