Sgt. Javal Davis pleads
guilty
Newsday.com
By T.A. BADGER
Associated Press Writer
February 2, 2005, 8:51 PM EST
FORT HOOD, Texas -- Sgt. Javal Davis was so stressed out by
his job as an Abu Ghraib prison guard that, on a particularly bad
day in November 2003, he lost his temper and lashed out at a
group of detainees, an Army jury was told Wednesday.
The nine-man panel heard Davis admit during his sentencing
hearing that he stepped on the hands and feet of those detainees
and that he later fell with full weight on top of those prisoners
at Abu Ghraib.
Davis, a 27-year-old former guard at Abu Ghraib, pleaded
guilty Tuesday to battery, dereliction of duty and lying to Army
investigators as part of a deal with prosecutors on the eve of
his scheduled trial.
He faces a maximum 6{ years in prison for his crimes, but
defense lawyer Paul Bergrin has told The Associated Press that
the plea deal caps Davis' sentence at 18 months.
Capt. Chuck Neill, a prosecution spokesman, said the jury's
sentence recommendation will be compared to the deal offered to
Davis, and the lesser sentence will be served.
Bergrin sought to paint Abu Ghraib as a bleak and volatile
place for the jury of four officers and five senior enlisted men
to explain why Davis, an ill-trained reservist from Roselle,
N.J., acted as he did.
Maj. David Dinenna, a leader of Davis' military police
battalion, testified that conditions at the Abu Ghraib prison
complex were "deplorable" for the thousands of detainees and
their vastly outnumbered guards.
"It was filthy, with rodents, rats, wild dogs and trash and an
overpopulation of prisoners," said Dinenna. Edible food and water
were in short supply, he said, and mortar attacks, small-arms
fire and prisoner flare-ups were common hazards.
He said he sent many e-mails seeking more supplies and more
guards, as MPs moved to other assignments often were not
replaced, which meant more work and heightened stress for those
left at Abu Ghraib.
During cross-examination by prosecutor Maj. Michael Holley,
Dinenna agreed that guards at other U.S.-run detention facilities
in Iraq faced similar conditions, but that they didn't abuse
prisoners as a result.
Testimony is to continue Thursday.
Earlier prosecutors played a tape recording for jurors in
which Davis responded to questions in court Tuesday from Col.
James Pohl, the judge, about what he did to the group of seven
handcuffed and hooded prisoners and what he didn't do to protect
them from other guards.
Davis said that he knew his actions were wrong and that the
abuse was not carried out as part of an approved regimen prior to
interrogation, as other accused Abu Ghraib guards have
claimed.
He said he saw those prisoners being physically mistreated and
sexually humiliated, but that he failed to help them or report
the abuse, as required under military law. He also admitted lying
to an Army investigator by denying his misdeeds and stating that
he never struck a detainee in anger.
Davis also spoke about the dangers faced by the guards at Abu
Ghraib, including daily mortar attacks and prisoners armed with
homemade knives. He blamed that high level of stress for his
wrongful acts.
The recording was the only evidence offered by prosecutors
during the sentencing phase, which is scheduled to take at least
two days.
Bergrin has said he will call several witnesses, likely
including Davis, and that he will play video-recorded testimony
from three Iraqi detainees who say that Davis treated them well
at Abu Ghraib.
"When they were cold, he kept them warm," Bergrin said of his
client. "When they wanted to pray, he let them."
The first of those detainees described Davis in his brief
recorded testimony as a "peaceful man."
"He used to make us laugh and he practiced sports with us,"
said Omas Jalal, a Baghdad man being held at Abu Ghraib on
kidnapping charges.
Davis, serving with the Maryland-based 372nd Military Police
Company, said he was upset because a female soldier had been hit
in the face with a brick during a disturbance in a nearby prison
tent camp, and that he took out his anger on the prisoners.
"I just lost it," said Davis, who stands about 6-foot-1 and
weighs nearly 220 pounds. "I wasn't trying to hurt them. I was
just trying to scare them, but I did it."
Five other soldiers have already pleaded guilty in the case
and have been sentenced. Two others _ Spc. Sabrina Harman and
Pfc. Lynndie England _ still face trial.
The only case to reach trial was that of Pvt. Charles Graner,
described as the abuse ringleader. Graner was convicted in
January on five abuse-related counts and was sentenced to 10
years in prison.
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