The real kicker is whether or not they were ORDERED to do it. They claim they were ordered, but there aren't any written orders...and dead men don't testify when (if) officers are charged.
If that was the goal, then a term in the stockade and a dishonorable discharge would be better. Ruin their credibility without the problems a death penalty case would bring.
Having thought about it a bit, my fear is that they might be over prosecuting these guys as a showcase trial. They picked a small group that is clearly guilty and can't drag anybody else in, and then hit them with everything in the book and maximum possible sentence.
Jay