Testimony begins in SEAL trial

NORFOLK, Va. - A jury was selected, opening statements heard, and testimony in the court-martial of a Navy SEAL accused of punching a suspected terrorist in Iraq.

Petty Officer 2nd Class Matthew McCabe pleaded not guilty Tuesday in military court at Norfolk Naval Station in Virginia. A jury of four Navy officers and three enlisted personnel was seated Tuesday morning.

The 24-year-old Virginia Beach-based SEAL from Perrysburg, Ohio, is accused of assaulting Ahmed Hashim Abed, who is suspected of masterminding the gruesome 2004 killings of four American contractors in Fallujah. Two other SEALs who were accused of covering up the assault were acquitted last month in Iraq and are expected to testify in McCabe's trial.

In opening statements, government prosecutors told members of the jury "a story you don't want to believe becomes a story you have to believe."

Defense attorneys asked the jury to consider important questions, including when blood was first discovered on the detainee, what will a medical screen reveal, and why would nine U.S. Naval officers and petty officers lie under oath.  They also told the jury that the evidence will suggest Abed intentionally bit into a canker sore on his lip to cause bleeding that he could claim was inflicted by an American captor.  McCabe's attorneys said a terrorist training manual teaches that tactic.

As testimony began, a Special Forces commander testified that he prepared a document that McCabe should have seen outlining legal, moral, and ethical behavior expected during the operation.

Then the nearly three-hour taped, translated deposition of Abed was played in court.  In it, he says that following his arrest, he was blindfolded, handcuffed, taken into a room, placed in a chair, and abused for approximately five minutes.  Abed said he was punched in the stomach, kicked, and thrown to the ground.

Abed did not identify McCabe as the assailant, saying he only caught a glimpse of a man's bare legs when he fell to the floor and his blindfold was partially dislodged.

During the deposition playback, McCabe's attorneys kept a running list on a board of what they claim were inconsistencies in Abed's testimony.

The trial continues Wednesday morning.

A Navy petty officer who claims McCabe was the attacker is expected to testify. Petty Officer 3rd Class Kevin DeMartio also testified at the trials of McCabe's co-defendants, but his account was contradicted by a several other witnesses.

McCabe is charged with assault, dereliction of duty and lying to investigators. He could get up to a year in jail if convicted.

Relatives of McCabe and of some of the Blackwater contractors who were killed in Fallujah are attending the trial, which is expected to last most of the week.

The SEALs have received an outpouring of support from people on the Internet, as well as more than 20 members of Congress who signed a letter urging Defense Secretary Robert Gates to put a stop to the prosecution.