The Battalion. (College Station, Tex.) 1893-current, June 22, 2004, Image 5

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    June 22,
EWS
HE BATTALION
efense lawyers win right to question
,S. generals in Abu Ghraib prison scandal
By Todd Pitman
THE ASSOCIATED PRESS
BAGHDAD, Iraq — Lawyers for two defen-
mts in the Abu Ghraib prison scandal won the
ghi Monday to question top U.S. generals to
>lster arguments their clients were following
ill orders in their treatment of inmates.
■he order, issued by a military judge at pre-
ia hearings, compels Lt. Gen. Ricardo
nnehez, the top U.S. commander in Iraq, Gen.
ih i Abizaid, chief of the U.S> Central
onimand, to give depositions.
Hhe defense will also have access to Maj. Gen.
eoffrey Miller, who was
I charge of the
uantanamo Bay prison
imp and now runs U.S.
Mention facilities in Iraq,
thers who could be ques-
onid include Lt. Gen.
ho mas F. Metz, com-
■ der of Multinational
or )s Iraq, and Maj. Gen.
| lara Fast, chief of coali-
^ intelligence operations.
(buestioning senior
■ers who run the Iraq
could shed light on
that these MPs were acting alone,” Womack
told reporters. “They were directly under the
supervision and the direction of military intel
ligence officers.”
Womack, Graner’s civilian lawyer, said he
could prove the MP and military intelligence
commanders “were aware of everything that
was being done.”
A third defendant — Staff Sgt. Ivan L.
Frederick II — also appeared in court Monday
but his hearing was postponed until July 23
because his civilian lawyer, Gary Myers, refused
to travel to Baghdad. None of the three has
entered a plea.
Abu Ghraib: military chain of command
■ar
Defendants in the Iraqi prisoner
abuse case won the right to
question top U.S. military
commanders about whether they
had approved or known about the
treatment of detainees at the Abu
Ghraib prison from Sept. 3, 2003,
to January 2004.
Brig. Gen. Janis Karpinski
commander, 800th MP Brigade
In charge of all prisons in Iraq
Washington,
D.C.
President George W. Bush
commander in chief
Donald H. Rumsfeld, Secretary of Defense
Gen. Richard Myers, chairman
,raq
Joint Chiefs of Staff
Gen. John Abizaid, commander U.S. Central Command
Lt. Col. Jerry Phillabaum
commander
320th MP Battalion
Staff Sgt. Ivan “Chip" Frederick
facing court-martial
Abu Ghraib prison
372nd Military
Police Company
itlrrogation techniques
help determine how
[responsibility for the
3U&e extends up the chain
)erj , fommand.
However, the military
rminahclge, Col. James Pohl,
rrivt' jetted motions by coun-
homeli ;l|or Sgt. Javal S. Davis
id Spc. Charles A. Graner
ter the® 0 compel testimony
:c j) on Defense Secretary
Inald H. Rumsfeld.
IBohl also ruled out
loving the trial to the
'nil d States or Germany, source: Military reports
1111 ut said he might recon-
l0 dy tier if conditions in Iraq warranted by the time
g tthrial begins. A civilian attorney, Guy Womack,
dateoiiiq the trial was unlikely to start until October.
■he judge declared Abu Ghraib a crime scene
hat all;tat should not be destroyed. President Bush had
if the -ITei -d to tear down the prison to remove the stain of
[)n fy, dusc. but Iraqi authorities have shown no interest.
eleven members of the 372nd Military Police
lsC bmpany, a reserve unit from Cresaptown, Md.,
p ave been charged in the scandal, which gained
ttention in April after CBS’ “60 Minutes 11”
roadcast shocking photos of abuse and sexual
uililiation of Iraqi prisoners,
y ^'Bivilian defense attorneys have contended
le MPs were acting on instructions from mili-
iorylisH intelligence officers and civilian contract
ik el iterrogators.
'H-' “No one can suggest with a straight face
ioned ®;
Lt. Gen. Ricardo Sanchez, commander of coalition forces
in Iraq Combined Joint Task Force-7*
^ 4 Maj. Gen. Barbara Fast-J-2 (military intelligence
Jf commander) Combined Joint Task Force-7*
Col. Thomas M. Pappas, commander
205th Military Intelligence Brigade
f Lt-
" Inti
Sgt. Javal Davis
facing court-martial
Col. Steven Jordan, commander Joint
Interrogation and Debriefing Center
Spc. Megan Ambuhl
facing court-martial
Spc. Sabrina Harman
facing court-martial
Spc. Charles Graner ^
facing court-martiali pfc Lynndie
Spc. Jeremy Sivits ^ England
fleaded guilty facing court-
One year sentence martial
- ■ - • Sanchez transferred authority of Abu Ghraib to Pappas on Nov. 19. Officials differ
over whether that meant Pappas or Phillabaum was in charge of the Military Police.
On May 19, Spc. Jeremy C. Sivits pleaded
guilty and was sentenced to a year in prison, reduc
tion in rank and a bad conduct discharge. The three
other defendants face more serious charges.
