Padilla verdict may cast a long shadow
Whatever they rule, jurors could in effect decide if 'enemy combatants' who are U.S. citizens can be kept in military lockups.
By Madeline Bar Diaz, South Florida Sun-Sentinel
August 15, 2007
http://www.latimes.com/news/nationworld/nation/la-na-padilla15aug15,1,6468811.story?coll=la-headlines-nationMIAMI -- When jurors announce their verdict in the trial of Jose Padilla, they could be seen as either endorsing the government's long detention of Padilla or questioning the controversial policy of keeping so-called "enemy combatants" in military jails.
"If the verdict comes back guilty, the government is going to say, 'We were right all along,' " said Stephen I. Vladeck, a law professor at American University in Washington, D.C. "I think a not-guilty verdict would be a very interesting prospect."
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Padilla was charged just as the U.S. Supreme Court was considering whether to hear for a second time his claim that his military detention without access to lawyers was unconstitutional. The claim was narrowly dismissed the first time on technical grounds. The government's move led the Supreme Court to decide 6-3 against hearing his case a few months after the indictment.
The fact that Padilla was tried in the civilian court is a victory, said Vladeck, who worked on briefs opposing Padilla's military detention.
"From the point of the American criminal justice system, the most important thing is not the result, but that it happened," he said. "This is how the system is supposed to work."
No evidence about or from Padilla's detention in military custody was presented to the jury.
His attorneys had argued that Padilla's time in the brig amounted to torture and left him with severe mental problems. But U.S. District Judge Marcia G. Cooke, who presided over the trial, declared Padilla competent and declined to throw out the case despite a defense motion saying his detention and interrogations violated his due process rights.
She said he could receive a fair trial as long as the government did not introduce evidence obtained in the interrogations.
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