Vernal45
member
Military Judge Rejects England's Plea Deal
Wednesday, May 04, 2005
FORT HOOD, Texas — A military judge Wednesday threw out Pfc. Lynndie England's (search) guilty plea to Iraqi prisoner abuse at Abu Ghraib, saying that he was not convinced that she knew that her actions were wrong at the time.
Col. James Pohl (search) entered a plea of not guilty for England to a charge of conspiring with Pvt. Charles Graner Jr. (search) to maltreat detainees at the Baghdad-area prison.
The action came after Graner testified at England's sentencing hearing that pictures he took of England holding a naked prisoner on a leash at Abu Ghraib (search) were meant to be used as a legitimate training aid for other guards.
When England pleaded guilty Monday, she told the judge she knew that the pictures were being taken purely for the amusement of the guards.
Pohl said the two statements could not be reconciled.
"You can't have a one-person conspiracy," the judge said before he declared a mistrial and dismissed the jury.
Under military law, a judge can formally accept England's guilty plea only if she knew at the time that what she was doing was illegal.
Graner, who is said to be England's ex-boyfriend, was found guilty in January and is serving a 10-year prison term for his role in the scandal.
Pohl abruptly stopped England's sentencing hearing after Graner testified for the defense that three pictures he took of England holding a naked prisoner on a leash were meant to be used as a legitimate training aid for other guards.
Before the judge stopped the proceeding, Graner had not been asked if England knew the photos were to be used as training aids.
"If you don't want to plead guilty, don't," Pohl admonished the defendant while Graner sat on the witness stand. "But you can't plead guilty and say you're not guilty. ... You can't have it both ways."
In a handwritten note given to reporters Tuesday, Graner had said he wanted England to fight the charges.
"Knowing what happened in Iraq, it was very upsetting to see Lynn plead guilty to her charges," he wrote. "I would hope that by doing so she will have a better chance at a good sentence."
Graner maintains that he and the other Abu Ghraib guards were following orders from higher-ranking interrogators when they abused the detainees.
England, 22, pleaded guilty Monday to seven counts of mistreating prisoners. She told the court that the beatings and sexual humiliation were done for the guards' entertainment and took responsibility for the smiling, thumbs-up poses she struck for photographs that made her the face of the prisoner abuse scandal.
Other photos showed England standing next to nude prisoners stacked in a pyramid and pointing at a prisoner's genitals.
England's lawyers sought leniency Tuesday from the Army jury of five men and one woman that will determine her punishment.
On Tuesday, a school psychologist from Mineral County, W.Va., who worked with England when she was a child testified that she was oxygen-deprived at birth. He said her speech was impaired and she had trouble learning to read.
Thomas Denne said England's learning disabilities were identified when she was a kindergartner, and though she made progress in school she continued needing special attention.
"I knew I was going to know Lynndie England for the rest of my life," Denne said.
Asked by the judge if England knew right from wrong, Denne said she had a compliant personality and tended to listen to authority figures.
The lead prosecutor, Capt. Chris Graveline, told the sentencing jurors in opening statements that England and a half-dozen other soldiers in the 372nd Military Police Company (search) took great pleasure in humiliating the prisoners.
Graveline said England and Graner, believed to be the father of England's infant son, knew it was wrong to mistreat the detainees and take the photos, "but they did it anyway for their own amusement." The prosecution rested its case without calling any witnesses.
The charges carry up to 11 years in prison. Prosecutors and the defense reached an agreement that caps the sentence at a lesser punishment; the length was not released. She will get the lesser of the military jury's sentence or the term agreed on in the plea bargain.
Four other Abu Ghraib guards and two low-level military intelligence officers have entered guilty pleas in connection with the scandal, with sentences ranging from no time to 8½ years. Spc. Sabrina Harman, a former Abu Ghraib guard, is scheduled to go to trial at Fort Hood next week.
Wednesday, May 04, 2005
FORT HOOD, Texas — A military judge Wednesday threw out Pfc. Lynndie England's (search) guilty plea to Iraqi prisoner abuse at Abu Ghraib, saying that he was not convinced that she knew that her actions were wrong at the time.
Col. James Pohl (search) entered a plea of not guilty for England to a charge of conspiring with Pvt. Charles Graner Jr. (search) to maltreat detainees at the Baghdad-area prison.
The action came after Graner testified at England's sentencing hearing that pictures he took of England holding a naked prisoner on a leash at Abu Ghraib (search) were meant to be used as a legitimate training aid for other guards.
When England pleaded guilty Monday, she told the judge she knew that the pictures were being taken purely for the amusement of the guards.
Pohl said the two statements could not be reconciled.
"You can't have a one-person conspiracy," the judge said before he declared a mistrial and dismissed the jury.
Under military law, a judge can formally accept England's guilty plea only if she knew at the time that what she was doing was illegal.
Graner, who is said to be England's ex-boyfriend, was found guilty in January and is serving a 10-year prison term for his role in the scandal.
Pohl abruptly stopped England's sentencing hearing after Graner testified for the defense that three pictures he took of England holding a naked prisoner on a leash were meant to be used as a legitimate training aid for other guards.
Before the judge stopped the proceeding, Graner had not been asked if England knew the photos were to be used as training aids.
"If you don't want to plead guilty, don't," Pohl admonished the defendant while Graner sat on the witness stand. "But you can't plead guilty and say you're not guilty. ... You can't have it both ways."
In a handwritten note given to reporters Tuesday, Graner had said he wanted England to fight the charges.
"Knowing what happened in Iraq, it was very upsetting to see Lynn plead guilty to her charges," he wrote. "I would hope that by doing so she will have a better chance at a good sentence."
Graner maintains that he and the other Abu Ghraib guards were following orders from higher-ranking interrogators when they abused the detainees.
England, 22, pleaded guilty Monday to seven counts of mistreating prisoners. She told the court that the beatings and sexual humiliation were done for the guards' entertainment and took responsibility for the smiling, thumbs-up poses she struck for photographs that made her the face of the prisoner abuse scandal.
Other photos showed England standing next to nude prisoners stacked in a pyramid and pointing at a prisoner's genitals.
England's lawyers sought leniency Tuesday from the Army jury of five men and one woman that will determine her punishment.
On Tuesday, a school psychologist from Mineral County, W.Va., who worked with England when she was a child testified that she was oxygen-deprived at birth. He said her speech was impaired and she had trouble learning to read.
Thomas Denne said England's learning disabilities were identified when she was a kindergartner, and though she made progress in school she continued needing special attention.
"I knew I was going to know Lynndie England for the rest of my life," Denne said.
Asked by the judge if England knew right from wrong, Denne said she had a compliant personality and tended to listen to authority figures.
The lead prosecutor, Capt. Chris Graveline, told the sentencing jurors in opening statements that England and a half-dozen other soldiers in the 372nd Military Police Company (search) took great pleasure in humiliating the prisoners.
Graveline said England and Graner, believed to be the father of England's infant son, knew it was wrong to mistreat the detainees and take the photos, "but they did it anyway for their own amusement." The prosecution rested its case without calling any witnesses.
The charges carry up to 11 years in prison. Prosecutors and the defense reached an agreement that caps the sentence at a lesser punishment; the length was not released. She will get the lesser of the military jury's sentence or the term agreed on in the plea bargain.
Four other Abu Ghraib guards and two low-level military intelligence officers have entered guilty pleas in connection with the scandal, with sentences ranging from no time to 8½ years. Spc. Sabrina Harman, a former Abu Ghraib guard, is scheduled to go to trial at Fort Hood next week.