Case against woman (Lynndie "Thumbs Up" England) in abuse scandal delayed

[UpInArms]

http://www.cnn.com/2004/LAW/06/21/england.iraq.abuse/

(CNN) -- Court-martial proceedings against Pfc. Lynndie England, charged in the Abu Ghraib prisoner-abuse scandal, have been delayed until next month, a public affairs officer at Fort Bragg, North Carolina, said Monday.

England's lawyer, Richard Hernandez, said last week that she is open to discussing a plea bargain, and sources told CNN that plea bargain discussions were initiated Monday.

"A plea is always a possibility, if for nothing else, to avoid the possibility of a court- martial and a longer sentence," Hernandez said last week.

An Article 32 hearing, comparable to a preliminary hearing in a civilian court, was scheduled to start Tuesday but was postponed by mutual agreement of the parties, the Army spokesman said. It is now scheduled to take place the week of July 12.

<snip>

She also faces three counts of assault against Iraqi detainees, nine counts of conduct prejudicial to good discipline in the military, and one count of indecent acts with various soldiers and detainees.

The nine improper conduct charges involve additional photos that England either took or posed for.

An Article 32 hearing takes place before an investigating officer, who hears testimony and arguments from both sides and then decides whether to recommend a full court-martial.

...more...

[KDLarsen]

1. Perhaps they're waiting for the memos..

.. hoping that they'll prove that England was acting under orders from above. Of course, that'll never happen, but it's ok to dream.

[UpInArms]

4. found this article at the Daily Times (Pakistan)

http://www.dailytimes.com.pk/default.asp?page=story_22-6-2004_pg4_1

excerpt:

The lawyers argue that Davis and Graner were simply following orders from military intelligence and Central Intelligence Agency (CIA) officials under a special interogation programme imported to Iraq from another infamous US prison in Guantanamo Bay, Cuba.

Bush effectively created the culture for this harsh treatment through his war on terror launched in the wake of the September 11, 2001 suicide attacks on New York and Washington that - the president claimed - was exempt from the rules of law laid out in the Geneva Conventions, charged Bergrin. “We have proof the president asked (White House counsel) Alberto Gonzales for a memorandum ... redefining the fact that the law of war in the Geneva Convention does not apply to his war on terrorism,” the lawyer told AFP, after he represented Davis in a pre-trial hearing in Baghdad. Rumsfeld was deployed by Bush to crack down on terrorism, Bergrin said, a command that rippled down the ranks.

“We have memos that were written by different members of the government that we have got our hands on and we will be able to show the cooperation between them and what was requested between them,” the lawyer said.

Bergrin said a series of harsh interrogation techniques, such as hooding captives and exposing them to extreme heat or cold, had been developed at Guantanamo Bay and exported to Iraq. “They extended the amount of methods used to include dogs ... and threatening and intimidating detainees to get information from them,” he said. Low- ranking officers such as Davis and six others charged in the scandal, were simply obeying orders from above, according to the lawyer. His colleague Womack said he had evidence that proved the soldiers were paying the price for orders that went much higher up the chain of command.

“These seven MPs (military police) are being used as scapegoats,” he said.

[Trillo]

2. Ah, yes, lets plead this out: won't have to divulge

embarrassing details this way. No superiors will need to take the stand and testify under penalty of perjury.

[Old and In the Way]

5. I suspect you are correct......hold the crime over her head and hope like

hell she pleads it out. This administration does not want this case to go to trial.

[TolstoyAndy]

3. "one count of indecent acts with various soldiers and detainees"

So she's facing group sex charges, in addition to the torture on film.

With this kind of "patriot" "defending" us, what's all the fuss about?.

[Voltaire99]

6. Are you saying she took one for (and from) Team Freedom?

"Let the Eagle Sore," indeed. ;-)