The Battalion. (College Station, Tex.) 1893-current, September 01, 2004, Image 10

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10A
Wednesday, September 1, 2004
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U.S. Army Pfc. Lynndie England (left) walks with her mother,
Terrie England, outside of the XVIII Airborne Corps Judge
Advocate Building Tuesday, Aug. 31, 2004, at Fort Bragg, N.C.
England was appearing for an Article 32 hearing on charges of
abusing Iraqi detainees and possession of sexually explicit pho-J
tos not involving detainees.
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By Allen G. Breed
Associated Press Writer
FORT BRAGG, N.C. — Prosecutors ended a military court hear
ing Tuesday for a soldier shown in infamous photos of naked Iraqi
prisoners by requesting an additional charge of “maltreatment and
cruelty” against Pfc. Lynndie England.
The hearing to determine whether England should face a full court-
martial adjourned without testimony from any of the high-level wit
nesses sought by the defense, including Vice President Dick Cheney
and Defense Secretary Donald Rumsfeld.
Investigating officer Col. Denise Am said she would recommend
within a week whether England should face a court-martial.
During closing arguments at Fort Bragg, Capt. Crystal Jennings, a
military prosecutor, read from the 21-year-old Army reservist’s own
statements that she stepped on prisoners’ toes and posed for and took
photos of naked detainees piled in human pyramids and being forced
to simulate homosexual acts.
“She was having fun,” Jennings said. “There was no indication
that she was there for any military purpose.”
The defense has said England and other members of the Mary
land-based 372nd Military Police Company abused prisoners un
der orders from military intelligence agents to “soften up” prison
ers for interrogation.
Civilian defense attorney Rick Hernandez said outside court that
with all the recent reports about problems in military prisons, “obvi
ously Pfc. England was not acting alone.”
But Jennings said there was no evidence England ever was given
an order to mistreat prisoners. In fact, Jennings said, England repeat
edly violated orders to stay out of the part of the prison where the
abuse occurred.
“If she was given an order, it was an unlawful order” that England
was obliged to disobey, Jennings said. “She was not an MP. She was
a (personnel) clerk ... who was not recruited into some secret mis
sion. She was there to have some fun.”
England is the woman shown in now-infamous photographs hold
ing a naked Iraqi prisoner by a leash, smiling and pointing at a hood
ed detainee’s genitals and posing behind a pyramid of nude Iraqis.
The Fort Ashby, W.Va., native, reportedly eight months pregnant
with the child of another soldier charged in the scandal, has atte
all but a few hours of the hearing, stepping out briefly on the op
day to visit her obstetrician.
Military officials have recommended charging her with 13 co
of abusing detainees and six counts stemming from possession^
sexually explicit photos not involving detainees. It convicted,
could get up to 38 years in prison.
Jennings also told Am she should recommend an additional ch
of maltreatment and cruelty against England. The charge senes a
catch-all to encompass all the individual acts England is accused^
and would carry an additional penalty of up to one year in prison a
a dishonorable discharge.
In a brief defense summation, Capt. Jonathan Crisp. Englan
military attorney, objected to the additional charge and noted thatc
count accusing England of photographing abuse involves a pic
another soldier has admitted taking.
After the hearing. Crisp said it was unusual for prosecutors tor
ommend charges during closing arguments. But he said the defen
was expecting it.
The Article 32 hearing is the rough equivalent of a civilian]
jury, except England was allowed to be present and to call and<
examine witnesses. Am heard from 27 witnesses over five i
testimony in early August and two days this week.
England’s lawyers had sought to call more than 160 win
ranging from military interrogators up to Cheney and Rumsfeld. 1
Tuesday, that list had been reduced to just six names, including Bn
Gen. Janis Karpinski, who was in charge of Abu Ghraib when!
abuse scandal broke out.
But Am rejected those requests, saying Karpinski’s testir
would not be relevant. She also refused a defense request to hear fro
several Iraqi prisoners after the prosecution argued that it wouldr
quire soldiers in armed convoys to transport these witnesses throuj
fire zones to testify.
Arn will make her report to Col. Richard Hooker, commanderi
the 18th Airborne Corp’s Dragon Brigade. Hooker will then recr:
mend to Lt. Gen. John R. Vines, Fort Bragg's commander, whetlt
England should be court-martialed, and on which charges.
One soldier has already pleaded guilty in the abuse scanii
and is serving a year in prison. Another is set to enter a guilij
plea in October.
Church College Station
iof First Baptist Church Colspq Station/
The Battalion
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