Davis’civil lawyer, Paul Bergrin, said in court
that Abizaid had already prejudiced the hearings,
telling troops during a speech he would “see to
it personally that the accused in this case will
never wear the uniform again.”
Bergrin said the White House had ultimate
responsibility for the abuses.
“One of the last things my client heard before
deployment to Iraq last year was a speech by
Bush saying that the Geneva Conventions don’t
apply in the war on terrorism,” Bergrin said.
Such statements encouraged abuses at Abu
Ghraib, he said, because MPs there thought
international standards on the protection of pris
oners did not apply to Iraqis.
Bergrin said commanders put more pressure
on MPs at Abu Ghraib to “soften up” detainees
as the insurgency gained steam so they would
give information to interrogators and “save the
lives of American soldiers.”
Womack said the MPs knew they were in a
war zone and believed the orders were legal.
“We can’t have American soldiers in a war
zone questioning the legality of orders,”
Womack told reporters.
Bergrin told reporters interrogators were using
“Israeli methods” — including nudity and sexual
humiliation — which the Israelis had employed to
pressure Arab prisoners into
talking.
During a recess, Bergrin,
a former New Jersey prose
cutor, said he would like to
question the president
because “we know as a mat
ter of fact that President Bush
changed the rules of engage
ment for intelligence acquisi
tion.” He did not elaborate.
Bergrin said he didn’t
make the request in court
because he couldn’t prove
any link between his
client’s case and directives
from Bush.
The hearings took place
in a tightly guarded building
in the so-called Green Zone,
the nerve center of the
American-run occupation of
Iraq. Unlike Sivits’ trial last
month, attendance at the
Monday proceeding was
light, with few Iraqis present
and remaining seats filled by
two dozen journalists and
military officials.
Graner, who had been
^ photographed giving the
thumbs-up sign behind a
pile of naked detainees, sat
subdued beside Womack and a military lawyer.
Womack said Graner, who has worked in
American prisons, was “very sorry” and “very
concerned” about the abuses committed at Abu
Ghraib — even while they happened.
“He relayed those concerns up his chain of
command ... and made it known that he thought he
was doing things that as a civilian could get him
fired and perhaps thrown in jail,” Womack said.
“But they told him that he was working for military
intelligence and he was to follow their orders.”
A hearing for another soldier charged in the
scandal, Pfc. Lynndie England, 21, was post
poned this week until July 12 at Fort Bragg,
N.C., where she is now stationed. The military
has not decided whether to refer the cases
against two others — Spc. Sabrina Harman and
Pfc. Megan Ambuhl — to courts-martial.
' Now called Multinational Forces-lraq
Tuesday, June 22, 2004
COLLEGE STATION POLICE BLOTTER
6/19/04 4:47 a.m. DWI, 1700 George Bush.
One arrest.
6/19/04 11:36 a.m. Burglary of vehicle,
117 Holleman. Taken: CD player, clothing.
6/19/04 12:14 p.m. Burglary of vehicle, 2021 Legacy.
Taken: Stereo.
6/19/04 2:45 p.m. Burglary of vehicle,
907 Camellia. Taken: Wallet, misc. items.
6/19/04 3:44 p.m. Burglary of vehicle,
1500 Olympia Way. Taken: CD player.
6/19/04 4:41 p.m. Burglary of habitation,
500 Kerry St. Taken: Computer, TV, stereo.
6/19/04 9:01 p.m. Warrant arrest, 1100 Georgia.
One arrest.
6/19/04 10:02 p.m. Warrant arrest,
Houston/George Bush. Theft of a firearm. One arrest.
6/20/04 12:05 a.m. DWI, 2504 Texas. One arrest.
6/20/04 1:18 a.m. DWI, 2700 Texas. One arrest.
6/20/04 3:44 a.m. DUI, 100 Wellborn. One arrest.
6/20/04 10:58 a.m. Violation of a Court order,
2500 Central Park. One arrest.
6/20/04 1:40 p.m. Traffic arrest, W feeder 6/Barron.
No driver's license. One arrest.
6/20/04 2:15 p.m. Burglary of habitation,
2611 Texas. Taken: nothing
6/20/04 8:32 p.m. Public intoxication,
1011 Wellborn. One arrest
6/20/04 9:01 p.m. DWI, 1011 Wellborn. Also
fail to ID. One arrest.
6/20/04 9:07 p.m. Burglary of a building,
608 Pearce. Taken: bike.
6/20/04 10:13 p.m. Assault, 401 University
Oaks. Family violence. One arrest.
6/20/04 11:32 p.m. Theft, Associates/Harvey.
One arrest.
6/21/04 12:50 a.m. Burglary of vehicle, 900
Holleman. Taken: money clip, face plate, cash.
6/21/04 2:02 a.m. Major accident, 1500
Holleman. Head injuries.
6/21/04 2:32 a.m. Burglary of vehicle,
604 Holleman. Taken: Stereo, wallet.
6/21/04 2:42 a.m. DWI, 1500 Holleman.
One arrest.
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